به آیینی و به سامانی:
درستی - سازش - شادی
نوع مقاله : مقاله پژوهشی
نویسنده
قاضی بازنشسته دیوان عالی کشور
کلیدواژهها
عنوان مقاله English
نویسنده English
Enforcement of monetary judgments may become lengthy due to difficulties in identifying the debtor’s assets, seizure and auction procedures, and challenges raised against enforcement measures. A significant question in Iranian civil enforcement law concerns whether an independent action seeking annulment of a judicial auction may be heard after completion of the auction process and issuance of an order transferring the property. In Decision No. 0027 dated 24 March 2016, the Third Chamber of the Supreme Court upheld the lower court’s judgment dismissing an action challenging enforcement proceedings. Several years later, the General Assembly of the Supreme Court, in Precedent-Setting Decision No. 845 dated 27 February 2024, held that where material violations have occurred during the auction process, Article 143 of the Civil Enforcement of Judgments Act does not preclude an interested person from bringing an action for annulment of the auction and the resulting enforcement deed. This article examines the relationship between these decisions and the tension between two fundamental considerations: effective judicial protection against material irregularities and the need for speed, finality, stability, and legal certainty in enforcement proceedings.
کلیدواژهها English
