About Some Innovations of Patrimonial Condemnation Enforcement Procedure Act

• Main Author: hassan mohseni
• Format: Article
• Language: fas
• Published: Allameh Tabataba'i University Press 2016-07-01
• Series: Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī
• Subjects: property research; imprisonment; procedure of insolvency; the motivation; scope and transitional law
• Online Access: http://jplr.atu.ac.ir/article_4458_8596089d9b53d13116a870a331ede1a6.pdf

Patrimonial Condemnation Enforcement Procedure Act, undoubtedly is one of most important positive laws that since Constitution Revolution, was under consideration of legislator, justice, parties and lawyers. During times and today’s needs and development of peoples relation in society have necessitate the revision to Patrimonial Condemnation Enforcement Procedure Act. A work that have been done and resulted in 2015. Legislator in accordance of effective enforcement have endeavored to take useful reformations in our former act and it seems that he was successful in many this work. Therefore, novelty of many institutions and notions besides of insufficiency and ambiguity of many articles of this act have causes difficulties for judges, parties and lawyers in interpretation and comprehension of its rules. Many question posed in this article about property research and principle of observing the law in that research, imprisonment of debtor, procedure of insolvency, insolvency of moral identity, default in insolvency, the motivation of transferring the property for non-paying the debt, scope and transitional law. In a general evaluation, we can say that new act is an acceptable act and have observed many requirements of effective enforcement.