Execution of Civil Judgments in Iran
Manners of execution of the civil judgments in Iran is based on the Law on the Execution of the Civil Judgments. There are also other rules and regulations which address the execution matters with an admirable accuracy.
Legal Framework for Execution of Civil Judgments in Iran
Legal Framework for Execution of Civil Judgments in Iran is based on the “Law on the Execution of the Civil Judgments” and the “Law on the Manners of Execution of the Financial Convictions”. These two laws constitute a general legal framework for executing civil judgments and have to be read together.
There are some other relevant acts which deal with relating issues like the Act of Prohibition on the Confiscation of the Municipal Property and the Act of Manners of the Payment of the Government Financial Convictions. There are also a range of indications for special paradigms, like some of the rules in the regulation of the execution of the enforceable official documents. Here we just approach the matter generally, based on the two main laws mentioned earlier.
Start your Journey by an Order of Execution
The execution process begins with the judicial “order of execution”, which the prevailing party has to seek in the competent court for execution matters. Soon we address this question in the paragraphs below. Then, the supposition is that the parties will come up with an agreed plan as to execute the judgment (article 40 of the Law on the Execution of the Civil Judgments).
has the losing party failed to go with the plan, then the execution officers are called to cross swords with him/her, according to a step-by-step course of actions prescribed by the law (article 41). For example, execution officers are not supposed to sally forth alongside police forces, but only in the case of emergency, they can use them (article 14).
Preconditions for Executing a Civil Judgment
The first condition is that the judgment must have been finalized (article 1). that doesn’t mean the judgment must have been irreversible, for a judgment might be finalized whereas it would be still possible to go through retrial process (article 39).
Interim Orders
Here, we are talking about judgments, but it’s noteworthy that interim orders are also executable by the same law (article 1).
Requests and Notices
The second condition is that the losing party must have been served and be noticed of the judgment. (article 2). The same article states that the execution process only may get started upon the request of the winning party.
The reason behind this rule is that the execution process is supposed to be carried out by the voluntary steps and common understanding between parties, and there is a number of articles throughout the law reflecting this policy (articles 40, 46, 73, 74, 76, 78, 79, 112). As you can see, even after the beginning of the process, parties’ agreements remains relevant.
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