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Paper Information

Journal:   THE JUDICIARY’S LAW JOURNAL   SPRING 2012 , Volume 76 , Number 77; Page(s) 193 To 213.
 
Paper: 

THE INSTITUTION OF STAY OF APPEAL IN IRANIAN LAW

 
 
Author(s):  BAKHTIARI MAHDI*
 
* 
 
Abstract: 

By the adoption of the Civil Code of Procedure Act of Public and Revolutionary Courts in 2000, a new institution, namely, stay of appeal was provided for in the provisions of articles 256 and 259 of the Act, without any precedence in the Code of Civil Procedure, 1939 and its subsequent amendments. A comparison of this institution with stay of proceedings points out that their legal status is identical. However, the introduction of this institution may bring about some consequences such as case attrition, inauthenticity of judgments, infliction of damage to appellee.
In conclusion, the lawmaker, for amendment, may lay down a certain time limit and upon its elapse shall authorize the appellate court to refuse the appeal lodged when requested by an appellee and/ or to require an appeal bond deposited by the appellant for the acceptance of the request of appellant for surmounting the cause of stay of appeal and/ or to replace the stay of appeal by the issuance of a writ of waiver of appeal.

 
Keyword(s): STAY OF PROCEEDING, STAY OF APPEAL, SITE INSPECTION, LOCAL RESEARCH, EXPERT, COURT
 
References: 
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  Persian Abstract Yearly Visit 82
 
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