Document Type : Original Article
Authors
1
,Department of Law, Taft. C., Islamic Azad University, Taft, Iran
2
Department of Law, Yazd Branch, Islamic Azad University, Yazd, Iran: (Corresponding author)
Abstract
Third-party objection, as a general legal concept, has been referred to and implemented in various ways in different legal systems. When a person is neither present during the regular or urgent proceedings nor summoned as a party to the lawsuit, but the judicial decision or ruling in some way violates his rights, the legislator has foreseen the possibility of a third-party objection in order to address his alleged rights. Obviously, in cases where the third-party objector presents a final judgment when the property is seized, there is no problem, because assuming that the third-party objection is admissible during the seizure of property, in any case, the final judgment relates to the time before the seizure, but in cases where there is a significant time gap between the time the property is seized and the third-party notification and the filing of the claim; Sometimes this method, which is intended to achieve the right, becomes a pretext for abuse by the unentitled or the debtor with bad intentions, and poses a serious problem to the judicial system and the realization of the right. However, another duty of the judge is to control misconduct and lack of good faith. One of the best and most immediate guarantees for the implementation of the abuse of the right is the deprivation of the right. Therefore, the cancellation of a false claim and failure to address it, the refusal to accept the depreciated property introduced with the motive of delaying the execution of the judgment, the rejection of false claims and the implementation of guarantees for the implementation of false claims, etc. are all duties. There are many criteria in recognizing the abuse of the right, and as the legislator speaks in Article 132 of the Civil Code of meeting the need and averting the loss, the judge is exempt from discovering the real intention of the owner. However, on the other hand, the judge can determine, considering the existing situation, whether the action of the debtor of the judgment is common or intended to delay the execution of the judgment.
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