Document Type : Technical-Scientific
Authors
1
Assistant Professor at Law Faculty and Human Sciences of Shiraz Branch of Islamic Azad University
2
Ph.D Student of Private Law at Shiraz Branch of Islamic Azad University
Abstract
The aim of issuing court judgement is its enforcement in the shortest time possible, therefore, when enforcement process of a court judgement or an enforceable official instrument initiated, in principle, such enforcement must continue unless in cases which the law expressly permits suspension, cancelation or postponement of enforcement. Such suspension, cancellation or postponement of enforcement of each judgement or instrument, depending on its subject, may be related to different authorities including public and revolutionary courts, quasi-judicial or administrative authorities and also foreign judgements or arbitrations. The situations which enforcement may be suspended include death or incapacity of losing party, third party claim for the loss of confiscated property without negligence, lapse of five years from the issuance of a judgment, collection of object of judgement by winning party or his written consent for the closure, suspension, postponement, or termination of the execution, third party complaint about the property seized at the time of execution or third party complaint of judgement itself, appeal, retrial, request of suspension by general prosecutor under lawful conditions, provision of final judgement with prior date or subsequent date, and provision of official instrument with prior date about seized property. This paper clarifies the concepts of enforcement/execution proceedings itself and also termination, suspension, cancellation, and postponement of execution proceedings of civil judgements. Furtheremore, numerous laws according to which the decisions of domestic or foreign courts or international arbitration tribunals may be suspended are extracted and reviewed for the sake of resolving ambiguities and provision of practical solutions for preventing the impairement of parties rights and third parties rights and also expedition of realization of such rights.
Keywords
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