What are the exceptions of religion and what do they include?

What are the exceptions of religion and what do they include : In financial lawsuits, when a person is sentenced to pay money and debt, he is obliged to pay it according to the court order. However, if he does not do this, the other party can take action and collect his claims through the condemned property. Of course, you should keep in mind that this requires the issuance of an executive order and the creditor’s referral to the court’s judgment enforcement unit. However, the creditor who takes action faces a limitation. a limitation according to which the claimant cannot collect all the condemned property. In the meantime, there is a discussion about the exceptions of religion, which is of great importance.

In other words, it can be said that here the legislator somehow acts in favor of the convict. In this article, we are going to address this issue and check what the exceptions of religion include? What are its features and advantages and which authority is competent in it? Stay with us.

Religious exceptions

According to the legal provisions established by the legislator in Iran, some properties are considered as debt exceptions that cannot be seized and sold. This means that the creditor cannot seize and sell this property in order to collect his debt from the debtor.

This issue is determined in various regulations as follows:

Law on how to implement financial penalties
Regulations on the implementation of financial penalties
The feature of religious exceptions
We got acquainted with the general concept of religious exceptions. According to Article 26 of the Code of Execution of Financial Convictions, it is up to the court executing the judgment to determine the examples of this issue in the law and its merits and demerits, respecting the custom and the current circumstances of the person. In addition, the court can refer the matter to an expert if necessary. Now we want to examine some of the advantages and features of this issue that comes with it.

According to Article 27 of the Code of Execution of Financial Convictions, the debtor can, with his consent, introduce the money, which is one of the exceptions to the debt, for the creditor’s satisfaction. That is, if the debtor himself consents, the said property can be removed from the non-seizable property category and given to the creditor.
With the death of the debtor, some of his properties that are covered by this law are removed from this category. In other words, after death, we talk about the property and estate of the debtor. As a result, the debts of the deceased must be paid to his debtors first.

What are the exceptions of religion?

Certainly, after getting familiar with the concept of religious exceptions, the question arises for you, what are the exceptions of religion? In this section, we mention these cases, but you need to know that determining whether a property is one of the examples of this matter or not, depends entirely on the judgment of the judge. According to Article 24 of the Law on the Implementation of Financial Authorities, approved in 2014, this issue includes the following:

A residential house that is in the custody of the convicted person. That is, the residential house must be required by the debtor and be a debtor. However, if this residential house is more than one or, in a customary sense, it is beyond the dignity of the debtor, it can be confiscated.
Furniture necessary for life, which is necessary to meet the essential needs of the debtor and his dependents.
The available food is as much as the debtor and his dependents need.
Scientific research and research books and tools for people of science and research, according to their dignity.
Business tools and tools for tradesmen, artisans, farmers and other people that are necessary for their essential livelihood and their dependents.
The phone required includes a mobile phone and a landline. Keep in mind that if the credit card or debtor’s line has a high financial value, it is not among the debt exceptions.
The amount that is paid as a deposit, if the debtor cannot pay the rent without the deposit amount.

The competent authority in the exceptions of religion

You should remember an important point in the discussion of the competent authority in this matter. We need to know that we want to check the finance for whether it is among the exceptions of religion or not? Or do we want to know whether the presented property is suitable for the debtor or not?

To determine whether the property is proportionate to the debtor or not, the court issuing the judgment is competent.
To determine whether the property is one of the exceptions to religion or not, the court executing the sentence is the judge.
How to apply religion exceptions
In order to conclude, we point out how to apply religious exceptions in legal proceedings. There are two ways to do this. These two forms are:

The court and the enforcement department must comply with the regulations related to this matter during the enforcement operation, without the property owner or interested persons being victimized.
If the money that is subject to this issue is confiscated, the debtor can request the application of debt exceptions. If the court verifies the validity of his claim and examines the propriety of the property, it will immediately issue an order to remove the seizure from the property.