جستجوی مقالات مرتبط با کلیدواژه "abrogate" در نشریات گروه "فقه و حقوق"

Issuance of Vote Unity Procedure No699Court regarding the objection to the decision of the Commission Article77of the Municipal Law raised the suspicion that first of all whether the courts of law have jurisdiction to appeal against the decisions of the commissions Do you have a quasi-judiciary?And in the case of acceptance of jurisdiction, which of the formal law?administrative proceedings require the application of the same formal rules.example, according to of Article16of the L.O.P.CA Justice,objections to the decisions of quasi-judicial commissions must be made for persons residing in Iran within3months,or the cost of the objection proceedings is fixed.Now, if we assume the jurisdiction of the courts, from the point of view of formal criteria, are the legal courts obliged to comply with these regulations?In particular,Article1of the Code of Civil Procedure in the definition of this law doesnt mention administrative lawsuits and the obligation to implement the rules of civil procedure is set only in the position of dealing with civil matters and all civil and commercial lawsuits And there is no obligation on the court of law to observe the procedure of civil proceedings in administrative lawsuits Incidentally,the prevailing logic of the necessity of order and structure in any trial requires that a specialized trial be conducted with specialized tools and instruments in the same field and in the same way,which we will examine in detail in this research And more importantly,with the enactment of the L.O.P.C.A Justice in1390the unanimous decision No699has been abrogated

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.