Document Type : Original Article
Highlights
Extanded Abstract
Execution of the sentence is the last step in a trial process in which the result of the verdict will be realized for the convict. In other words, all other steps will be ineffective if the execution step is not carried out well. The purpose of the present study is to examine the rights and obligations of third parties in the execution of sentences. The third- party refers to all natural or legal persons who do not have the title of plaintiff and defendant in the main petition. One of the stages in which a third- party has rights and duties is the stage of execution of judgments in civil proceedings as well as the Court of Administrative Justice. In general, the purpose of third- party intervention in the civil proceedings, especially in the execution step, is the realization of the third right, what rights and obligations the third- party has in the execution step is an issue that the present study has addressed.
According to Article 34 of the Constitution, it is the indisputable right of every citizen to seek justice by recourse to competent courts, and the main purpose of litigation is to obtain a final verdict and its execution. Undoubtedly, in any judicial system, proper and complete execution of judicial sentences is more important than the litigation process and settling a hostility. Execution of the sentence is an essential principle in the proper judicial process and the provision of justice. Third-party intervention in the execution of civil judgments is one of the most important issues in jurisprudence and legal doctrine. The rules of civil procedure also provide a position for a third -party, other than the main litigants, so that he /she can intervene in the proceedings, subject to a set of conditions. The rules for the presence of a third- party in litigation of the Court of Administrative Justice and public courts are different. Many new issues are emerging in this area that are preoccupying the minds of civil judges and law execution officials. Questions that cannot be answered in the books on civil procedure, execution of civil judgments, and enforcement of binding official documents, and the law on enforcement of civil judgments and registration laws and the bylaws of enforcement of the provisions of binding official documents have raised the issue in general without paying attention to details.
In terms of civil procedure, individuals are divided into three categories: the first and second groups (plaintiffs and defendants) are litigants. The third group, which is excluded from litigation, has the title of "third- party" compared to the previous two groups. One of the cases that may occur during the proceedings is the intervention of third parties, and the third- party refers to all natural or legal persons who have a title other than the plaintiff and the defendant in the main petition.
Third- party intervention in a lawsuit between two parties (the main litigants) is twofold:
One is the voluntary intervention that a third- party enters into a lawsuit that others have filed in order to protect their rights, which has been called the third- party entry law; another is the coercive intervention in which other litigants enter the third- party to the lawsuit without request and make him/her a partner in the conversation. This method is mentioned in the law as third-party impleader.
There is a third case, which is called a "third- party protest" and that a protest of a person other than the parties to the lawsuit against the verdict or decision that was issued and finalized between the main plaintiffs without their intervention and has violated their claim or that of their legal representative. Despite the effective role that third parties can play in enforcing the sentence affirmatively, unfortunately, due to the silence or brevity of the Civil Judgment Enforcement Law, this important issue has been neglected and it can sometimes be seen that the enforcement officers ignore this issue and cause the executive operation to fail. The role provided for in the Note to Article 34 of the Civil Judgments Enforcement Law is a positive or affirmative role that a third- party takes in the direction of enforcement action. Selective and voluntary action by a third- party to implead the convicted party, which provides the conditions for the execution of the sentence.
Regarding the execution of rulings in the Court of Administrative Justice, we are faced with two articles 57 and 116 of the Law on the Organization and Procedure of the Court of Administrative Justice, the first article deals with the main third- party protest and the second article deals with the executive third- party protest. According to the provisions of the Civil Procedure Code, after the issuance of the sentence, the voluntary interference of a third- party has a special title and can be done in two ways: A- Appeal (including appeal). B- Protest to the verdict or decision, where the third- party has not been present and involved in the proceedings, which also has two forms, either raised by the third- party initially (main) or is in response to the citation of his party in a lawsuit to a verdict that Which has previously been issued in connection with another lawsuit. (interpleader).
In accordance with the provisions of the Law on the Organization and Procedure of the Court of Administrative Justice, the third- party protest has been predicted in two ways: the main third- party protest and the executive third- party protest and considering that the articles in the law of the Court regarding the execution of judgments are brief, in the case of silence, conciseness and ambiguity, we can refer to the general rules of civil proceedings.
The main objective of the present study is to examine the rights and obligations of third parties in the process of enforcing civil judgments. Despite the importance of the third- party role in enforcement operations and the frequency of lawsuits arising from the positive role of third parties; In the field of the present study, no comprehensive and independent research has been done so far. By conducting this research and using its results, we can hope to improve the resolution of the cases that are somehow related to the affirmative role of third parties. Also, the results of the present study will considerably help to establish a transparent system and discipline in the enforcement of civil judgments.
The lack of a clear procedure and the diversity of judicial procedures have led to the fact that sometimes different tastes disrupt the rights of individuals. The main question is what are the rights and duties of the third- party in the enforcement of civil judgments and the Court of Administrative Justice? The results of the present study show that in the stage of execution of sentences, the third- party has rights such as objecting to the sentence, requesting the execution of sentences and has either negative or affirmative duties. The research method in the present research is descriptive-analytical and in the collection of resources, the library method has been used.
