Procedure of the Elimination of Barriers Commission in Article 54 of the Elimination of Production Act and the Judicial Effects of Decision of Commission.

Document Type : Original Article

Authors

1 Student of Islamic Azad University, Gorgan Branch

2 Doctor of Private Law and Assistant Professor of Law, Islamic Azad University, Gorgan Branch

3 Assistant Professor of Law, Gorgan Branch, Islamic Azad University, Gorgan, Iran

Abstract

In Article 54 of the Law on Elimination of Barriers to Competitive Production and Upgrading the Financial System of the Country and Subsequent By-Laws, the legislator has delegated broad powers to a body called the "Interference Elimination Commission" its purpose is to eliminate conflicts in the land’s area, establish a single institute for resolving disputes and finally, removing barriers to production and improving the economy, if the land is the subject of a simultaneous dispute between the said commission and the court, some courts, after inquiring about the matter from the commission, will issue a warrant until the outcome of the investigation is determined in the relevant authority, which seems to be a step forward to create the structure of the unit should be in order to resolve disputes in the land’s area. Since the mission of the commission is land dispute resolution and it is assumed that it has the necessary and sufficient expertise and experience in this area, so in case of conflict, it can probably be said that the issue is a case of retrial according to the Code of Civil Procedure.

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