Default Judgement

The survey of the legislation developments in relation to trial and default judgement in Iranian law shows the variable aspects. The Iranian legislator, after elapsing many decades from enforcement of the first regulations of the civil procedure as to the default judgement, shall recognize two criteria of real notice to the defendant and the appealability from the default judgement as cases that the judgment is deemed verbally and the protest is impossible. These criteria became invalid after the victory of the Islamic revolution. In 2000, the legislator shall take into consideration the real notice as a case by which the judgement is regarded verbally. In Imamieh religious jurisprudence, despite prescription of hearing by default, the attendance or nonattendance of the defendant is considered as a basis for distinguishing the default or verbal judgement. In the present situation which the over cases are initiated in court of justice and affect the quality of hearing & judgements passed, it is necessary to restore that the appealable default judgements can not be protested. Such development is not inconsistent with the jurists’ standpoint as to the compliance of the protest right of the absent losing party.