The Journal of Critical Analysis of Judicial Decisions

The Journal of Critical Analysis of Judicial Decisions

litigation of Bank Debtors Subject to Travel Ban Pursuant to the Legal Bill Banning the Exit of Bank Debtors; Criticism of a judicial decision

Document Type : A critique of a judgment of the Administrative Court of Justice

Authors
1 Faculty of Law, Imam Sadiq (AS) University, Tehran, Iran
2 Faculty of Law, Imam Sadeq University, Tehran, Iran
Abstract
One of the issues that always puts the collection of bank claims at risk is the departure of the debtor and his guarantors from the country and, consequently, their debt remaining uncollected; for this purpose, one of the measures that the banking network takes against debtors is to prohibit their departure. This prohibition can be pursued by three authorities: criminal authorities in the capacity of issuing a criminal security order, the departments of the execution of official and enforceable documents in the capacity of implementing Article 17 of the Passport Law approved in 1972 and the regulations for the implementation of the provisions of official and enforceable documents, and the Central Bank in the capacity of implementing the bill prohibiting the departure of bank debtors approved in 1979. In the third paragraph, given that prohibiting persons from leaving the country requires obtaining a judicial order, the Central Bank, at the request of the operating banks, requests the prohibition of the departure of debtors from the prosecutor's office, and the prosecutor's office takes action to implement it. Therefore, the nature of this prohibition and the origin of its creation are unclear to the courts and have led to differences in procedure, such that some courts believe that the issue is subject to appeal to the Central Bank, some believe that it is necessary to raise and examine the issue in favor of the acting bank, and some believe that the issue is non-appealable. With this description, the present article attempts to discover the nature of this prohibition through a critical examination of a ruling in this regard. The results of the investigation show that imposing a ban on individuals from leaving the country is a sovereign act, and the Court of Administrative Justice is competent to hear complaints from individuals regarding this matter. Given that the Central Bank notifies the Attorney General of the names of individuals banned from leaving the country, and this bank acts in accordance with the laws in accordance with one of its sovereign powers, if there is a mistake or error in its actions, individuals can file a complaint with the Court of Administrative Justice.
Keywords

- Books
1.      Ardebili, Mohammad Ali; 2021; General Criminal Law (3); Tehran; Mizan
2.    Emami, Mohammad and Stovarsangari, Kourosh, 2022; Administrative Law; Tehran; Mizan
3.      Rezaeizadeh, Mohd Javad; 2022; Administrative Law (1); Tehran; Mizan
4.      Khaleghi, Ali; 2022; Criminal Procedure Code; Tehran; Mizan
5.    Molabigi, Gholam Reza; 2019; Jurisdiction and Procedure Code of the Administrative Court of Justice; Tehran; Jangal
- Articles
6.    Khoroshi, Abdol Azim and Hokambadi, Ali Akbar; 2021; Development of Strategies for Dealing with the Obligor Who Resists Obligation; Scientific-Specialized Quarterly Journal of Legal Encyclopedias; 56-76.
7.    Mansourabadi, Abbas and Mansourabadi, Ali; 2025; Rule of Law and the Principle of Legality of Criminal Law; Bi-Quarterly Journal of Research and Development in Public Law; 348-382. 10.22034/jrpl.2025.2055691.1139
- Laws and Regulations
8.      Constitution approved in 1978
9.      Administrative Court of Justice Law approved in 2022
10.   Bill prohibiting the withdrawal of bank debtors dated 02/20/1359
11.   Central Bank Circular No. 337794/95 dated 10/25/1395
- Judicial Decisions
12.  Judgment No. 140231390001505093 dated 06/12/1402 issued by the Appeals Branch of the Administrative Court of Justice
13.  Judgment No. 140131390002138613 dated 09/12/1401 issued by the First Instance Branch of the Administrative Court of Justice