چکیده:
Appeal relates to final judgments. Therefore, the effect of this complaint on the execution of the judgment is debatable. Article 386 of the Civil Procedure Code, in stating this matter, while generally stating the lack of impact of appeal on the execution of the judgment, has separated the monetary debtor from the non-monetary debtor in order to further explain and state exceptional cases. In investigating this matter and this article, it is necessary to pay attention to matters such as the type, purpose and amount of security, the criteria and time of obtaining security, how to realize the rights from the obtained security, and the differences and similarities between monetary and non-monetary judgments in this regard. This research examines these matters.
خلاصه ماشینی:
Some jurists have considered the financial situation of the claimant and stated that, given that the philosophy of the security under Clause A of Article 386 of the Civil Procedure Law is to protect the potential rights of the defendant and the possibility of restoring enforcement operations, such security will be obtained from the defendant only if his solvency is proven (Shams, 427:1385).
However, with the absence of the aforementioned phrase in Articles 386, 389, 424 and 437 of the current Civil Procedure Law, the necessity of obtaining security equal to the judgment debt is not definite and the way is open to analyze possibilities and different situations, and perhaps it can be said that the legislator, by not mentioning the aforementioned clause, had in mind the expansion of the judge's discretion in determining the amount of security so that by considering various factors, he could determine a proportionate and appropriate amount.
2. Non-Monetary Judgment In Clause B of Article 386 of the Civil Procedure Law, it is stated: “If the subject matter of the judgment is non-monetary and the issuing court deems the defendant to provide appropriate security, the execution of the judgment will be delayed until the issuance of the appellate ruling.
The Necessity of Caution in Executing Non-Monetary Judgments Based on the wording of Clause B of Article 386 of the Civil Procedure Law, if the defendant provides appropriate security, the judgment will not be executed.
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