السندات الخاصة ذات القوة التنفيذية (الأساس- الفعّالية) دراسة تأصيلية تحليلية مقارنة | ||
| مجلة الدراسات القانونية والاقتصادية | ||
| Article 10, Volume 8, Issue 2, June 2022, Pages 879-1075 PDF (3.97 M) | ||
| Document Type: المقالة الأصلية | ||
| DOI: 10.21608/jdl.2022.241880 | ||
| Author | ||
| أحمد سيد أحمد محمود | ||
| أستاذ قانون المرافعات المساعد کلية الحقوق – جامعة عين شمس | ||
| Abstract | ||
| This study reveals a new type of executive titles, which depart from the ordinary and normal framework, relying on the private will of the stakeholders, not on the will of the judge. In any event, the executive title is no longer replaced by a "public procedural act". The Egyptian legislator adopted, with great timidity, the idea of private titles with executive power, compared to his French counterpart, especially since the environment in which these titles are formed is far from the "process" and the principles of litigation. Thus, private executive titles provisions and scope must be narrowly interpreted that are neither expanded nor measured. The executive private titles varied according to the intervention of the public authority in granting executive power, whether it was the judge but with a new role, namely the granting of executive power, notaries, or otherwise, such as the process server and the lawyer, or without the intervention of the public authority at all, and accordingly to the environment in which it was formed in terms of the existence of a process or not. The non- judiciarisation as a technical basis for executive private titles is aimed at achieving credit, economic efficiency, the logistics of litigation, opening up a new market for legal professions, the quality of justice and participatory justice. A manifestation of the social justice is that some of these private executive titles are linked to family relationships that deserve to be quickly healed. The origin of the private executive title requires the intervention of the public authority, but some legislative policies in some countries were out of it, as it does not require the intervention of the public authority in the granting executive power, as in the financial lease in Egypt and some titles in the legislation of some Arab countries. Executive private titles do not contain jurisdictional action and therefore do not have the res judicata, so their effectiveness is incomplete and relative, resulting in a general or even operational private title. | ||
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