Judgment

Judgment

Guarantee of implementation of the legal trick in the petition

Document Type : Scientific

Authors
1 Assistant Professor of Faculty of Law and Political Sciences, Kharazmi University of Tehran,
2 Doctoral student of Private Law, University of Tehran
3 Doctoral student of Private Law, Faculty of Law and Political Sciences, Tarbiat Modares
10.22034/judg.2025.2058783.1440
Abstract
A trick in a petition refers to the action of the petitioner using the capacity of formal rules to write a favorable petition in order to secure more benefits in the proceedings. Gaining profit does not imply violating the substantive and formal rights of the litigant. It is essential to understand the guarantees for the implementation of such tricks, as they can have a significant impact on the proceedings of lawsuits. The present study, employing a descriptive-analytical method, utilizing library-based data and an examination of judicial precedents, seeks to identify and analyze these legal effects. Changing the local jurisdiction of the court, expanding the jurisdiction of the lawsuit, finalizing the verdict at the initial stage, and converting the original verdict into a decision to reject the lawsuit at the appeal stage are among the main guarantees for the implementation of tricks in the petition. Essentially, these tricks are not the result of weaknesses in the law and should not be considered illegitimate or immoral acts; rather, the artistic use of formal rules, while observing the existential philosophy of these rules, can contribute to the development of civil procedure.
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Articles in Press, Accepted Manuscript
Available Online from 17 September 2025

  • Receive Date 23 April 2025
  • Revise Date 20 May 2025
  • Accept Date 17 September 2025