Nullity of Tender in Law of Enforcement of Civil Judgment and Rules of Provisions of Official Documents

Document Type : Original Article

Authors

1 Assistant Professor of Law, Shahid Chamran University of Ahvaz, Ahvaz, Iran

2 M.A. in Private Law and Notary, Ahvaz, Iran

Abstract

In case that losing party or debtor of enforceable document cannot do to pay its debt of record, winning party or creditor can seize debtor properties. Sale of seized properties is conducted in form of tender.
Tender of seized properties might be revoked in three forms: 1. when the court could not attain the accuracy of tender process and issues nullity order. In case that the court attained the accuracy of tender process and issues order of transfer of deed, because of definite order it is not possible to withdraw. After the issuance of transfer order, bringing independent action for nullity of tender is only possible in case that the cause of action of nullity is lack of essential conditions of contract of sale. 2. When third party claims right to properties of tender. 3. When judgment or order of basis of enforcement is null by competent authorities.
According to general rules and usurpation regulations in case that property of this party is sold and owner does not affirm it, contract is nulled. However, in article 39 of Civil Law of Enforcement judgment in contrast to regulations of usurpation it is stated in case that there is no possibility of restitution of object of property, equivalent or its price is recovered to owner. Even though this article is not stated in Registration Code and other regulations, but it can be conducted in the whole cases of nullity of tender that there is no possibility of restitution of object of property.

Keywords

Academic Journal of Knowledge and Research of Law
Volume 4, Issue 1
September 2018
Pages 1-26

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