Analyzing the Challenges of The Auction in the Law on the Enforcement of Civil Judgments

Auction is one of the important steps in the execution of civil judgments, during which the property of a defendant is sold in order to compensate the plaintiff. Although the law on the enforcement of civil judgments has tried to cover all the regulations governing the auction, a look at the law and judicial procedure shows that there are many ambiguities in the field of practice. In this article, the inadequacies of the law in the nature of the auction, ambiguity for the request of authorized applicants in holding the auction, ambiguity in announcing the auction time to the  lawsuit parties and third parties, lack of a unique criteria to determine an authorized price of selling property in the second auction, The legal system falls behind in adjusting to the inclusion of new assets such as digital currencies, and the absence of a legal mechanism in the sale of shares of stock exchange companies, uncertainty in the ability plaintiff to participate in the auction, The ambiguity regarding the sale of the entirety of the collectively owned property, which is only partially seized, uncertainty in recognizing the highest auction price,  disagreements in the obligating the plaintiff to pay 10% in the case of participating in the auction. withdrawal of the winner from the auction, withdrawal of the judge from the enforcement of the auction, complaint against the auction and filing of an independent lawsuit to cancel the auction, possibility for demanding a delay or stop of the auction and a summary of the cases of confiscation of 10% of the auction amount have been reviewed. These issues, which have caused confusion in the judicial procedure, have made it inevitable to review the law on the enforcement of civil judgments and to formulate a comprehensive law. This article takes a descriptive-analytical approach to explore the shortcomings of the legislation governing pre-, intra-, and post-auction procedures, aiming to propose potential solutions and improve compliance with regulations.