judicial challenges of eviction action about joint property

Document Type : Research Paper

Authors

1 Judge

2 Assistant Professor and Doctor of Private Law and Faculty Member of Islamic Azad University, Damghan Branch

3 Assistant Prof.private law of shahrood univercity

10.22099/jls.2023.46974.4927

Abstract

One of the involved issues in precedent for Deficiency of the rules is dispossession lawsuit aboat Joint property. This lawsuit is subject to Special rules as such recognition and Solving Its ambiguities realizes Justly trial. So we started writing this article and The consequence was that in Judicial process; Judges do not have certain criterion for cognizance the ownership of the claimant and recognition the defendant in this lawsuit; Also, at the time of death or disability or change of one of the claimants or multiple defendants, they are confused; And in the stage of enforcement of judgments, these ambiguities were more be revealed So that How to deliver and manage the joint property and determine the standing property have serious ambiguity. In order to resolve these ambiguities;we hang on Article 43 of the Civil judgments enforcement Act and General Assembly of the Supreme Court vote No. 672 and Its defects were solved with Acceptance of two principles " The result of the dispossession lawsuit aboat Joint property transmits to all owners" and " Resolving disputes between partners depends on permission".

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Journal of Legal Studies

Articles in Press, Accepted Manuscript
Available Online from 16 July 2024

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