One of the obvious aspects of the will of individuals can be found in the stage of enforcement of civil judgments from the complex processes of civil proceedings. The parties, both the winning and the losing, are not passive in the implementation of a legal or civil jud
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One of the obvious aspects of the will of individuals can be found in the stage of enforcement of civil judgments from the complex processes of civil proceedings. The parties, both the winning and the losing, are not passive in the implementation of a legal or civil judgment, and each of them should be given an essential role. "The will of the losing person" in itself has value and respect in the enforcement of civil judgments; In such a way that sometimes, losing party by applying his will and taking advantage of legal opportunities, the fate of the implementation of a legal decision may undergo deviation or fundamental changes; or delay or accelerate the realization of the rights of the winning party. Therefore, parallel to the position of the winning party, it is necessary to address the role and central position of the losing party as another actor in this scene. In the present study, we will evaluate and examine the possibility of the initial request for the enforcement of the judgment by the losing party and its effects, and compare it with the institution of "aside of debt" in Imamiyyah jurisprudence and we will see that according to the legal rules and arguments, the possibility of such a request is available for the losing person, and this possibility is compatible with the foundations of the brilliant Imamiyyah jurisprudence.
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