ندا سلیمانی

Abstract:

The first and most condemned solution to the conflict and dispute between the parties is to resort to the method of peace and compromise, whether inside the court or outside the court. Because, the parties to the dispute are more and better aware of the essence of the issue and the dispute and their rights, and they can bring it to an end in a fair manner and in accordance with fairness. For this reason, the realization of peace and compromise, whether in the form of a compromise or in the form of a stet processus , is the most recommended way to end the lawsuit. But sometimes, under certain circumstances, for special reasons, the compromise reached may be contrary to the rights of the parties or third parties. In this case, what are the methods of protesting and canceling the agreement and stet processus ? Regarding the agreement, the duty is clear; Due to its contractual nature, it is possible to request cancellation of the agreement. But in the case of the amendment report, the matter is complicated, due to the existing differences of opinion regarding the nature and directions of the difference and commonality of the amendment report with the judgments of the judicial courts, the method of overturning and objecting to it is in an aura of ambiguity. The results and findings of the research confirm this fact that some people, relying on the contractual nature of the stet processus , consider it to be voidable. However, filing a lawsuit to annul and cancel the stet processu   has some drawbacks, the most important of which, according to the research results, are: wasting time and money, overturning the decision of the Supreme Court by the Supreme Court, and not respecting the principle of remaining the right to protest for third parties. In addition, according to Article ۲۵ of the Law of the Dispute Resolution Council approved in ۱۴۰۲, the new approach of the legislator is to decide whether the amendment report is substantive and objectionable by using some normal and extraordinary complaint methods. In this research, by carefully examining the nature of the stet processu   and its differences and similarities with judicial opinions and using the descriptive and analytical method, an attempt is made to find the methods of complaining about the stet processu   issued by judicial courts and non-judicial authorities with an emphasis on judicial procedure.