An Analysis to the Judgments and Warrants Definite Authority Principle in the Civil Procedure and Judgment Enforcement

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Gholizadeh Manghotai a.

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Journal Paper

Paper Information

Journal: JOURNAL OF JURISPRUDENCE AND ISLAMIC LAW Year:2019 | Volume:10 | Issue:18 Page(s): 173-200

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Information Journal Paper

Title

An Analysis to the Judgments and Warrants Definite Authority Principle in the Civil Procedure and Judgment Enforcement

Author(s)

Gholizadeh Manghotai a. | Issue Writer Certificate

Keywords

The civil judgments and warrants absolute authority principleQ1

the legal establishment of third person’Q1

s objectionQ1

the Civil Judgments Enforcement ActQ1

Civil procedureQ1

Abstract

The present paper analyses the existing legal sources and proves that the civil courts’ judgments and warrants are of absolute rather than relative authority. Usually there is no need for enforcing the court’ s judgments and warrants against the third persons but according to this analysis in case of necessity those judgments and warrants would be principally enforceable against the third persons, too. Few reasons set forth for justifying the inclination to relativity principle, in the courts judgments and warrants are imperfect and cannot prove that standard, whereas deeming the judgments and warrants principally of absolute authority not only is a necessary principle in application of the Civil procedure and judgment enforcement but also there are rigid reasons showing its acceptance by the Legislature. The legal establishment of third persons objection is another side of the judgments and warrants absolute authority principle; however, this establishment is not the only reason for the presence of that principle. Many other reasons including those outlined in Articles 44 and 146 of the Civil Judgments Enforcement Act prove this principle.

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APA: Copy

Gholizadeh Manghotai, a.. (2019). An Analysis to the Judgments and Warrants Definite Authority Principle in the Civil Procedure and Judgment Enforcement. JOURNAL OF JURISPRUDENCE AND ISLAMIC LAW, 10(18 ), 173-200. SID. https://sid.ir/paper/207124/en

Vancouver: Copy

Gholizadeh Manghotai a.. An Analysis to the Judgments and Warrants Definite Authority Principle in the Civil Procedure and Judgment Enforcement. JOURNAL OF JURISPRUDENCE AND ISLAMIC LAW[Internet]. 2019;10(18 ):173-200. Available from: https://sid.ir/paper/207124/en

IEEE: Copy

a. Gholizadeh Manghotai, “An Analysis to the Judgments and Warrants Definite Authority Principle in the Civil Procedure and Judgment Enforcement,” JOURNAL OF JURISPRUDENCE AND ISLAMIC LAW, vol. 10, no. 18 , pp. 173–200, 2019, [Online]. Available: https://sid.ir/paper/207124/en

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