Judicial Law Views Quarterly (Law Views)

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Mohseni H, Dehghani Firouzabadi H. Protection of Business and Production of Private Sector in Enforcement Proceedings. دیدگاه‌های حقوقی 2021; 26 (95) :179-197
URL: http://jlviews2.ujsas.ac.ir/article-1-1647-en.html

Forced enforcement of judicial decisions such as seizure causes difficulties in the production cycle. There are no restrictions on the seizure in the enforcement of sentences against production centers, including legal entities, and the determination of the type of property for seizure is belonged to winner and in contrast to the real persons, the rule of "immunity" is not identified for them. Judicial actions on property of manufacturing centers (whether legal entities or manufacturing enterprises without legal personality), apart from the direct in due impact of economic influence on the looser party of proceeding, produce chain effects during the production cycle. The basic approach is to make the rules clear or correct and prevent the inappropriate effects of this process. Developing consensus solutions, judicial discretion, can be appropriate to support of business and production. This article requires attention to the production in legal entities of private sector and the necessity of supporting their business, although it does not recommend the full immunity of companies and manufacturing centers in enforcement proceedings, but also suggests terms such as period of grace, property and assets categorization and finally taking the Social look to this sector.