JUDICAL SET OFF

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Yahyapour Jamshid; MOHAMMADZADEH ALI

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Journal Paper

Paper Information

Journal: Legal Research Year:2020 | Volume:23 | Issue:90 Page(s): 407-430

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Information Journal Paper

Title

JUDICAL SET OFF

Author(s)

Yahyapour Jamshid | MOHAMMADZADEH ALI | Issue Writer Certificate

Keywords

set offQ1

judicial set offQ1

discharge of obligationQ1

shifting the burden of proofQ1

Abstract

The set off is one way for discharge of obligations and has different kinds. One kind is called judicial set off, Because is announced by court and that is regulated in 18 & 142 articles of civil procedural law. despite these articles, in practice, there are many differences among lawyers about judicial set off. Some believe that these articles are applicable to absolute set off, so there is no need to submit a separate petition for claim it and in contrast, some lawyers without giving special criterion believe that some kinds of set off needs claiming by petition and the others don’ t. It seems that, claiming set off is a kind of complicated confession and leads to shifting the burden of proof, so, claiming set off as a defense doesn’ t require submit a petition and is considered as a pure defense that court is obliged to hearing it. Keywords: set off-judicial set off-discharge of obligation-shifting the burden of proof.

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APA: Copy

Yahyapour, Jamshid, & MOHAMMADZADEH, ALI. (2020). JUDICAL SET OFF. REVUE DE RECHERCHE JURIDIQUE, 23(90 ), 407-430. SID. https://sid.ir/paper/379407/en

Vancouver: Copy

Yahyapour Jamshid, MOHAMMADZADEH ALI. JUDICAL SET OFF. REVUE DE RECHERCHE JURIDIQUE[Internet]. 2020;23(90 ):407-430. Available from: https://sid.ir/paper/379407/en

IEEE: Copy

Jamshid Yahyapour, and ALI MOHAMMADZADEH, “JUDICAL SET OFF,” REVUE DE RECHERCHE JURIDIQUE, vol. 23, no. 90 , pp. 407–430, 2020, [Online]. Available: https://sid.ir/paper/379407/en

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