Challenges of obtaining security or a guarantor from the convicted person in absentia

Subject Areas : فصلنامه مطالعات میان رشته ای فقه

malihe  gholami ¹ (private law azad university torbat heydariye)
mahdi  firozabadian ² (Assistant Professor, Law Department, Torbat Heydariyeh Branch, Islamic Azad University, Torbat Heydariyeh, Iran.)
hosein  rahmani ³ (Invited Lecturer, Law Department, Torbat Heydariyeh Branch, Islamic Azad University, Torbat Heydariyeh, Iran.)

Received: 2022-01-04 Accepted : 2022-05-31 Published : 2022-06-22

Keywords: extract: obtaining a guarantor, obtaining security, convict, absentee sentence,

Abstract :

One of the important issues in enforcing a verdict in absentia after certainty is the introduction of a valid guarantor or obtaining appropriate security from the convict, which is mentioned in Note 2 of Article 306 of the Code of Civil Procedure. Well-known jurists also believe in obtaining a guarantor or securing in order to execute a verdict in absentia.This is because, in doing so, the absentee convict finds support to secure his or her damages. The present research is of descriptive-analytical type and the method of data collection is library and using filing tools. In this article, after examining various points of view, two forms of problems have been examined and discussed. First; In jurisprudence and law, there is no set time for survival. Second; In jurisprudence, the court receives bail when issuing a writ of execution, while the writ of execution may actually be served and there is no need to obtain bail,Therefore, they must obtain security during the execution of the sentence so that the convict's rights are not lost. Therefore, some solutions have been proposed to prevent the loss of some convicts' rights