Private Law
Majid Azizyani
Abstract
Proof of ownership litigation in the various stages of property registration, there are rules about how to register such property, which must be taken into account, especially in real estate, which is subject to legal requirements and formalities and such a request cannot be accepted absolutely in all ...
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Proof of ownership litigation in the various stages of property registration, there are rules about how to register such property, which must be taken into account, especially in real estate, which is subject to legal requirements and formalities and such a request cannot be accepted absolutely in all immovable property with a single shape and quality. Action for ownership Proof is one of civil action that there are many differences of verdicts about accepting or rejecting it in legal authorities ,so that some of courts has accepted action for ownership Proof based on precedent No. 569 dated Dec.31,1991 of General Board of Supreme Court of Iran and believe that Legal obligation of owner to demand for their self-property registration in part which Public registration of real estate is advertised , not prevented that courts of justice adjudicate about disputes over property ownership and in some of courts avoid from such action by virtue of article 22,46,47 and 48 of Real Property Law and contents of precedent No. 672 dated Dec.21,2004 of General Board of Supreme Court of Iran and also contents law of course to pursue land without official deed. In present article , we review proof of ownership is basically devoid of description of the claim and opposition to the principle or appearance and it is merely a form of litigation that the courts are not the reference of the preparation of the case. The authority to declare ownership of immovable property is the registration authorities.
Private Law
Amirhossein Alizadeh
Abstract
According to the law on the Implementation of Financial Convictions, approved by the Islamic Consultative Assembly on 15/7/1393 and the Expediency Council on 23/3/1394 imprisonment is one way to achieve financial right, but in addition to the request of plaintiff and adoption of the court, it is necessary ...
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According to the law on the Implementation of Financial Convictions, approved by the Islamic Consultative Assembly on 15/7/1393 and the Expediency Council on 23/3/1394 imprisonment is one way to achieve financial right, but in addition to the request of plaintiff and adoption of the court, it is necessary extra conditions. Authority of the court and plaintiff is not absolute. In addition, it is exceptional and In case of doubt, the general principle rules should be applied.In addition, the term of imprisonment is not specified. Identifying the nature of insolvence requires identifying type of confrontation to wealthy that is confrontation between inexistence and potency.However the definition of the legislator in article 6 and its note, as well as the admission for installment in Article 11, indicates that the legislature does not have same attitude .Moreover this article does not comply with the petition for insolvency or wealthy in Article 7 and the recent article also has conditions for proof of insolvency that is criticized.
Mehdi Hasanzade
Abstract
Estefaze is a known proof in "Fiqh" that numerous and different viewpoints are presented about its definition, its basis and its qualifications. The nature and role of this evidence is disputable in judicial proceedings. Contrary to what has concept, this proof is not equal with what is propounded in ...
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Estefaze is a known proof in "Fiqh" that numerous and different viewpoints are presented about its definition, its basis and its qualifications. The nature and role of this evidence is disputable in judicial proceedings. Contrary to what has concept, this proof is not equal with what is propounded in laws under the title of "local investigation". In spite of this, this is possible that in some cases the result of local investigation be access to Estefaze. In this case, this evidence is effective under the title of local investigation and with regard of local investigations regulations. In other cases, by virtue of the spirit of principal 167 Constitutional Law and article 3 Civil Procedure Code, this proof is utilizable with regard of commandments extracted from jural sources and injunctions.
