Challenges and Barriers to Electronic and Traditional Auction Operations in Iran's Law System
In public law,and especially in administrative law,auction is one of the types of administrative contracts.Due to the presence of public interest element in administrative contracts, the auction as one of the examples of these contracts is subject to special procedures that have been considered by the legislator in order to prevent abuse and corruption. Electronic auctions in the field of administrative contracts have been considered in recent years and its mechanism is provided in a regulation. In private law and in the discussion of the enforcement of judicial rulings, one of the most important stages of enforcement is the auction and sale of movable property of the convicted or liable(debtor)Although the purpose of obtaining a final judgment or preparing a binding document for the convicted person or the beneficiary of the document is to obtain claims or fulfill obligations, but such a goal is not achieved simplybyissuing a sentence or preparing a document.In fact, enforcement,which is acontinuation ofthe litigation process andthe issuanceofthe document, is not easily carried out in the judiciary and registration authorities.Due to numerous obstacles and problems, the path of executive operations, especially in relation to property auctions, faces serious challenges.Many of these obstacles and gaps are due to the legislator's silence in stating some auction rules and regulations, including electronic auctions or auctions, lack of property identification system, ambiguity at the time of electronic auctions, cancellation of third parties, complaints about the execution order and others.Cases.Resolving it depends on amending and revising the relevant laws and regulations
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