حتمية مراجعة الإطار التشريعي لإجراءات التنفيذ حماية لحقوق الدائنين نظام الإفصاح کوسيلة إجرائية لتيسير إجراءات التنفيذ | ||
| مجلة الدراسات القانونية والاقتصادية | ||
| Article 4, Volume 8, Issue 2, June 2022, Pages 258-289 PDF (1.47 M) | ||
| Document Type: المقالة الأصلية | ||
| DOI: 10.21608/jdl.2022.240732 | ||
| Author | ||
| هدى مجدى نور | ||
| دکتوراة فى القانون | ||
| Abstract | ||
| Compulsory execution achieves a fundamental interest in protecting the rights of individuals and national and foreign entities, and the conjunction of enforcement procedures with means of coercion under the supervision of the enforcement judge allows him to monitor not only the correctness of the procedures, but also the suitability of the procedures. It is considered a consecration of the practical objectives of the execution in reaching the judicial ruling, as well as the rest of the executive bonds, in order to achieve realistic justice, and in support of the importance of implementing the bonds through easy and effective procedures, to instill confidence and the effectiveness of implementation procedures that to protect the rights of creditors. Adoption of a disclosure system obligating the debtor to disclose his funds or assigning the competent authorities ,this disclosure aims to achieve the objectives of executive protection by procedures that are not an end purpose in themselves, but merely a means to give judicial protection to substantive rights, and it is inspired by the will of the legislator to achieve justice among the litigants, and it is the place of the opponent’s money, and the implementation of the duty of disclosure falls on the debtor or persons outside the judicial dispute. And the disclosure procedure, and the road is cut off from the procrastinating debtor by compelling him to perform the right and his interest in the implementation that is not burdensome without stripping him of his freedom and dignity. This includes the implementation of court rulings as well as arbitration provisions, as they are subject to the same implementation procedures, and the state’s keenness to ensure implementation is necessarily reflected efforts to modernize legislation and remove any difficulties or obstacles that prevent the right from reaching its owners, so that the state ensures the rapid completion of implementation procedures, establishes controls to ensure its application, monitors the non-abuse of the right with the help of technical means and measures that ensure compatibility between reality and the law. | ||
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