Private Law
Yasser Gholami; Meysam Javadi; Mohammad Bagher Moghaddasi
Abstract
The enforcement of verdict is the most important stage of the litigation process in which attempted to execution of the verdict through the introduction and identification of the property of losing party. In this regard, a large part of the Civil Verdicts Enforcement Act and the Execution Method of Financial ...
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The enforcement of verdict is the most important stage of the litigation process in which attempted to execution of the verdict through the introduction and identification of the property of losing party. In this regard, a large part of the Civil Verdicts Enforcement Act and the Execution Method of Financial Convictions Act dedicated to this issue. A look to these laws shows that laws generally recognize customary objective property and stated the manner in which the judgment debt can be executed from there. However, in the last decade, following the development of new technologies, digital currencies have emerged as rivals of real currencies and have gained public acceptance. Although laws on these currencies has not been approved in Iranian legal System so far, but the doctrine and judicial procedure has issued that these currencies is property. In this regard, this question arises if at the time of execution of the verdict, digital currency identified and introduced - as the property of the losing property– does the convict can be executed from these currencies? According to the results of this research, the answer to this question is yes. This study, after mentioning an introduction on the nature of digital currencies, deals with the issue of the ability to identify, seize and sell digital currencies and some of its important sub-categories. Although the relevant laws do not provide for a regulation on these currencies, the implementation of judicial rulings from these currencies will be facilitated by relying on the general principles governing the implementation of rulings and the formulation of transparent rules in the future and training of judges. It will prevent the fragmentation of procedures. This research tries to answer the issues that are raised in the implementation of court rulings from the place of digital currencies in a descriptive-analytical method.
Private Law
Mostafa Elsan; MohammadReza Manouchehri; sajad mazloumi
Abstract
Detention of a convicted person in a civil case is considered an exceptional subject. In the Iranian legal system, it is applied as a last resort for a situation where the convict is not willing to execute the convictions in any way and no property is found from him. The jurists - and following them ...
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Detention of a convicted person in a civil case is considered an exceptional subject. In the Iranian legal system, it is applied as a last resort for a situation where the convict is not willing to execute the convictions in any way and no property is found from him. The jurists - and following them the Iranian legal system - have always been cautious in this regard and the legislator is under different assumptions such as filing a petition for insolvency or finding property of the convict, and denies his/her detention. In this paper, we examine the conditions and challenges to the detention of a convicted person in civil matters and we will discuss the legal and practical problems of the issue. Rare cases in which the possibility of detaining a convicted person is not explicitly stated by law, including arbitral awards, foreign awards, restoration of executive operations and the impossibility of enforcing an objective award, are examined in this article, relying on judicial procedure and practical problems.
Public Law
mohsen dehghan; vali rostami
Abstract
Legal System of government debts recovery from individualsAbstractThe very important component of efficient and comprehensive components in all countries legal systems and due to that in Islamic Republic of Iran legal system is the prediction of effectiveness enforcement in concern to performance of ...
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Legal System of government debts recovery from individualsAbstractThe very important component of efficient and comprehensive components in all countries legal systems and due to that in Islamic Republic of Iran legal system is the prediction of effectiveness enforcement in concern to performance of law which governed by authority jurisdiction. For this purpose the rules that enact in the field of government recovery depts. Has its particular principles and rules, which distinguished it from other common enforcement. While these jurisdictional judgments and quasi- judicial which resulting to individuals debts to government how in enforceable and recoverable then place and validity of discussed rules and other related issues such as obstacles and available solutions for recovery of government debts are subjects that will be discussed in this article. Keywords:” government”,”enforcement of orders”, “debts recovery”,” legal entities of public law”,” ministry and government institutions”.Keywords:” government”,”enforcement of orders”, “debts recovery”,” legal entities of public law”,” ministry and government institutions”.
Seyed Mohammad Mahdi Ghamami; Mahdi Moradi berelian
Abstract
The main purpose of this article is feasibility study of privatizing affairs of judiciary with the aim of increasing judicial efficiency. For this purpose, the separation between types of judicial affairs is necessary. These affairs can be divided into inherent judicial affairs (like Settlement of disputes), ...
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The main purpose of this article is feasibility study of privatizing affairs of judiciary with the aim of increasing judicial efficiency. For this purpose, the separation between types of judicial affairs is necessary. These affairs can be divided into inherent judicial affairs (like Settlement of disputes), administrative affairs related to the judiciary and affairs of organizations affiliated with the judiciary. It seems inherent judicial affairs cannot be transferred to other institutions or private section, but privatizing administrative affairs and affairs of organizations affiliated with the judiciary is possible. Accordingly, we analyze triple separation of judicial affairs mentioned above with look at the constitution of Iran and other related provisions and also status of privatizing judicial affairs in some countries in order to answer to main question of this article.
