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
Abdollah khodabakhshi
Abstract
The purpose of the proceeding and the issuance of judgment is the determination of the legal solution and it's performance between the parties. However sometimes for various reasons, there is no way to perform the judgment. This means that the enforcement of the judgment may be in conflict with the rights ...
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The purpose of the proceeding and the issuance of judgment is the determination of the legal solution and it's performance between the parties. However sometimes for various reasons, there is no way to perform the judgment. This means that the enforcement of the judgment may be in conflict with the rights of third parties or its subject may be changed or administrative obstacles cause to cease the execution of it. In some cases, the enforcement of judgment also needs to preconditions that it can't be established and implemented without the independent proceeding and with respect to the right of defense. In fact, the principles of due process for example the hearing parties statement, giving the opportunity to defense and the complaint against the court decision must be followed also in the enforcement stage and Hence, sometimes it must be stopped the enforcement of judgment. These cases have not a certain criteria in jurisprudence. One of the its reasons is the lack of supervision of excellent authorities over the executive orders because most decisions in the implementation stage are through administrative orders and the beneficiary can't complain about them. Due to defect in the legal literature (doctrine) and fitful jurisprudence, the effects of unenforceability of judgment exactly are not clear. In fact, the main question is, can it be possible to enforce a definitive judgment? And if the answer is positive, what is the criterion of it? It seems there are exceptions in judicial review to failure for implementing of definitive judgments and seems the most important criterion can be seen in practical problems and changing the subject of judgment. Hence in the present article, these issues will be considered.