A Research on the Impact of Creditor’s Indigence on the Issue of Debt Exemptions
One of the issues in civil courts has been the exemptions of debt from the past to the present. Jurists and jurisconsult in this issue believe that if debtor owes no property except his home and some other necessities of life, creditor cannot force him to sell the property. Different aspects of debt...
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| Format: | Article |
| Language: | Persian |
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Razavi University of Islamic Sciences
2020-02-01
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| Series: | آموزههای فقه مدني |
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| Online Access: | https://cjd.razavi.ac.ir/article_481_cf2e67775df7154bb784f02505689ff9.pdf |
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| author | Musa Hakimi Sadr Fatemeh Raja'ei |
| author_facet | Musa Hakimi Sadr Fatemeh Raja'ei |
| author_sort | Musa Hakimi Sadr |
| collection | DOAJ |
| description | One of the issues in civil courts has been the exemptions of debt from the past to the present. Jurists and jurisconsult in this issue believe that if debtor owes no property except his home and some other necessities of life, creditor cannot force him to sell the property. Different aspects of debt exemptions have been explored in jurisprudence books and jurisprudential and juridical researches, but what has not been addressed is the impact of financial conditions of the creditor on debt exemptions arbiter. The question of whether the creditor is still in penury can also order the debtor with the exception of some property of debtor? This is the question that has been tried to be answered in this research through jurisprudential, traditionary and law books. In the end, after examining the reasons for the debt exemptions, which are mainly narrations and the rule of distress and constriction negation, what is stated as an answer to this question is that these reasons does not apply to the case where creditor himself or herself is in distress and constriction (insolvency), therefore, debtors’ property can be withdrawn as long as distress and constriction (insolvency) be removed from creditor, even if it is his (debtor) house. if creditor is in distress and constriction (insolvency). |
| format | Article |
| id | doaj-art-5fd9e21dba0c41b4b06b19eb44063790 |
| institution | Matheson Library |
| issn | 2251-936X 2783-3690 |
| language | fas |
| publishDate | 2020-02-01 |
| publisher | Razavi University of Islamic Sciences |
| record_format | Article |
| series | آموزههای فقه مدني |
| spelling | doaj-art-5fd9e21dba0c41b4b06b19eb440637902025-07-31T10:14:08ZfasRazavi University of Islamic Sciencesآموزههای فقه مدني2251-936X2783-36902020-02-01112026528610.30513/cjd.2020.481481A Research on the Impact of Creditor’s Indigence on the Issue of Debt ExemptionsMusa Hakimi Sadr0Fatemeh Raja'ei1Assistant professor at Hakim Sabzevari UniversityAssistant professor at Hakim Sabzevari UniversityOne of the issues in civil courts has been the exemptions of debt from the past to the present. Jurists and jurisconsult in this issue believe that if debtor owes no property except his home and some other necessities of life, creditor cannot force him to sell the property. Different aspects of debt exemptions have been explored in jurisprudence books and jurisprudential and juridical researches, but what has not been addressed is the impact of financial conditions of the creditor on debt exemptions arbiter. The question of whether the creditor is still in penury can also order the debtor with the exception of some property of debtor? This is the question that has been tried to be answered in this research through jurisprudential, traditionary and law books. In the end, after examining the reasons for the debt exemptions, which are mainly narrations and the rule of distress and constriction negation, what is stated as an answer to this question is that these reasons does not apply to the case where creditor himself or herself is in distress and constriction (insolvency), therefore, debtors’ property can be withdrawn as long as distress and constriction (insolvency) be removed from creditor, even if it is his (debtor) house. if creditor is in distress and constriction (insolvency).https://cjd.razavi.ac.ir/article_481_cf2e67775df7154bb784f02505689ff9.pdfdebt exemptionsdistress and constrictiondebtorconstriction negation rule |
| spellingShingle | Musa Hakimi Sadr Fatemeh Raja'ei A Research on the Impact of Creditor’s Indigence on the Issue of Debt Exemptions آموزههای فقه مدني debt exemptions distress and constriction debtor constriction negation rule |
| title | A Research on the Impact of Creditor’s Indigence on the Issue of Debt Exemptions |
| title_full | A Research on the Impact of Creditor’s Indigence on the Issue of Debt Exemptions |
| title_fullStr | A Research on the Impact of Creditor’s Indigence on the Issue of Debt Exemptions |
| title_full_unstemmed | A Research on the Impact of Creditor’s Indigence on the Issue of Debt Exemptions |
| title_short | A Research on the Impact of Creditor’s Indigence on the Issue of Debt Exemptions |
| title_sort | research on the impact of creditor s indigence on the issue of debt exemptions |
| topic | debt exemptions distress and constriction debtor constriction negation rule |
| url | https://cjd.razavi.ac.ir/article_481_cf2e67775df7154bb784f02505689ff9.pdf |
| work_keys_str_mv | AT musahakimisadr aresearchontheimpactofcreditorsindigenceontheissueofdebtexemptions AT fatemehraja039ei aresearchontheimpactofcreditorsindigenceontheissueofdebtexemptions AT musahakimisadr researchontheimpactofcreditorsindigenceontheissueofdebtexemptions AT fatemehraja039ei researchontheimpactofcreditorsindigenceontheissueofdebtexemptions |