The present paper analyses the existing legal sources and proves that the civil courts’ judgments and warrants are of absolute rather than relative authority. Usually there is no need for enforcing the court’s judgments and warrants against the third persons but according to this analysis in case of necessity those judgments and warrants would be principally enforceable against the third persons, too. Few reasons set forth for justifying the inclination to relativity principle, in the courts judgments and warrants are imperfect and cannot prove that standard, whereas deeming the judgments and warrants principally of absolute authority not only is a necessary principle in application of the civil procedure and judgment enforcement but also there are rigid reasons showing its acceptance by the Legislature. The legal establishment of third persons objection is another side of the judgments and warrants absolute authority principle; however, this establishment is not the only reason for the presence of that principle. Many other reasons including those outlined in Articles 44 and 146 of the Civil Judgments Enforcement Act prove this principle.
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Gholizadeh Manghotai, A. (2019). An Analysis to the Judgments and Warrants Definite Authority Principle in the Civil Procedure and Judgment Enforcement. Jurisprudence and Islamic Law, 10(18), 173-200. doi: 10.22034/law.2019.9674
MLA
Ahad Gholizadeh Manghotai. "An Analysis to the Judgments and Warrants Definite Authority Principle in the Civil Procedure and Judgment Enforcement". Jurisprudence and Islamic Law, 10, 18, 2019, 173-200. doi: 10.22034/law.2019.9674
HARVARD
Gholizadeh Manghotai, A. (2019). 'An Analysis to the Judgments and Warrants Definite Authority Principle in the Civil Procedure and Judgment Enforcement', Jurisprudence and Islamic Law, 10(18), pp. 173-200. doi: 10.22034/law.2019.9674
VANCOUVER
Gholizadeh Manghotai, A. An Analysis to the Judgments and Warrants Definite Authority Principle in the Civil Procedure and Judgment Enforcement. Jurisprudence and Islamic Law, 2019; 10(18): 173-200. doi: 10.22034/law.2019.9674
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