Private Law
Rasoul Ahmadi Far
Abstract
Ability to execute a court judgment is one of the most neglected criteria in Iranian legal sources as a necessary condition for issuing a judgment. The purpose of this study is to analyze the importance of this criterion.In this research, the court judgment has been defined and identified and the criteria ...
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Ability to execute a court judgment is one of the most neglected criteria in Iranian legal sources as a necessary condition for issuing a judgment. The purpose of this study is to analyze the importance of this criterion.In this research, the court judgment has been defined and identified and the criteria for its issuance and implementation have been reviewed.Then, the criterion of enforceability was considered as one of the necessary criteria for issuing a court judgment. According to the results of this research, the ability to execute is one of the necessary conditions for issuing a judgment, and the court must pay attention to the fact that the issued judgment can be executed according to the legal conditions at the time of issuance.Refuse to issue such a judgment in an audio where it is not possible to execute it.Key words: Ineffective sentence, court order, sentence enforcement, enforceability, sentence, court order, vote, court ruling
Private Law
Mahdi Hasanzadeh
Abstract
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 ...
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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.
Criminal Law
Sayyed Hosein Ale Taha; Hosein Aghaei; aref bashiri
Abstract
There are fundamental questions and obvious differences between the jurists regarding the guarantee or non-guarantee against the death of the convict and the additional punishment imposed on her during the issuance or execution of the sentence: Well-known jurists have considered the loss of one's blood ...
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There are fundamental questions and obvious differences between the jurists regarding the guarantee or non-guarantee against the death of the convict and the additional punishment imposed on her during the issuance or execution of the sentence: Well-known jurists have considered the loss of one's blood to be based on the rule that "No Blood Money for the One Killed Due to Legal Punishment". Some jurists also citing some religious generalities, have believed to Lack of guarantees pent to Lack of extremes in Punishment and a few jurists, such as Sheikh Mufid, have distinguished between the rights of God and the rights of the people. This difference of opinion among scholars has also been transferred to the Islamic Penal Code, and there are contradictions in some legal articles that need to be examined. This article critiques each point of view in a descriptive-analytical way, along with their documentation and analysis of legal materials. The author's chosen opinion in substantiation of Guarantee for Punishment leading to the deprivation of life wherein permeate of wounds is not Arising from negligence. This claim is based on the priority of the evidence of the sanctity of the Muslim person's blood over other evidence, the generalities of the murder, and also agrees with the scholarly view of Khansari in one of her possibilities and It explicitly complies with Article 13 of the Islamic Penal Code and Note 185 of the Islamic Penal Code. According to the law, if deprive of life arising from Punishment is after warning of Judge enforcing the penalty, It removes the guarantee from him.
