Study of dispossession lawsuit about joint property Based on the resolution of Judicial ambiguities

Articles in Press

Document Type : Original Article

Authors

1 Department of Private Law, Faculty of Law, Damghan Branch, Islamic Azad University, Damghan, Iran.

2 Assistant Professor, Department of Private Law, Faculty of Law, Damghan Branch, Islamic Azad University, Damghan, Iran.

3 Assistant Professor, Department of private Law, Faculty of Law. Islamic Azad university. shahrood branch ,shahrood. Iran

10.48300/jlr.2023.388903.2305

Abstract

One of the involved issues in precedent for Deficiency of the rules is dispossession lawsuit aboat Joint property. This lawsuit is subject to Special rules as such recognition and Solving Its ambiguities realizes Justly trial. So we started writing this article and The consequence was that in Judicial process; Judges do not have certain criterion for cognizance the ownership of the claimant and recognition the defendant in this lawsuit; Also, at the time of death or disability or change of one of the claimants or multiple defendants, they are confused; And in the stage of enforcement of judgments, these ambiguities were more be revealed So that How to deliver and manage the joint property and determine the standing property have serious ambiguity. In order to resolve these ambiguities;we hang on Article 43 of the Civil judgments enforcement Act and General Assembly of the Supreme Court vote No. 672 and Its defects were solved with Acceptance of two principles " The result of the dispossession lawsuit aboat Joint property transmits to all owners" and " Resolving disputes between partners depends on permission".

Keywords

Journal of Legal Research

Articles in Press, Accepted Manuscript
Available Online from 06 June 2023

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