Judgment

Judgment

Critique of the Judgment No. 9609970227200111 Branch 12 of the Civil Court of Tehran (Concept of Origin, Distinction between Defense and Action, Representation, Exceeding Authority by Managing Director)

Document Type : Scientific

Authors
Jalil Ghanavaty 1
Badie Fathi 2
1 Associate Professor at Law Faculty of Tehran University
2 Lecturer at the Faculty of Law and Political Science of Allameh Tabatabai University & Head of Branch 144 of the Civil Court of Tehran
Abstract
Judgment No. 9609970227200111 Branch 12 of the civil Court has been selected as the top judgment of justice in the province of Tehran in the group of civil courts. The judgment addresses a number of important issues in civil procedure and substantive law, especially representation and   company law. Some issues like change object of the demand, concept of same cause in cases where the obligation to perform the contract is first required and then the request for a verdict to declare the invalidity of that contract has been changed and then distinction between defense and action and its results and protest against the opinion of expert in civil procedure and representation, legal sanction of failure to determine authority of managing director or exceeding authority by managing director and legal sanction of non-compliance of select managers according to legal regulations in the field of substantive law is clear from this judgment. It seems that the mentioned judgment is one of the desirable judgments in our judicial system, but it is not without criticism. 
Keywords
Concept of same cause
Distinction between defense and action
Representation
Company law
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  • Receive Date 24 April 2019
  • Revise Date 23 May 2019
  • Accept Date 23 June 2019