النفاذ المعجل في النظام الإجرائي السعودي : دراسة مقارنة | ||
| مجلة الدراسات القانونية والاقتصادية | ||
| Article 7, Volume 8, Issue 2, June 2022, Pages 407-522 PDF (1.44 M) | ||
| Document Type: المقالة الأصلية | ||
| DOI: 10.21608/jdl.2022.241842 | ||
| Author | ||
| هشام موفق عوض | ||
| أستاذ قانون المرافعات المساعد قسم القانون الخاص- کلية الحقوق جامعة الملک عبد العزيز – المملکة العربية السعودية | ||
| Abstract | ||
| Abstract: The study focuses on the development of the rules for the expedited execution of judgments and court orders in the advocacy system as a general procedural system, as well as the development of some special procedural systems, such as the enforcement system and the system of commercial courts. The study aims to highlight the shortcomings of these rules and to present proposals to avoid them after reviewing the opinions of jurists and the position of certain comparative laws, perhaps revealing to the Saudi regulator the rules to be modified, abolish, or add. The study was divided into three sections, the first on the nature of expedited enforcement, the second on types and cases of expedited execution, and the third on procedural safeguards for expedited enforcement. Among the main findings of the study, the regulator has increased interest in expedited enforcement in the new system of commercial courts by expanding the types of expedited enforcement procedures both legal and judicial, while the old system is limited in accelerated judicial execution. The Saudi system has also distinguished itself by granting the body which rendered the judgment referred to in the expedited execution the power to suspend the execution before submitting it to the court of appeal if that body fears that serious prejudice will arise from the execution of the judgment with an explanation of the reasons which led to the annulment. Among the main recommendations of the study, the conflict between the text of the article (169) of the Law on the pleading procedure and its implementing regulations (article 169/2) with reference to the principle of progressivity in the legislation and the 'inadmissibility of the violation of the rule inferior to the rule superior to it, and adding a paragraph in the executive regulations to Article (34) of the enforcement system which stipulates in paragraphs 1, 2 and 3 of article 9 of the enforcement regime, and expanding the scope of rapid enforcement cases in the commercial court system to include objective commercial judgments with the obligation to provide a guarantee and not limit to urgent commercial matters like the comparative legislation. | ||
| Keywords | ||
| Expedited Execution; Executive Force of Judgments; Judicial Orders; Temporary Protection; Suspension of Execution | ||
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