نویسندگان
1 استادیار گروه حقوق خصوصی دانشکده حقوق و علوم سیاسی دانشگاه تهران
2 دانش آموخته کارشناسی ارشد حقوق خصوصی دانشگاه تهران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
The protest of a third party generally involves three categories of actions: Tierce Opposition; Third Party's Declaration; and Third Person's Protest such as mentioned in fifth section of Civil Judgment Enforcement Act. Therefore, there are some differences between Third Party's Opposition to a judgment and Third Person's Protest to enforcement proceedings in regard of concept, sphere and the proclaimed rights; the first one based on Principle of Relativeness of Judgment and the second one settled on Defense Right and the principle derived from it. In fact, Third Person's Protest, regardless of judgment, merely about the seizing of a property which is not subject of a judgment directly would be proposed. This action depended to its proof has been divided to of Third Party's Declaration and Third Person's Protest. Although, we can find similarities between these two actions in party initiative, court's decision, appeal but, in respect of enforcement proceedings on a specific property there are deep distinctions between them in competence of court, formalities, incident actions and place or time of proof.
کلیدواژهها [English]
