Iran Nezam Civil Execution Exam cheat sheet

A writ of execution (اجرائیه) must be served on the judgment debtor; if the debtor is absent, service follows the rules of civil procedure, and execution may proceed after the prescribed period.

Execution is stayed (توقیف اجرا) by: payment of the judgment, obtaining a stay order from the competent court, bankruptcy of the debtor, or a valid objection to execution (اعتراض به اجرا) filed within the legal deadline.

Third-party objection (اعتراض شخص ثالث) to execution must be filed with the execution court within 10 days of becoming aware of the execution measure, and it does not automatically stay execution unless the court orders otherwise.

The execution officer may seize (توقیف) movable and immovable property of the debtor in proportion to the judgment debt, and must prepare a seizure report (صورتجلسه توقیف) signed by the parties and witnesses.

Sale of seized property is by public auction (مزایده) after valuation (کارشناسی) and publication of the auction notice; the judgment debtor may pay the debt before the auction to stop the sale.

Proceeds of execution are distributed first to execution costs, then to secured creditors according to priority, then to other creditors; the remainder is returned to the debtor.

If the judgment debtor has no known property, the creditor may request the court to issue an order for disclosure of assets (استعلام دارایی) from banks and registries.

Execution of a judgment against a government entity follows special rules: the judgment must be certified by the relevant legal office, and execution is carried out through the treasury.

A final and enforceable judgment (حکم قطعی) is required for execution; provisional orders (دستور موقت) are enforced separately under civil procedure rules.

Jurisdiction of courts: the court of the defendant's domicile has general jurisdiction; for immovable property, the court where the property is located has exclusive jurisdiction.

A claim must be filed with a petition (دادخواست) containing: parties' details, subject matter and value, facts, legal grounds, and evidence; missing elements may lead to rejection.

The court may order a provisional measure (دستور موقت) if there is urgency and the applicant provides security; the order must be issued within 24 hours if conditions are met.

Default judgment (حکم غیابی) is issued if the defendant fails to appear after proper service; the defendant may object (واخواهی) within 10 days of service of the judgment.

Appeal (تجدیدنظر) from a first-instance judgment must be filed within 20 days of service; the appellate court may affirm, modify, or remand the case.

A judgment becomes final (قطعی) when: no appeal is filed within the deadline, the appellate court issues a final decision, or the Supreme Court rejects a petition for review.

The Supreme Court (دیوان عالی کشور) reviews only legal errors, not factual findings; a petition for review (فرجام‌خواهی) must be filed within 20 days of service of the appellate judgment.

Res judicata (امر مختوم) bars a new claim if the same parties, subject matter, and cause of action have already been finally adjudicated.

A contract is formed by offer (ایجاب) and acceptance (قبول) with mutual consent; the parties must have capacity, and the subject matter must be certain and lawful.

Obligations arise from contract, unilateral act (ایقاع), unjust enrichment (استیفا), and civil liability (مسئولیت مدنی); each has specific elements and effects.

Ownership (مالکیت) is the absolute right to use, enjoy, and dispose of property, subject to legal limitations; it can be transferred by contract, inheritance, or prescription.

Possession (تصرف) is presumed to be in good faith (حسن نیت) unless proven otherwise; a possessor in good faith is entitled to fruits and improvements until the claim is established.

The rule of “no harm” (قاعده لاضرر) and “prohibition of unjust enrichment” (منع استیفا) are key jurisprudential principles applied in civil disputes.

In contracts, the principle of “obligation to act in good faith” (اصل حسن نیت) governs performance and interpretation; breach may lead to damages, specific performance, or termination.

A sale contract (بیع) transfers ownership immediately upon conclusion, unless the parties agree to a condition (شرط) delaying transfer; risk of loss passes with ownership.

Mortgage (رهن) requires delivery of the mortgaged property to the mortgagee; the mortgagee has priority over other creditors in repayment from the mortgaged property.

A merchant (تاجر) is a person who habitually performs commercial acts; commercial acts include buying and selling goods, brokerage, commission, and transportation.

Commercial books (دفاتر تجاری) must be kept by merchants, including a journal (دفتر روزنامه) and a ledger (دفتر کل); failure to keep them may lead to evidentiary disadvantages.

A bill of exchange (برات) must contain: unconditional order to pay, amount, drawer's signature, date, place of payment, and drawee's name; missing elements may invalidate it.

A promissory note (سفته) is an unconditional promise to pay a sum to the bearer or order; it is enforceable through execution proceedings if protested for non-payment.

A cheque (چک) is a payment instrument; under the Cheque Law, issuing a cheque without sufficient funds may lead to criminal liability and civil execution.

Bankruptcy (ورشکستگی) is declared by court when a merchant is unable to pay debts; the bankruptcy trustee (مدیر تصفیه) sells assets and distributes proceeds among creditors.

Creditors in bankruptcy are ranked: secured creditors, preferred creditors (e.g., employees' wages), and unsecured creditors; the debtor's discharge requires full payment or court approval.

Commercial companies (شرکت‌های تجاری) acquire legal personality upon registration; shareholders' liability is limited to their capital contribution unless the company is a general partnership.

Crimes are classified as hudud (fixed penalties), qisas (retribution), diyat (blood money), and ta'zirat (discretionary penalties); each has distinct procedures and evidentiary rules.

The principle of legality (قانونی بودن جرم و مجازات) means no act is a crime and no punishment may be imposed except by law.

Criminal responsibility requires intent (عمد) or negligence (تقصیر); a child below the age of criminal responsibility (9 lunar years for girls, 15 for boys) is not criminally liable.

Investigation (تحقیقات مقدماتی) is conducted by the prosecutor (دادستان) or investigating judge; the accused has the right to counsel during interrogation.

Arrest (بازداشت) requires a judicial order; the accused must be informed of the charges and brought before a judge within 24 hours.

The statute of limitations (مرور زمان) for prosecution varies by crime: for ta'zirat, it may be 3 to 10 years; for hudud, it is generally not applicable.

A final criminal judgment has res judicata effect; the victim may claim civil damages (ضرر و زیان) in the criminal court or separately in civil court.

Appeal in criminal cases must be filed within 20 days of service of the judgment; the appellate court may confirm, reduce, or annul the sentence.

The burden of proof (بار اثبات) lies on the claimant; the defendant may rebut with evidence.

Admissible evidence in civil matters includes: confession (اقرار), documentary evidence (اسناد), testimony (شهادت), circumstantial evidence (امارات), and oath (قسم).

A confession is a statement by a party against their own interest; it must be made voluntarily and by a person with capacity.

Documentary evidence: official documents (اسناد رسمی) have conclusive presumptive effect unless proven forged; private documents (اسناد عادی) are subject to challenge.

Testimony requires two male witnesses or one male and two female witnesses for financial matters; witnesses must be just (عادل) and of legal age.

An oath (قسم) may be administered to a party to settle a dispute when other evidence is lacking; refusal to take the oath may result in judgment against that party.

Expert opinion (کارشناسی) is admissible when technical knowledge is required; the expert's report is advisory but may be challenged by the parties.

In criminal cases, the standard of proof is “beyond reasonable doubt” for hudud and qisas; for ta'zirat, lesser standards may apply.

Official documents (اسناد رسمی) are registered with the notary public (دفتر اسناد رسمی) and have conclusive evidentiary value; their authenticity can only be challenged through forgery proceedings.

Notaries must verify the identity of parties, ensure capacity, and read the document to the parties before signing; failure may lead to disciplinary action.

Real estate transactions must be registered in the land registry (اداره ثبت اسناد و املاک) to be enforceable against third parties.

The registration of a deed (سند) creates a presumption of ownership; however, it does not validate a void transaction.

A power of attorney (وکالت‌نامه) for property transactions must be official and specify the scope of authority; general powers are construed narrowly.

Notarial acts include: sale contracts, mortgages, leases, powers of attorney, and affidavits; each has specific formal requirements.

The notary is liable for damages caused by their professional negligence; they must maintain confidentiality and keep proper records.

Registration fees and taxes are payable upon registration; failure to pay may prevent the issuance of an official deed.

The principle of “no harm” (قاعده لاضرر) prohibits causing harm to others and is a basis for civil liability and invalidity of harmful conditions.

The principle of “validity” (اصالة الصحة) presumes that acts of Muslims are valid unless proven otherwise; it applies to contracts and transactions.

The rule of “prohibition of unjust enrichment” (منع استیفا) prevents one from benefiting at another's expense without legal cause.

In transactions, the condition of “no riba” (ربا) prohibits interest on loans; exceptions exist for certain commercial transactions.

The principle of “freedom of contract” (اصل آزادی قراردادها) allows parties to agree on terms not contrary to law or public order.

The rule of “no harm in Islam” (لاضرر) and “necessity” (ضرورت) may justify overriding normal rules in emergencies.

The concept of “ownership” (ملکیت) in fiqh is absolute but subject to the rights of others, such as the right of pre-emption (شفعه) in joint property.

The rule of “certainty” (استصحاب) is used in judicial reasoning to maintain a previous state until proven otherwise.

A judicial judgment must contain: the parties' details, the subject matter, the facts, the legal reasoning, the decision, and the date and signature of the judge.

Legal reasoning must be based on statutes, principles, and, where applicable, Islamic jurisprudential rules; it should be clear and logical.

The use of precise legal terminology and avoidance of ambiguity are essential; citations to legal articles must be accurate.

The judgment should address all claims and defenses raised by the parties; failure to do so may be grounds for appeal.

The reasoning should distinguish between findings of fact and conclusions of law; the appellate court reviews the latter de novo.

In writing, the judge must remain impartial and avoid personal opinions; the language should be formal and objective.

The structure typically follows: introduction, statement of facts, legal analysis, and conclusion; each section should be coherent.

The judge must ensure the judgment is enforceable and specifies the obligations of each party clearly.