نوع مقاله : پژوهشی
عنوان مقاله English
نویسنده English
The issuance of an order prohibiting a judgment debtor from leaving the country is one of the enforcement measures provided for under the Law on the Enforcement of Financial Judgments, adopted in 2015. Pursuant to Article 23 of the Law, upon the expiry of the period granted for voluntary compliance and at the request of the judgment creditor, the authority responsible for enforcement shall issue an exit ban against the debtor in cases where the judgment requires the payment of any kind of property to another person. The principal research question is: under what conditions may an exit ban be imposed on a judgment debtor in the enforcement of financial judgments, and what obstacles and limitations govern its application? What effect does the designation of an asset capable of satisfying the judgment debt have on the continuation of the order? Does a declaration of insolvency or an order for payment by installments result in the lifting of the exit ban? Using a descriptive-analytical approach based on library research and judicial practice, this study examines the conditions and impediments to issuing such an order and addresses ambiguities in the relevant legislation. The findings indicate that where the designated asset is sufficient to satisfy the judgment debt, continuation of the exit ban lacks legal justification. Furthermore, the debtor’s insolvency prevents the issuance or continuation of the order only when established by a final judgment. By contrast, an installment order or the granting of an extension does not, in itself, result in the lifting of the exit ban. The ban remains in force until all installments have been paid, unless appropriate security is furnished or an acceptable surety is provided.
کلیدواژهها English