Common ‘Will’ of Parties for Terminating Civil Procedure

• Main Authors: Morteza Shahbaziniya, Maysam Akbari Dehno
• Format: Article
• Language: fas
• Published: Allameh Tabataba'i University Press 2014-07-01
• Series: Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī
• Subjects: Civil Procedure; parties; joint wills; finishing the fight
• Online Access: http://jplr.atu.ac.ir/article_766_6aec29e0b7ce26f425288b3cd11b3b2a.pdf

These days, one of the topics which has attracted the attention of lawyers is the due process rights, that is, an approach to "deal out justice". This approach enables parties to interpret provisions of the Civil Procedure Code. In other words, it provides parties with an initiative in this area of law. This article discusses the end of civil procedure by focusing on this approach. Parties can end the civil procedure by proposing an alternative means of dispute resolution, by terminating the agreement on civil proceedings or by complying with the court’s judgment. There has been less literature and debate on the second and third methods of ending the civil procedure. In the second method, parties agree to withdraw their civil dispute(s). In the third method, parties end the civil procedure either expressly by waiving the right of appealing the judgment or impliedly by agreeing to abide by expert opinion.