The Jurisprudential-Legal Analysis of Speeding up in the Execution of a Civil Judgment with Emphasizing on the Provisional Execution

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

Entezari Amir; Maghsoudpour Rsool; Hoseini Poya Sayyed Mohsen; Taji Ahmad

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: CIVIL JURISPRUDENCE DOCTRINES Year:2022 | Volume:13 | Issue:24 Page(s): 23-50

Download Full-Text

Persian Verion

View:

508

Download:

Cites:

Information Journal Paper

Title

The Jurisprudential-Legal Analysis of Speeding up in the Execution of a Civil Judgment with Emphasizing on the Provisional Execution

Author(s)

Entezari Amir | Maghsoudpour Rsool | Hoseini Poya Sayyed Mohsen | Taji Ahmad | Issue Writer Certificate

Keywords

The provisional executionQ1

The final (absolute) executionQ1

Speeding up in procedureQ1

Urgent procedureQ2

Abstract

Ahmad Taji (Assistant professor at Islamic Azad University of Neyshā bū r) It should be stated that the enforcement of the order is the ultimate goal of the process of procedure but the governing rules state that the condition for enforcing judgment is the certainty of the decision or verdict and it has not been considered a system for The provisional execution in the statutory law or statute law except in specific cases. While this institute previously in the article 191 of the civil procedural law enacted 25/06/1318 and based on the origination of this law which is adopted from the law of France had been permitted by the legislature. In this paper with analytic-descriptive method, firstly speeding up in the execution of judgments has been pronounced then according to its importance, The provisional execution has been surveyed. It is going to prove that The provisional execution of judgment has been an appropriate strategy to vindicate (demonstrate) and speeding up in judicial proceedings has an Islamic jurisprudential record and there are hadiths in fiqh that indicate speeding up and not putting off in the stage of adjudication that it can be with the unity criterion a proof for the legality of The provisional execution in cases that the irrevocable damage is imagined while it is basically in fiqh, the adjudication is made within one step and the verdicts (decisions) are final (absolute) and with studying instances of The provisional execution in the present law, it is answered to this question that with induction in instances it is impossible to achieve to a common principle and an adopted (extracted) judgment. Therefore, the omission of the institution of The provisional execution of judgment from the code of civil procedure is an effective fault and there is necessary the legislature (law maker) to legislate it again.

Cites

No record.

References

No record.

Cite

APA: Copy

Entezari, Amir, Maghsoudpour, Rsool, Hoseini Poya, Sayyed Mohsen, & Taji, Ahmad. (2022). The Jurisprudential-Legal Analysis of Speeding up in the Execution of a Civil Judgment with Emphasizing on the Provisional Execution. CIVIL JURISPRUDENCE DOCTRINES, 13(24 ), 23-50. SID. https://sid.ir/paper/391345/en

Vancouver: Copy

Entezari Amir, Maghsoudpour Rsool, Hoseini Poya Sayyed Mohsen, Taji Ahmad. The Jurisprudential-Legal Analysis of Speeding up in the Execution of a Civil Judgment with Emphasizing on the Provisional Execution. CIVIL JURISPRUDENCE DOCTRINES[Internet]. 2022;13(24 ):23-50. Available from: https://sid.ir/paper/391345/en

IEEE: Copy

Amir Entezari, Rsool Maghsoudpour, Sayyed Mohsen Hoseini Poya, and Ahmad Taji, “The Jurisprudential-Legal Analysis of Speeding up in the Execution of a Civil Judgment with Emphasizing on the Provisional Execution,” CIVIL JURISPRUDENCE DOCTRINES, vol. 13, no. 24 , pp. 23–50, 2022, [Online]. Available: https://sid.ir/paper/391345/en

Related Journal Papers

No record.

Related Seminar Papers

No record.

Related Plans

No record.

Recommended Workshops