Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Jurisprudential legal examination of the economic effects of delaying the issuance and enforcement of civil judgments

Document Type : research

Authors
1 PhD student of private law, Karaj Branch, Islamic Azad University, Karaj, Iran.
2 Assistant Professor of Private Law Department, Karaj Branch, Islamic Azad University, Karaj, Iran
3 Assistant Professor of Private Law Department, Karaj Branch, Islamic Azad University, Karaj, Iran.
10.22034/ejs.2023.396056.1437
Abstract
Background and Aim: Procrastinating the issuance and enforcement of civil judgments is one of the issues and challenges, and more precisely, the obstacles to the realization of justice in the judicial system, whose economic aspects have not been given much attention. The purpose of this article is to investigate the economic effects of delaying the issuance and enforcement of civil judgmen
Materials and Methods: Thise article is Analytical descriptive and the library method uses.
Ethical considerations: In this article, Originality of texts, honesty and trusteeship Has been complied with.
Results: Procrastinating the issuance and enforcement of civil judgments has effects in two ways, in other words, economic losses. First, delaying the issuance and execution of the sentence causes economic loss to the convict. In this regard, in lawsuits related to cash, the claimant has the right to request compensation for late payment until the date of the judgment. There is a difference of opinion among jurists regarding the compensation for late payment. But many jurists believe that it is possible to receive compensation for recent damages. Regarding the delay in payment regarding the postponement of the execution of the sentence, the court is within the scope of the provisions of research and appeals. The second reason is that delaying the issuance and execution of the judgment imposes economic costs on the judicial system and, as a result, lawsuits are dismissed.
Conclusion: It is necessary to accept compensation for late payment except in cases of cash and to prevent the increase of litigation costs in order to reduce the delay in the issuance and execution of judgments because it nullifies the right to litigation.
Keywords
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