The Irreferable (Not-Referable) of Transactions with Fraudulent Conveyance (Intending to Evade the Payment of Debt or Transaction in order to Avoid Liability) in Iranian Law with a View to French Law and an Attitude on the Unified (Uniform) Judicial Precedent No. 774 on April 9, 2019

Abstract

A comparative study of the unreliability of transactions with the intention to escape from religion in Iranian and French law; With a view to the uniform judicial precedent judgment 774 dated 20/01/1398The deal to escape from religion has faced many challenges in Iran legal system for a long time and this challenges have peaked because invalidity of agreement is deleted from article 218 of old civil law so that the result hasn’t explicated in Iran legal system till now. On the other hand, legislator hasn’t commented the result of such agreements in law of implementation of financial condemnation act 1351, 1377, 1394. It has mentioned as a result to possibility of creditors’ rights to be transferred to transferee so that this strengthens theory of untrustworthy of such transactions. The basic condition of dealing to escape from religion crime is former and final judicial conviction of debtor that it has faced many challenges in procedure.’ rights to be transferred to transferee so that this strengthens theory of untrustworthy of such transactions. The basic condition of dealing to escape from religion crime is former and final judicial conviction of debtor that it has faced many challenges in procedure.

Keywords

• transactions with intending to evade the payment of debt (fraudulent conveyance or transaction in order to avoid liability) in iran’s legal system and especially the judicial precedent have long been faced many challenges and with deleting article
• 1928 based on this fact that the verdict of such transactions is invalid and the mention of fictitious transaction (nominal transaction) with intending to evade the payment of debt in 1991 amendment has reached its peak and now
• there is no clear ruling on transactions with the intention of fraudulent conveyance or transaction in order to avoid liability in iranian legal system. on the other hand
• in the laws on how to execute financial convictions approved 1972
• 1998 and 2015 on the status of the sentence of such transactions has not been explicitly expressed by the legislator and only its result
• the possibility of the right of executing the civil rights of debtor from transferee (grantee)
• has been mentioned and the idea of the author is that accepting the theory of irreferable (not-referable) and adapting it to jurisprudential and judicial fundamentals can solve the present challenges. the french legal system has also accepted the abo
• 2019 has created a great challenge for the quality of proving the crime of fraudulent conveyance or transaction in order to avoid liability. the research method by examining jurisprudential
• legal and judicial fundamentals in this article is in a descriptive analytical style with an applied method