The Quarterly Journal of Judicial Law Views

The Quarterly Journal of Judicial Law Views

Electronic Auction and its Challenges in Judicial Precedent

Document Type : Research/Original/Regular Article

Authors
1 Master of Science in Private Law, Faculty of Law, University of Judicial Sciences and Administrative Services, Tehran, Iran
2 Assistant Professor, Department of Private Law, Faculty of Law, University of Judicial Sciences and Administrative Services, Tehran, Iran
Abstract
One of the most critical stages in the enforcement of civil judgments is the auctioning of seized assets. Due to its significance and widespread application, a chapter of the Civil Judgments Enforcement Act of 1977 (1356 SH) is dedicated to the sale and auction of property. Pursuant to the Seventh Development Plan Act (Law of the Seventh Progress Plan), judicial auctions must be conducted electronically. The requirement for electronic auctions is a mandatory law (jus cogens), and parties cannot agree otherwise. Furthermore, the application of statutory regulations in electronic auctions differs from physical auctions; certain formalities and procedures, such as the location and timing of the auction, supervision by the prosecutor's representative, the conduct of the auction by the enforcement officer, and other protocols, are implemented differently in an electronic format. In addition to significant advantages—such as reducing cases of auction annulment, ensuring proper notification, and enhancing information transparency—electronic auctions face challenges and flaws. These include the inability of bidders to identify unauthorized participants, lack of adequate training, and the necessity for a comprehensive "Electronic Auction Directive." Resolving these challenges will facilitate the more effective conduct of electronic auctions.
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Volume 30, Issue 112
Autumn 2025
Pages 69-86

  • Receive Date 08 July 2025
  • Accept Date 11 August 2025