Journal of Legal Research

Journal of Legal Research

Examining Housing Conditions Subject to Religious Exceptions Based on the Laws and the Procedure of Branches of Enforcement of Civil Judgments

Document Type : Original Article

Authors
Rasoul Ahmadi Far 1
Hamid Reza Bolhasani 2
1 Assistant Professor, Department of Law, Faculty of Literature and Humanities, Malayer University, Malayer, Iran.
2 Lecturer, Borujerd, Iran; Judge.
10.48300/jlr.2023.377696.2243
Abstract
At the stage of enforcing the auto-da-fe, it is a principle that all debtors' property can be recovered. This general rule is an exception, and in the case of the execution of a verdict, its subject cannot be waived from the exceptions of property. Among the property subject to the exceptions is the residential house of the debtor. A residential home subject to this exception must meet the following conditions: Residence able, in the dignity of debtor, it was not prepared for the purpose of not paying the debt in order to escape from the debt, not directly introduced by the debtor, In addition, the debt must be incapacitated. If there is any doubt about the existence of any of the above-mentioned conditions, it is necessary to refer to the principle of the convict's ability to resign from the entire debtor's property and realize the right by seizing and selling it. Of course, in this regard, the situation of the creditor should be considered as much as possible.
Keywords
Exceptions to Debt
Housing
Dignity of the Condemned
Confiscation and Sale
Execution of the Court Order
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Journal of Legal Research
Volume 23, Issue 60
Autumn 2024
Pages 207-232