Ahad Gholizadeh Manghutay
Abstract
Civil Procedure Act deems securable not profit claim’s object itself but its equivalent. That Act once allows the defendant’s wage (equivalent of his profits) to be secured, but, later it accepts securing from lands and gardens outcome (profit itself). This is ambiguous. Civil Judgments Enforcement ...
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Civil Procedure Act deems securable not profit claim’s object itself but its equivalent. That Act once allows the defendant’s wage (equivalent of his profits) to be secured, but, later it accepts securing from lands and gardens outcome (profit itself). This is ambiguous. Civil Judgments Enforcement Act as well repeating the possibility of seizing losing party’s wages, seizing lands and gardens and non-following of seizing profits of immovable properties from their substance, brings about more complete relevant regulations. In addition, in Commerce Act security from equivalent of dividends of defendant’s stocks or shares or seizing those equivalents as well seizing profits possessed by bankrupt person have been set before. Attached profits are not separable from substance so they are not discussed here. Separable profits can be collectable or in current. Collectable profit is deemed as substance so it by itself can be secured or seized. Legislature’s not taking notice of this matter has led to this duality. As current profit gets moment by moment vanished and substituted, it ruins by security or seizure. Albeit, seemingly despite legislature’s ignorance judgment enforcement department can change in current profit into its equivalent and secure or seize that equivalent.
