Critical Evaluation of Article 24 of the Law on Execution of Financial Convictions

Document Type : Original Article

Authors

1 Faculty of Theology, Allameh , Tabatabai University, Tehran, Iran

2 Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology, Allameh Tabatabaei University, Tehran, Iran

Abstract

In this legal article, 7 cases of religious exceptions have been specified and the legislator has listed them as non-seizable and non-saleable. Determining the exceptions of religion by its examples due to the lack of revised criteria will create a lot of credibility doubts. Ambiguity in the area of the criterion of exception in this article has caused judges and litigants to not be able to accurately and correctly interpret its provisions. This research criticizes this article with a descriptive and analytical method, with a problem-solving approach, and by examining the sources, it examines the criteria and possible exceptions to the mentioned cases, and tries to provide a comprehensive definition for better recognition of religious exceptions by the judicial authorities. Presenting a new solution to identify the customary dignity of insolvents from payment of the judgment by quantitative variables and by proving the substantive difference and the need to distinguish between the issue of forfeiture of legal fees and the jurisprudential term of forfeiture, the non-arrangement of the Shariah effects on the insolvent from the payment of the judgment and the insolvent from the payment of court fees The judicial and non-judicial nature of this category of lawsuits has been investigated and some effects of its legal approval, such as solving the problem of delaying the proceedings of cases related to the deduction of litigation costs in the courts, have been evaluated due to the high volume of these lawsuits.

Keywords

Main Subjects

Civil Jurisprudence Doctrines

Articles in Press, Accepted Manuscript
Available Online from 21 July 2024

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