Iran Nezam Civil Execution Exam flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Writ of execution

A judicial order issued by the execution court to enforce a final judgment, authorizing seizure and sale of the debtor's property to satisfy the debt.

Third-party objection

A claim by a person who is not a party to the execution proceedings but whose rights are affected by the seizure, filed within 10 days of awareness.

Provisional measures

Temporary court orders, such as attachment or injunction, issued during litigation to prevent irreparable harm, subject to provision of security by the applicant.

Default judgment

A judgment rendered against a defendant who fails to appear after proper service; it may be challenged by objection (واخواهی) within 10 days.

Offer and acceptance

The two essential elements for contract formation; offer is a definite proposal, acceptance is unqualified assent, creating mutual consent.

Possession in good faith

A legal presumption that a possessor holds property honestly; it protects the possessor's right to fruits and improvements until the true owner proves otherwise.

Bill of exchange

A written order by one party (drawer) to another (drawee) to pay a specified sum to a third party (payee) on demand or at a future date.

Bankruptcy trustee

A court-appointed officer who takes control of the bankrupt merchant's assets, sells them, and distributes proceeds to creditors according to legal priorities.

Legality principle

The fundamental criminal law rule that no act is punishable as a crime and no penalty may be imposed unless previously defined by law.

Qisas

Retribution penalty in Islamic criminal law, applied for intentional homicide or bodily harm, subject to the victim's family's right to demand execution or compensation.

Confession

A voluntary statement by a party acknowledging a fact against their own interest; it is conclusive evidence if made by a person with legal capacity.

Official document

A document executed before a notary public or competent official, having conclusive evidentiary value unless proven forged through legal proceedings.

Land registry

The government office responsible for recording real estate ownership and transactions; registration is necessary for enforceability against third parties.

No harm principle

A foundational Islamic legal rule (قاعده لاضرر) prohibiting the infliction of harm on others, used to invalidate harmful conditions and establish liability.

Presumption of validity

The jurisprudential principle (اصالة الصحة) that acts and transactions of Muslims are presumed valid unless evidence proves otherwise.

Judicial reasoning

The logical and legal justification provided by a judge in a decision, explaining how facts and law lead to the conclusion.

Res judicata

The principle that a final judgment bars re-litigation of the same claim between the same parties, ensuring legal certainty.

Seizure report

A formal document prepared by the execution officer recording the details of property seized, signed by parties and witnesses.

Public auction

The method of selling seized property to the highest bidder after valuation and public notice, unless the debtor pays the debt beforehand.

Appeal deadline

The period within which a party may appeal a first-instance judgment, typically 20 days from service under Iranian civil procedure.

Mortgage

A security interest in property created by contract, requiring delivery to the mortgagee, giving priority in repayment from the property's value.

Commercial books

Mandatory records kept by merchants, including journal and ledger, which serve as evidence in commercial disputes.

Cheque

A written order to a bank to pay a specified sum from the drawer's account; issuing a bad cheque may lead to criminal and civil liability.

Ta'zir

Discretionary punishment in Islamic criminal law, imposed by a judge for offenses not covered by fixed penalties, subject to statutory limits.

Burden of proof

The obligation of a party to prove the facts they assert; in civil cases, it generally rests on the claimant.

Testimony

Oral evidence given by witnesses under oath; requires two male witnesses or one male and two female witnesses for financial matters.

Power of attorney

A written authorization by which one person appoints another to act on their behalf; for property transactions, it must be official and specific.

Notary public

A public officer authorized to draft and certify official documents, verify identities, and ensure legal compliance of transactions.

Riba

Interest or usury prohibited in Islamic law; loans with stipulated interest are void, though certain commercial profits are permitted.

Right of pre-emption

The right of a co-owner (شفیع) to purchase a partner's share in joint property before it is sold to a third party.

Judgment structure

The formal layout of a judicial decision: introduction, facts, legal analysis, conclusion, and signature, ensuring clarity and enforceability.

Impartiality

The judicial duty to remain neutral and objective, avoiding personal bias or opinions in legal writing and decision-making.