نوع مقاله : علمی پژوهشی
نویسندگان
1 دانشجوی دکتری دانشگاه بوعلی سینا همدان
2 عضو هیئت علمی دانشگاه بوعلی سینا / دانشکده علوم انسانی / گروه حقوق
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
abstract
Iran's civil procedure law has important gaps regarding the sanctions of civil proceedings, the fact that the legislator has not assigned a separate and independent topic to the guarantee of executions, and also some important provisions of proceedings are without guarantee of execution, the need to examine the basics of the guarantee of executions with a comparative view of law. France justifies. In this research, the topic of the article has been investigated by descriptive and analytical method. In the author's opinion, by discovering the origin of each performance guarantee, their foundations can be reached. The causes and origins of the guarantee of judicial executions can be summarized in the following cases with a comparative view of French and Iranian laws: the presence of material or formal defects, the presence of damage, opposition to public order, opposition to basic formalities, opposition to the essential elements of the proceedings, Opposition to the principles of proceedings, the inability and possibility of judicial organization, failure to fulfill the purpose of the proceedings. Therefore, these factors can be considered as the basis for determining the performance guarantee. As a result, the legislator in the situation of the guarantee of judicial executions can determine the proportional execution guarantee by examining and evaluating these bases, and also the judge as a law enforcer is familiar with the reasons and bases of the guarantee of executions that he applies in his judicial decision, and the implementation of the law is based on judicial inference. He finds more harmony and adaptation.
کلیدواژهها [English]
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