INVESTIGATION ON THE CASES EXEMPTED FROM FINANCIAL DEPOSITION FOR THE ISSUANCE OF GARNISHMENT

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KHALEGHIAN JAVAD

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Journal: JOURNAL OF PRIVATE LAW Year:2013 | Volume:1 | Issue:1 Page(s): 41-58

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Title

INVESTIGATION ON THE CASES EXEMPTED FROM FINANCIAL DEPOSITION FOR THE ISSUANCE OF GARNISHMENT

Author(s)

KHALEGHIAN JAVAD | Issue Writer Certificate

Keywords

CIVIL PROCEDUREQ1

PROVISION FOR GARNISHMENTQ2

PROVISION FOR POSSIBLE DAMAGESQ2

OFFICIAL DOCUMENTQ1

TRADE DOCUMENTQ2

DRAFTQ2

PROMISSORY NOTEQ2

CHEQUEQ2

Abstract

Issuing the appointment provision is bound to the provision of the potential damage. This law, however, has some exceptions. According to the article no.108 of the law of public and Islamic Revolution Courts in civil affairs (enacted 2000) the plaintiff requiring the provision is exempted from depositing in the following three conditions: a) when the action is officially documented, b) the supplied is exposed to worth or imprisonment, and c) in cases like protested TRADE DOCUMENT for which the court is supposed to accept the request for provision. In the mentioned cases, there is no need for depositing for the provision of possible damages, due to the originality of the official and business documents and because of the high possibility that the deed is beneficial to the plaintiff in the mentioned actions. In official actions which are bindingly or not bindingly documented according to the official notary, those which are documented according to the court terms, in reforming reports or documents constructed by the notary or consulate officials, and when foreign official deeds documented as official or regular documents, the plaintiff is exempted from depositing for the supply of possible damages. In the second case the plaintiff has to prove being exposed to law imprisonment, although its proof might contradict the emergency of ssuance of provision. In the terminal case if the action for inquiring the money is documented to a protested DRAFT or a PROMISSORY NOTE, or a CHEQUE leading to the issuance of the certificate for not paying it in the determined period, or beyond the period, the plaintiff is exempted from depositing for the possible damages.

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APA: Copy

KHALEGHIAN, JAVAD. (2013). INVESTIGATION ON THE CASES EXEMPTED FROM FINANCIAL DEPOSITION FOR THE ISSUANCE OF GARNISHMENT. JOURNAL OF PRIVATE LAW, 1(1), 41-58. SID. https://sid.ir/paper/246937/en

Vancouver: Copy

KHALEGHIAN JAVAD. INVESTIGATION ON THE CASES EXEMPTED FROM FINANCIAL DEPOSITION FOR THE ISSUANCE OF GARNISHMENT. JOURNAL OF PRIVATE LAW[Internet]. 2013;1(1):41-58. Available from: https://sid.ir/paper/246937/en

IEEE: Copy

JAVAD KHALEGHIAN, “INVESTIGATION ON THE CASES EXEMPTED FROM FINANCIAL DEPOSITION FOR THE ISSUANCE OF GARNISHMENT,” JOURNAL OF PRIVATE LAW, vol. 1, no. 1, pp. 41–58, 2013, [Online]. Available: https://sid.ir/paper/246937/en

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