keyword رای وحدت رویه 774 / (1 Article)
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Writer : عزیزیانی، مجید ؛
Journal:آموزه های فقه مدنی»پاییز و زمستان 1402 - شماره 28 Ranking ب (Ministry of Science/ISC (24 page(s) - From 267 to 290 )
Keywords:معاملهغیر نافذغیر قابل استنادقصد فرار از دینرای وحدت رویه 774Transactions 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 Article1928 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 nowthere 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 handin the laws on how to execute financial convictions approved 19721998 and 2015 on the status of the sentence of such transactions has not been explicitly expressed by the legislator and only its resultthe 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 abo2019 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 jurisprudentiallegal and judicial fundamentals in this article is in a descriptive analytical style with an applied method