Document Type : Original Article
Highlights
The ultimate purpose of issuing and arranging verdicts and documents is the fulfillment of obligations by the convict, the obligor or a third party. However, by relieving these people of their responsibility to pay their debts and debts, the government is inevitably detaining, valuing and ultimately selling their property. During the auction and solicitation procedures, the publication of advertisements in local or widely circulated newspapers, potential buyers participate in the auction and are provided with the sale of the property of the convicted or liable person to achieve the rights of the deceased person or persons. Execution costs and surplus property will be reimbursed to the owner or owners. However, unlike the French executive system, these measures are not easily possible in the Iranian judiciary and registration authorities. Because, in addition to the obligation of the obligees to fulfill their obligations, the existence of ambiguities, shortcomings, gaps, and contradictions in the relevant laws and regulations makes it difficult to carry out executive operations. In the field of administrative law, auction is one of the types of administrative contracts. The use of electronic auctions in this area promotes transparency and reduces corruption and increases public participation in the auction process.
Auction or electronic auction (Internet) as one of the elements of e-commerce, is a new method for buying and selling property, products, information and goods online, through computer networks and entering and penetrating domestic and international markets. . With the emergence and invention of the Internet as one of the most complete methods in electronic communications and transactions, the expansion of global networks and the entry of the Internet phenomenon in countries including Iran, the volume of electronic exchanges and transactions has accelerated and statistics show the desire and interest of individuals. And has the right to use electronic auctions or auctions.
Therefore, it can be said that electronic auction or auction is a process that in cyberspace and the Internet, using websites and without the physical presence of auctioneers and third parties, increase competition between sellers and potential consumers, high-speed sellers and Prices close to real value react automatically to new scenarios without human intervention, sell goods, have buyers participate regardless of their geographical location, and with bargaining power, it is possible to have more than one Auction or integrated payment system, buy their goods and goods.
In addition to unilateral authoritative decisions, the agency can act to achieve its goals through agreement and contract. One might ask why the agency uses the contract, even though it has privileges and can impose its demands through unilateral decisions. There are various reasons, the most important of which are in the first stage, showing that the administration can also achieve its goals using the contract and contract methods. Second, the use of the contract method allows private individuals to participate in public service in the form of public service representation. Most contracts entered into by the Office are subject to the specific principles and provisions of public law, and like all contracts, this type of contract is based on an agreement. These contracts are of considerable importance to legal entities under public law, as they have changed the way management is done, so that today there is talk of contract management as a new form of collective interest management that is less authoritarian and It is more of an agreement. In the definition of an administrative contract, it can be said: "An administrative contract is a contract that one of the administrative organizations or on their behalf on the one hand with any natural or legal person on the other hand, with the aim of performing an action or service related to interests General, it is concluded according to special provisions (typically preferential or privileged) and the disputes arising from these contracts are within the jurisdiction of the administrative courts.
According to the Law on Permanent Provisions of Country Development Plans approved in 1396, the government was allowed to complete the government's electronic procurement system to carry out all stages of various types of government transactions, but since the government was free to use the electronic procurement system to conduct its transactions. And if he did not want to, he could not use this system to make a deal. According to Article 9 of the Sixth Development Plan Law, the government was obliged to complete the e-government procurement system and conduct its transactions through this system. The regulations of the government's electronic procurement system were also approved in 2011. According to this regulation, all executive bodies subject to paragraph b of Article 1 of the Law on Tenders are required to register with the headquarters by announcing the management of documents and using electronic signature and observing the relevant regulations, all stages of the auction and tender. Except for tenders and auctions related to confidential transactions through the headquarters. Launching this system to create transparency in all stages of the auction and bidding has a great role.
In the Iranian executive system, the identification of the convicted property is briefly specified in Article 2 of the ICCPR, approved in 2015, but no trustee or authority has been appointed to identify the debtors' property. Despite the ambiguity at the time of the traditional auctions, this ambiguity has not yet been resolved in the case of electronic auctions. While in the French legal system, these legal gaps have been eliminated by passing a new law and amending the provisions of the law, including civil law, etc., and the issuance of rulings by the Supreme Court. By creating a system for identifying debtors' property, the property information of individuals is organized and the property of individuals is located in a glass room and can be easily identified. Therefore, arrest and auction of property belonging to debtors is possible even in the possession of third parties, deferred claims, long-term ...
Also, in case of cancellation of third parties and potential buyers, complaints against the enforcement order in executive cases and objections of the executive third party, change in property price between the time of arrest and the date of auction and lack of buyer and winner in auction and sale of property, including obstacles and challenges. There are those that are in the path of executive operations and one of its examples is traditional and electronic auctions and auctions. But in French law, the winner of the auction becomes the owner of the goods after paying the price of the goods, and in case of non-deposit, the specified task and the sale ends automatically, and with the complaint or objection of the executive third party, the judge Can suspend the execution of the vote
