Private Law Research

Examining the Possibility of Applying the Validity of Res Judicata to Interlocutory Judgments Terminating the Action

Articles in Press

Document Type : Research Paper

Authors

mehdi hadi 1
Hosein Davoodi 2
Elham Afsharnia 3

1 Doctoral student of Private Law, Faculty of Law and Political Science, University of Tehran

2 Assistant Professor, Faculty of Law and Political Science, Kharazmi University

3 PhD Candidate in Private Law, Kharazmi University

10.22054/jplr.2026.93708.3019
Abstract
. In cases where proceedings begin as a result of requests such as enforcement of arbitral award or retrial, res judicata applies. Extending the scope of this rule to final orders not only does not conflict with its theoretical foundations, but is also a necessity for public order and preventing prolongation of proceedings. Based on both the theory of governmental will and the presumption of correctness of decisions, final orders are subject to this rule, because issuing any judicial decision requires entering into the merits of the matter. Therefore, the contrary implication of Clause 6 of Article 84 cannot be the basis for excluding orders. The order dismissing a lawsuit based on irremediable objections has res judicata, but the order of dismissal due to lapse of time, because of lack of subject matter, does not have substantive preclusive effect. The order rejecting a petition for retrial and the order rejecting enforcement of arbitral award in substantive supervision have such authority. Finally, revising the traditional approach and amending Article 84 by substituting final ruling for final judgment is necessary.

Keywords

Keywords: Res judicata
Final Order
Request
Request for Enforcement of Arbitral Award
Order Dismissing a Lawsuit
Subjects
Private Law Research

Articles in Press, Accepted Manuscript
Available Online from 24 October 2026

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