خلاصة:
Abstract:There is as much discussion concerning implementation of regulations set forth in the Code of Civil Procedure regarding recusal of a judge during the enforcement of judgments as there is about the nature of orders and executive measures.In the aforementioned judgment, Branch 14 of the Supreme Court applies the rules of recusal of a judge both in the stage of enforcement of judgments and the establishment of the auction process, which is considered as one of the cases of expressing a previous opinion.According to the authors, the review of the judgment made by Branch 14 of the Supreme Court shows that although these orders and measures should not be considered as an expression of substantive opinion of a judge that prevents him from dealing with other claims about the same enforcement measures, this part of the judgment made by Branch 14, that correctly demonstrates the nature of entering an order of recusal, is affirmable.
ملخص الجهاز:
Judgment number 140006290000446311 dated 2021/09/14, Branch 14 of the Supreme Court "The cassation objection of the appellant against judgment number 990001693 dated 2021/03/04 of the second branch of the Alashter General Civil Court is valid and worthy of acceptance because, firstly: the order of refusal to A judge has declared the validity of a financial auction that was subject to collateral during the execution of a judgment, pursuant to Article 143 of the Civil Judgment Execution Law. Subsequently, a lawsuit for the annulment of executive operations is filed by the pledgor.
In this stage, without the presence of the convicted person, the pledgor, or their legal representative, the auction was held, and a person named Mohammad participated in the auction and purchased property A for the price of 50 million Tomans 162 The Problem of a Previous Opinion Expressed in a Case of Disqualification of a Judge; Confirmation of the validity of an auction: Procedural or Substantive Opinion (A Critique and Review of Judgment No. 140006290000446311, September 14, 2021 Made by Branch 14 of the Supreme Court) 1 Hassan Mohseni 2 Mohammad Valaee 3 Niloofar Taheri Lasku Kalayeh Abstract: There is as much discussion concerning implementation of regulations set forth in the Code of Civil Procedure regarding recusal of a judge during the enforcement of judgments as there is about the nature of orders and executive measures.
(
, 
, 
)
