THE MAREVA INJUNCTION AS A MEANS OF AFFORDING PROTECTION TO THE INTERESTS OF CREDITORS / | ||
| مجلة الدراسات القانونية | ||
| Article 3, Volume 48, Issue 1, June 2020, Pages 178-201 PDF (532.98 K) | ||
| Document Type: المقالة الأصلية | ||
| DOI: 10.21608/maal.2020.149886 | ||
| Author | ||
| Ù…Øمد سعود العنزى | ||
| Abstract | ||
| The English Legal system of the earlier days had sought to build a very efficient system of remedial justice for the people in regard to various matters, civil and criminal, but one of the segments of the system, namely, the Common Law in course of time had become so rigid and so technical in certain respects that a deficiency had crept into the system of granting remedies in regard to certain situations. Because of the rigidity of principles and the technicalities of procedures the law was not in a position to help the persons in difficulty. The principles of Equity rose to the occasion and came to the rescue of such helpless creditors. So much so that the English court met the challenges of the time through its innovative mechanism of remedies like the Mareva Injunction and the Anton Pillar Orders and afforded protection in its own way to the creditors. Thus, the remedy of Mareva Injunction having its basis in the Principles of Equity was one of the most significant contributions of the English Law to the system of remedies. | ||
| Keywords | ||
| MAREVA | ||
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