Ray (Judicial Case Review)

Ray (Judicial Case Review)

Conditionality or non-conditionality of "non-guaranteed" check for issuance of registration enforcement

Author
Master of Private Law Student, Imam Sadegh University
Abstract
The possibility of issuing a writ of execution without substantive consideration by the court for a check that has been faced with non-payment is one of the innovations of the law amending the law on issuing checks in 1397. According to these amendments, Article 23 states that "non-guarantee" of checks is one of the conditions for issuing a court order. On the other hand, before this time, the issuance of a writ of execution by the registration authorities was provided for in Article 2 of the said law, but "non-guarantee" was not mentioned as one of the conditions for the issuance of this writ of execution; Following this issue, the General Assembly of the Court of Administrative Justice, in its decision No. 2958, annulled the "Procedure for accepting the request for the implementation of the provisions of the required official documents ..." which does not consider the "guarantee" of the check to prevent the issuance of registration. In this study, while explaining the differences between the enforcement agencies mentioned in Articles 2 and 23 of the Check Issuance Law, the objections of the arguments presented in the said ruling are discussed and finally, in accordance with the above-mentioned procedure, a check is issued for issuing a registered enforcement order. Is.
Keywords
Subjects

Volume 11, Issue 40
Summer 2022
Pages 51-66

  • Receive Date 13 May 2022
  • Revise Date 19 May 2022
  • Accept Date 28 October 2023