خلاصة:
The Code of Civil Procedure does not specify whether a verdict challenged by a third party is final or whether a non-final verdict can be challenged by a third party. In this regard, different and reciprocal views and analyzes are presented. The statement of Article 422 of the Code of Civil Procedure regarding the objection of a third party, before the execution of the sentence and after it, is vague and debatable and has several problems. Examining the issue shows that considering various aspects, it is preferable not to consider the non-final verdict as objectionable to a third party and to consider the third party objection as specific to the final judgment. Article 422 of the Code of Civil Procedure should also be taken to mean that if a long period of time has elapsed since the execution of the sentence, in such a way as to indicate that the third party, if he had a right, waived it, after that, the third party objection will not be accepted unless it proves otherwise.
ملخص الجهاز:
Conclusion From what has passed in this article, it can be concluded that although the status of the legal articles related to third-party objections is such that it has led to different and opposing views regarding the finality of the verdict contested by the third party and the possibility or impossibility of a third-party objection to a non-final verdict, and reciprocal analyses and arguments have been presented and can be raised in this regard, but ultimately, due to the questions, flaws, and problems that the acceptance of a third-party objection to a non-final verdict the objection, be conducted, and if the result of that proceeding was the proof of the non-forfeiture of the right underlying the objection, then the third-party objection would proceed.
The role of the execution of judgment in Article 422 of the Civil Procedure Law can be analyzed as follows: as previously mentioned, the basis for not restricting third-party objection to a specific deadline has been stated as the non-notification of the judgment to the third party and their lack of knowledge; however, the stage of executing the judgment has this characteristic that it is often accompanied by events that take place in public view and thus cause general knowledge among individuals.
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