Objection to an absentee judgment, in the law of the amended code of civil procedure مقاله

خلاصه ماشینی:

Based on the well-known rule of "Al-Gha'ib 'ala hujjatihi" (the absent person is bound by his evidence)1, legislators have tried to protect the right of defense for those who have not been informed of the proceedings or have been unable to participate in them for some reason, by establishing the method of objecting to default judgments. The number of default judgments issued and the review of objections to them, considering the bad faith of many litigants (especially defendants), created many practical problems, the most important of which was the prolongation of proceedings in the courts. they would obtain a default judgment and use the stage of objecting to the default judgment; an objection that, according to Articles 471 and 571 enacted in 1313 and amended in 1331, had no time limit except in cases of actual notification of the default judgment and gave the absent defendant the right to use it even after the issuance of the enforcement order and the completion of enforcement operations, and by submitting an appeal (whenever they wished) and obtaining an order accepting the objection - which the courts were obliged to issue with regard to the default nature of the judgment and the lack of actual notification to the defendant - to render the default judgment and enforcement operations as if they had never happened. With regard to what has been said, there was no way to end the current situation and block the path of prolonging the proceedings except to limit the cases of issuing default judgments and, as far as the rights of absent and good-faith persons are preserved, to block the path of appeal.