إجراءات التنفيذ على الأموال غير المنقولة وفق قانون التنفيذ الفلسطيني رقم 23 لسنة 2005
ميس خليل عبد مقبول
mays khaleel abd maqboul
This study deals with the subject of execution proceedings taken in regard of the immovable properties in accordance with the Palestinian law of execution no. (23) of 2005 in parallel of similar legislations stated in the Egyption and Jordanian laws, which set forth the rules on Jurisdiction. Where as these legislation established the Jurisdiction to be instituted for the court which the immovable property under execution exists with in the scope of its Jurisdiction. However, execution upon immovable properties shall not be conducted by the creditor or whom he may delegate for this end. If the court grantes his request, then it imposes seizure up on the immovable properties. And the debtors authority to use and dispose of the property is restricted and any action taken by the debtor against the creditor is deemed invalid. The study also deals with the execution proceedings conducted up on the immovable properties in possession of the holder and the sponsor in kind and the anticipated effects, which these proccedings the Palestinian legislator_on contrary of his Egyption peer_ has tallen short in regulating them. The researcher divided the study in two chapters, the first chapter of which discussed execution upon immovable properties and preparing the ground to sell them. The matters covered in this chapter are the nature of immovable properties, the composition of the competent court and it's authority to conduct execution subject to the Palestinian low of execution, the legal nature of execution upon the immovable properties and the conditions that shall be met for this purpose, the proccedings taken to sell the properties in term of impose sezure upon them by the court, hold the properties in possession of the creditor, and hare them in possession of the holder and the sponser in kind. The chapter also covers the matter of putting for ward the list of the selling conditions announcing, and challenging there of who has the right to challenge, and the effects based uponit. The second chapter includes the execution proceeding upon the immovable properties by selling them and the anticipated effects, as it covers the selling procedures as of the day and date of selling these properties in a ccordance with the Palestinian law of execution which specified the day on which the properties may be sold. The chapter also covers the evecutive transaction, announcing to the puplic, and indicating the provislonal reference, and the consequences of the judgment to sell these properties on puplic auction. The reserearcher concluded the study with the most significant results and recommendation she arrived at through this study.