Critical Evaluation of Article 24 of the Law on the Enforcement of Financial Sentences
Article 24 of the Law on the Enforcement of Financial Sentences specifies seven examples of debt exclusions; properties not liable to be distraint for debt, which the legislator has declared as non-seizable (seizure) and not subject to sale. The definition of properties not liable to be distraint fo...
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Razavi University of Islamic Sciences
2024-12-01
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| Series: | آموزههای فقه مدني |
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| Online Access: | https://cjd.razavi.ac.ir/article_1850_735ad73ec82e14b387226f899e9b5bee.pdf |
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| _version_ | 1849253651873267712 |
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| author | Yasser Tak fallah abolghasem morshedi |
| author_facet | Yasser Tak fallah abolghasem morshedi |
| author_sort | Yasser Tak fallah |
| collection | DOAJ |
| description | Article 24 of the Law on the Enforcement of Financial Sentences specifies seven examples of debt exclusions; properties not liable to be distraint for debt, which the legislator has declared as non-seizable (seizure) and not subject to sale. The definition of properties not liable to be distraint for debt based on specific instances, due to the lack of a clear expurgated criterion, will give rise to numerous instances of ambiguity regarding applicability. The ambiguity regarding the criteria for exemptions (exception) in this article has resulted in judges and litigants being unable to interpret its provisions accurately and correctly. This research employs a descriptive-analytical method with a problem-solving approach to critique and examine the shortcomings of this legal article. The research explores potential criteria for the exceptions mentioned by investigating narrative sources and jurisprudential and legal texts. It aims to provide a comprehensive definition to assist judicial authorities in better identifying excluded cases of debt and proposes an innovative approach to identify the customary status of insolvent individuals in terms of their inability to pay judgments using quantitative variables. The research has been investigated by proving the substantive difference and the necessity of distinguishing between the issue of insolvency regarding judicial costs and the common jurisprudential insolvency, the non-application of religious effects that arise for those insolvents from paying judgments to those unable to pay court fees, categorizing these claims as non-judicial. It also evaluates some legal implications, such as resolving the prolongation (proceeding and claim) problem of court cases related to insolvency from court costs and reducing the judicial burden of these claims. |
| format | Article |
| id | doaj-art-77bb0cc010424f7a8d1295a00d58dd8e |
| institution | Kabale University |
| issn | 2251-936X 2783-3690 |
| language | fas |
| publishDate | 2024-12-01 |
| publisher | Razavi University of Islamic Sciences |
| record_format | Article |
| series | آموزههای فقه مدني |
| spelling | doaj-art-77bb0cc010424f7a8d1295a00d58dd8e2025-08-20T03:56:14ZfasRazavi University of Islamic Sciencesآموزههای فقه مدني2251-936X2783-36902024-12-011630336010.30513/cjd.2024.4942.18411850Critical Evaluation of Article 24 of the Law on the Enforcement of Financial SentencesYasser Tak fallah0abolghasem morshedi1Assistant Professor, Department of Fiqh and Fundamentals of Islamic Law, Faculty of Theology, Allameh Tabatabaʾi University, Tehran, Iran.Master’s Student in Fiqh and Fundamentals of Islamic Law, Faculty of Theology, Allameh Tabatabaʾi University, Tehran, Iran.Article 24 of the Law on the Enforcement of Financial Sentences specifies seven examples of debt exclusions; properties not liable to be distraint for debt, which the legislator has declared as non-seizable (seizure) and not subject to sale. The definition of properties not liable to be distraint for debt based on specific instances, due to the lack of a clear expurgated criterion, will give rise to numerous instances of ambiguity regarding applicability. The ambiguity regarding the criteria for exemptions (exception) in this article has resulted in judges and litigants being unable to interpret its provisions accurately and correctly. This research employs a descriptive-analytical method with a problem-solving approach to critique and examine the shortcomings of this legal article. The research explores potential criteria for the exceptions mentioned by investigating narrative sources and jurisprudential and legal texts. It aims to provide a comprehensive definition to assist judicial authorities in better identifying excluded cases of debt and proposes an innovative approach to identify the customary status of insolvent individuals in terms of their inability to pay judgments using quantitative variables. The research has been investigated by proving the substantive difference and the necessity of distinguishing between the issue of insolvency regarding judicial costs and the common jurisprudential insolvency, the non-application of religious effects that arise for those insolvents from paying judgments to those unable to pay court fees, categorizing these claims as non-judicial. It also evaluates some legal implications, such as resolving the prolongation (proceeding and claim) problem of court cases related to insolvency from court costs and reducing the judicial burden of these claims.https://cjd.razavi.ac.ir/article_1850_735ad73ec82e14b387226f899e9b5bee.pdfdebtdebt exclusionsinsolvencyjudgment debtcourt costs |
| spellingShingle | Yasser Tak fallah abolghasem morshedi Critical Evaluation of Article 24 of the Law on the Enforcement of Financial Sentences آموزههای فقه مدني debt debt exclusions insolvency judgment debt court costs |
| title | Critical Evaluation of Article 24 of the Law on the Enforcement of Financial Sentences |
| title_full | Critical Evaluation of Article 24 of the Law on the Enforcement of Financial Sentences |
| title_fullStr | Critical Evaluation of Article 24 of the Law on the Enforcement of Financial Sentences |
| title_full_unstemmed | Critical Evaluation of Article 24 of the Law on the Enforcement of Financial Sentences |
| title_short | Critical Evaluation of Article 24 of the Law on the Enforcement of Financial Sentences |
| title_sort | critical evaluation of article 24 of the law on the enforcement of financial sentences |
| topic | debt debt exclusions insolvency judgment debt court costs |
| url | https://cjd.razavi.ac.ir/article_1850_735ad73ec82e14b387226f899e9b5bee.pdf |
| work_keys_str_mv | AT yassertakfallah criticalevaluationofarticle24ofthelawontheenforcementoffinancialsentences AT abolghasemmorshedi criticalevaluationofarticle24ofthelawontheenforcementoffinancialsentences |