Critical Rereading of the decision No. 845 of the General Board of the Supreme Court (The possibility of annulling the auction and executive operations after the acquisition and issuance of the official transfer document)

Sedghi, Gholam Ali

Critical Rereading of the decision No. 845 of the General Board of the Supreme Court (The possibility of annulling the auction and executive operations after the acquisition and issuance of the official transfer document)

Document Type : Original Article

Author

Gholam Ali Sedghi

Retired Judge Supreme Court

Abstract

The stage of execution of judgments is the most sensitive stage of the trial and realization of rights. Therefore, delay, suspension or withdrawal is not permissible. The mission of the judiciary in the chapter of hostility and realization of rights is completed only when the judgment is properly executed and the validity of the executive measures and regulatory documents is guaranteed. Therefore, in addition to the deadlines set for the convicted person who refuses to execute the judgment and interested persons in the capacity of objecting to the manner of execution of the judgment in various articles of the Civil Execution Law, another opportunity, unlimited in scope, should not be given to annul the execution and withdrawal in all executive measures of the judiciary. Obviously, the unanimous decision No. 845 dated 8/12/1402 of the General Board of the Supreme Court has not only nullified all deadlines related to objections to the quality of execution of civil judgments, but has also brought severe insecurity to the buyers of property subject to judicial auctions.

Keywords

Execution

Auction

Cancellation of Auction

Subjects