عنوان مقاله [English]
When a person dies and leaves registrated heritage, final owners of heritage may intend to sale heritage because of practical problems of parcenary in ownership. Evidently, if sale of foregoing heritage is not peacefully feasable, claim to sale heritage will appear. Trial of claim to sale heritage is sometimes in contrast with the rules of trial and adherent to exceptional provisions. Hence, The claim to sale, which is propounded in the courts, will be heared only after propounding the claim to partite in documents and estates registration office and emissioning the certification of non-partition. The request of claim must be passing sentence in an exceptional mode and subsequently, the court determines to sale in an exceptional format. determining to sale in an exceptional format has effects. First, determination to sale is not subject to the functus officio and judgment of the judge rules. Second, although it is not possible to protest to determination to sale through ordinary and extraordinary ways established in civil procedure code, interested individuals can lawsuit for revocation of the determination to sale. Third, determination to sale is always contradictory.