عنوان مقاله [English]
One of the obvious advantages of retrials is the guarantee of judicial justice, and as a way of challenging judicial decisions, it seeks to administer justice and a way to return to the same court that tried it in order to deviate from the judgment that the court previously issued on the matter. . In other words, retrial is an extraordinary and reciprocal procedure for the litigants against the verdicts that have been valid. The resumption of the trial is also envisaged in the law of Iran and France as one of the extraordinary ways to challenge the rulings of the courts, which, due to its exceptional nature, can be applied only in special cases. In French law, according to Article 593 of the Code of Civil Procedure, the purpose of retrial is to deviate from a valid verdict in order to issue a new verdict in both the case and the verdict, and this only by the parties or persons in the verdict. Have been represented and can be requested and the applicant for retrial must have all the parties to the requested vote take part in the dispute or it will not be admissible. In addition, the issue of retrial in order to pay attention to the verdicts and pay attention to the evidence and content of the case in the courts of justice has resulted in the rights of victims and ultimately justice, and the right to a fair trial requires that the direction of retrial be.