Associate Professor of Law Faculty of Shahid Beheshti University
10.22034/judg.2026.2073751.1609
Abstract
The most important and desired outcome for the prevailing party from the lawsuit and the proceedings is the issuance and, more importantly, the enforcement of the final judgment. For this reason, the legislator, by passing a special Act for the enforcement of civil judgments, has stipulated the principles and procedures for enforcement and has specified in numerous articles (including Article 24 of this Act) the continuation of enforcement operations and the prohibition of stopping or delaying their implementation, except in exceptional cases specified by law.
One of the assumptions that arises in the enforcement of a final judgment is that the judgment is related to the return of the property to the prevailing party and that at the time of the court's request, the property "is in the possession of someone other than the convicted person"; In such an assumption, which itself can have different instances, numerous questions and challenges arise in terms of enforcement operations (field of enforcement). Among them, what does third-party possession mean? Is the property limited to immovable property or does it also include movable property?
Elsan,M. (2026). Criticism of Article 44 of the Civil Enforcement Act from the Perspective of a Third Party Possessor. (e735356). Judgment, (), e735356 doi: 10.22034/judg.2026.2073751.1609
MLA
Elsan,M. . "Criticism of Article 44 of the Civil Enforcement Act from the Perspective of a Third Party Possessor" .e735356 , Judgment, , , 2026, e735356. doi: 10.22034/judg.2026.2073751.1609
HARVARD
Elsan M. (2026). 'Criticism of Article 44 of the Civil Enforcement Act from the Perspective of a Third Party Possessor', Judgment, (), e735356. doi: 10.22034/judg.2026.2073751.1609
CHICAGO
M. Elsan, "Criticism of Article 44 of the Civil Enforcement Act from the Perspective of a Third Party Possessor," Judgment, (2026): e735356, doi: 10.22034/judg.2026.2073751.1609
VANCOUVER
Elsan M. Criticism of Article 44 of the Civil Enforcement Act from the Perspective of a Third Party Possessor. Judgment, 2026; (): e735356. doi: 10.22034/judg.2026.2073751.1609