Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī (Apr 2020)

Trespasser Debtor and Unprotected Creditor (A Criticism on the Law and Judicial Procedure of Iran about Transaction in order to Evasion of Debt)

  • mohsen Ghojavand ,
  • Omid Shirzad

DOI
https://doi.org/10.22054/JCLR.2020.44203.1944
Journal volume & issue
Vol. 8, no. 30
pp. 143 – 172

Abstract

Read online

Doing review in judicial changes about transaction in order to evasion of debt in Iranian law regime show that there are very fluctuations that can be described as unjust exceeding stream to unreasonable indifference. There is a certain fact that the rights of lawful creditor have impacted from these fluctuations and approaches. The mentioned crime as a current and widespread crime sometimes described as a fraudulent act and sometimes has been recognized by a medium approach in Iranian law regime.at this time, there are some requirements to meeting this crime upon new financial convicted persons act, for example, the requirement of definite conviction of debtor and protected debts in judicial forums in order to realize of mentioned crime. This requirement have many social and personal tangible harms for creditor and this situation can be resolved only by amending of new act and provisions so judicial procedure about financial convicted persons act.

Keywords