Feasibility study of the simultaneous claim of obligations documented in the Executory document from the competent authorities in the light of review of laws jurisprudence and legal doctrine

Simultaneous claims of debts documented in the executory document are among the common cases in the Iranian judicial system, which are carried out by obligees with motives such as pressuring the debtor to perform the debt, speeding up the collection of claims, and etc. In this regard, sometimes the whole debt is demanded from two authorities simultaneously , and sometimes debt is divided into two parts, and each part is demanded from a authority. However,the legal status of this obligee’s measure in the Iranian legal system is unclear due to the existence of conflicting views in the dimensions of legislative, judicial and legal doctrines. Some have taken this measure as correct and others have ruled that the obligee has no authority to demand it simultaneously. Based on this, the question can be raised that in the Iranian legal system, what are the limits of the authorities of the obligee in claiming the obligations documented in the executory document? And in particular, what effect does the pursuit of the obligations contained in the executory document through a competent authority have on the possibility of pursuing simultaneously in another authority? This research with a descriptive-analytical method and based on documentary-library studies, has concluded that obligee’s measure in simultaneous claim is unjustifiable on the basis of legal theories and cannot be correct. Accordingly, due to lack of comprehensiveness and lack of explicit legislation, it has submitted proposals to amend the applicable regulations.