Executive equity in curbing the voracity of the judgement creditor and balancing the power of the civil judgement execution’s agents

Mousavi, Seyyed Abbas

Executive equity in curbing the voracity of the judgement creditor and balancing the power of the civil judgement execution’s agents

Document Type : Original Article

Author

Seyyed Abbas Mousavi

PhD in Private Law, Retired Judge of Supreme Court Attorney at Law

Abstract

The essence of the procedural executions were devised as to seem separate flexibility and company of judgement debtor. Whether in this procedure, they are causative for extra expenses and new headaches for the judgment creditor and judiciary with revolutionary treatment and defiance to the judgement. Such an attitude has caused the procedure of the judgment executions has adopted savage and harsh nature to the judgement debtor and event in some cases the creativity in arrangement the affairs of the executions is assigned to the judgement creditor. However, the reality demonstrates the concern of all the legal systems in relation to the rights and the privacy of the judgement debtor. It is true that the judgement creditor has reached this target by passing a tough and costly passage and. It is false that the exaggeration in this passage amount to violation the privacy of ethics and some immunities.

The execution the civil judgements is of the sequence of important principles. These principles assure the exact execution of the judgment and accelerates achieving the result. However, this important principle which marginalizes these principles and curbs the risk of divergence and illegitimate violence is executive equity.

Keywords

judgement

enforcement

ethics

moral

Subjects