Majid Bana’i Osku’i
Abstract
Complaining about the bankruptcy order is very important as it affects the rights of the interested parties. Before the issuance of unified judicial precedent No. 789 of the year 2019 of the General Board of the Supreme Court, there was doubt in the doctrine regarding the rule of special provisions of ...
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Complaining about the bankruptcy order is very important as it affects the rights of the interested parties. Before the issuance of unified judicial precedent No. 789 of the year 2019 of the General Board of the Supreme Court, there was doubt in the doctrine regarding the rule of special provisions of the Commercial Law to complain about the bankruptcy order, and in practice, there was no specific jurisprudence on how to invoke these articles. Although the subject of disagreement that created the aforementioned unanimity vote is the deadline for the third party's protest against the bankruptcy order, the said decision has only emphasized the validity of the articles of the Commercial Law, which inevitably, without studying the conflicting opinions, it is difficult to understand that the subject of the dispute is the binding of the third party's protest to the times specified in the law. In addition, the validity or invalidity of the provisions of this law was only one of the questions that were answered by issuing the above decision, however, there are still many other uncertainties regarding the interested parties and their inclusion in the parties inside or outside the lawsuit, whether absent or present in the preliminary hearing, the competent court, the origin, and deadline for filing a complaint against the bankruptcy order that have been tried in this article to give clear and convincing answers to the above questions and uncertainties.
Khalil Ahamdi
Abstract
Abstract Third –party oppositionIn Dispute among different persons having common interest, issuances of judgement to the loss of one of the plaintiff’s doesnot lose the rights of other plaintiffs. For this reason, objection by third party is not needed. In Dispute among defendants having ...
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Abstract Third –party oppositionIn Dispute among different persons having common interest, issuances of judgement to the loss of one of the plaintiff’s doesnot lose the rights of other plaintiffs. For this reason, objection by third party is not needed. In Dispute among defendants having common interest, if the judgment issued against one of the defendants and from the result of that judgment is used to the loss of other defendant, loss of created to the their rights and to delete induced loss, it should be protest to the that judgment. Because issuance of orders doednot loss to the third parties, orders arenot protestable by third party. In case of accepting third allegation, desition of court is to the form of judgment. Since court cannot contraditts main claim in case of order, there isnot possibility of formal objection to the main claim by third protester.This paper is relating to third party's objection.