The legal Nature of The Auction And The Conditions For Its Cancellation In The Civil Rulings Enforcement Law

Auction is a process by which the property of the condemned party (debtor) is sold at the highest price, and since it is a formal contract, the performance of mandatory formalities in the Civil Execution Law is considered a condition for its validity, and failure to comply with the prescribed formalities is considered a cause for its invalidity and cancellation. The purpose of writing this article is to describe the legal nature of auction and explore the conditions for its annulment in the Civil Rulings Enforcement Law. The research method is descriptive-analytical and an attempt has been made to describe aspects of auction and analyze the ambiguities and regulations related to auction in the execution of Civil Rulings Enforcement Law, and to resolve the ambiguities and problems that exist in practice, the preparations for seizure, the execution of the judgment, the confirmation of the authenticity of the auction, etc. The findings of the research show that the auction of seized property, according to Articles ۱۴۳, ۱۴۶ and ۳۹ of the Civil Rulings Enforcement Law, is invalid if the conditions are not met, and even if it is not possible to return the property, its likeness or price is returned to the owner. The result is that the auction ultimately results in the conclusion of a sale contract, and if the basic conditions for the validity of the sale contract are not present, for example, if the use of the property is incorrect and the issue is not known and determined, the defendant can independently file a lawsuit to annul the sale.

کلیدواژه ها:

Auction ، auction cancellation ، Civil Rulings Enforcement Law