The Quarterly Journal of Judicial Law Views

The Quarterly Journal of Judicial Law Views

Analysis of the legal status of auction-based transactions in the event of Annulment of Auction

Document Type : Research/Original/Regular Article

Authors
private law, Faculty of Law and Political Science, Ferdowsi University of Mashhad, Mashhad, Iran
10.22034/jlvi.2026.2072902.1464
Abstract
The most common mechanism for enforcing civil judgments is the seizure and sale of the property of the convicted person, and this sale is generally carried out through auction. The auction held by the execution of civil judgments of the judiciary is, in some cases, annulled by a court ruling. Now, if the winner of the auction has performed a legal act with respect to the property subject to the auction after the auction and before its annulment, it is necessary to analyze the effect of the annulment of the auction on the aforementioned transaction; on the one hand, the basis of the transactions under consideration is based on a transaction based on the annulled auction, which suggests its invalidity, and on the other hand, the legitimate trust of individuals in the actions of public authorities and the judicial system is worthy of protection and justifies the validity of the contract. The present fundamental research, using a descriptive and analytical method, by explaining and analyzing various legal situations, while criticizing the legal situations of absolute invalidity, relative invalidity, lack of influence of consideration and suspended lack of influence, has introduced the status of "non-invokability" as the most appropriate option as a status provision of the contracts under consideration.relative invalidity, lack of influence of consideration and suspended lack of influence, has introduced the status of "non-invokability" as the most appropriate option as a status provision of the contracts under consideration.
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Articles in Press, Accepted Manuscript
Available Online from 26 July 2026

  • Receive Date 27 September 2025
  • Revise Date 23 May 2026
  • Accept Date 17 May 2026