Legal Analysis of the Moment of Consideration of Exceptions from Enforcement of Judgments (with a Glimpse to Common Law)

Document Type : Academicm and Research

Author

Department of Law, University of Isfahan

Abstract

The moment of considering the exceptions from enforcement of judgments is a matter neglected in legal analysis by experts. For example, it seems that before the payment of debt, a debtor or bankrupt cannot after the said moment be allowed to buy an immoveable property if he does not have it or if such a property is inherited to him make it his dwelling place. This moment is essential in the application of the Civil Judgments Enforcement Act, the Manner of Execution of Financial Convictions Act, as well in application of the Bankruptcy Regulations of the Commercial Act, and the Bankruptcy Affairs Liquidation Office Act. The determination and consideration of this moment eliminates many legal ambiguities. Obviously, such a moment does not apply to legal persons, and natural persons who have died. Therefore, determining this moment is effective in distinguishing the instances of exceptions from enforcement of judgments. Undoubtedly, this matter relates as well to priority rights and insolvency from payment of Judgment debt. As a result, by analyzing how the moment of consideration of exceptions from enforcement of judgments is effective whether the debt is due or in installments, some points are discovered about the potential of deserving the exceptions from enforcement of judgments, the division of the exceptions from enforcement of judgments into the current and constant, and indebting oneself to acquire the exceptions from enforcement of judgments.

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Comparative Studies on Islamic and Western Law

Articles in Press, Accepted Manuscript
Available Online from 11 June 2025

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