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A Concise Guide to the Principles of Enforcement by Prof. Dr. Jamal Al-Din Abdullah Meknas
JOD
Get it by 5 Aug | Order in 3 Hours 13 Minutes
A key component of a final judicial ruling, which includes the delivery of a right to the party in whose favor it was issued, and a complement to a legally recognized established right, is that the right-holder possesses the authority to compel the convicted party or debtor to execute what has been decreed or what they have committed to.
A French jurist once said: "A lawsuit is won twice: once before the trial courts and once before the enforcement departments." This statement highlights the complexity of enforcement principles on one hand, and their practical importance on the other.
The principles of enforcement bring to the forefront procedural and substantive issues that are no less important than those raised by other legal studies. This is due to their great significance in jurisprudence and judicial practice, stemming from the daily and practical application of enforcement rules.
In this study, we will explain the principles of enforcement in civil and commercial matters in accordance with Law No. (25) of 2007 and its amendments issued by Law No. (3) of 2019 and Law No. (9) of 2022. We will focus on the new and updated aspects of this law and their implications in terms of facilitating and speeding up procedures to enable the right-holder to access their right, as well as the extent of any guarantees added by the law to achieve this.
We have divided this book into two parts. The first part addresses the general provisions of enforcement principles, where we will review the competent authority for enforcement, the parties to the enforcement file, and litigation in enforcement. The second part examines the special provisions of enforcement principles, covering the rules for seizing movable and immovable property, the procedures for their execution, and their sale by public auction. We will preface this with an introductory chapter that clarifies the concept of enforcement principles, their nature, and their relationship with other laws by defining their position within the branches of law.
We hope, with God Almighty's help, that this book will serve undergraduate (Bachelor's) students, aiding them in understanding the principles, procedures, and provisions of enforcement, and acquainting them with the most prominent rules and regulations for enforcement in civil and commercial matters, thus achieving its intended purpose.