منازعات التنفيذ الموضوعية في قانون التنفيذ الفلسطيني رقم 23 لسنة 2003 "دراسة مقارنة"
Date
2020-06-04
Authors
نسرين أمين عطا النجار
Nisreen Ameen Atta Najjar
Journal Title
Journal ISSN
Volume Title
Publisher
Al-Quds University
Abstract
The Palestinian Execution Law organized the execution disputes and its problems as obstacles that raise during the execution phase with the intention of objecting the execution, so the researcher divided this study into two main chapters preceded by an introductory chapter, the introductory chapter dealt with execution disputes in general, where the Palestinian Execution Lawcame limited in its definition of those disputes related to the procedural aspect, which is the temporal issues that the execution judge considers as urgent issues judge.
The law has arranged a very important impact on presentation of this issues if it is the first in the executive case, which is the suspension of execution, in an attempt by the legislator to balance the rights and interests of the applicant and the executor against him. As for the dispute that relates to a request for an objective judgment, which is considered by the execution judge as a subject judge in which the origin of the right is addressed, it is a substantive execution dispute, also file in the usual wayto file a lawsuit, and the legislator did not have a standing effect on it such as in temporal disputes, except in some cases where a text has been provided.
These substantive disputes may be based on movable or immovable property, so the Palestinian legislator organized pictures of substantive execution disputes contained in the movable property, including: the restitution claim that the legislator arranged to file for execution, but this effect is limited to the first restitutionclaim, and from the substantive disputes dealt with the first chapter by the study and research as well, the dispute of release to the debtor with others. This lawsuit did not have the filing effect with a suspension of execution, obligation of foreclosed debtor to inform the Garnishee for such lawsuit, this inform has an important impact which is the commitment of Garnishee to refrain from fulfillinguntil the subject of the case has been decided, in addition the legislator provided another picture of the substantive disputes contained on the movables and this picture is a special system for seizing for the debtor to others, which is the dispute of the report, including the liability.
As for the immovable property, it has other forms that the legislator has stipulated which is the entitlementsuit, and objection on the list of saleconditions, this is what the second chapter dealt with. When proceeding with the execution procedures on the non-movable property and seizure it,there is a need for preliminary procedures prior to the sale process, through the submitting the list of conditions of sale, this submitting may result in objections leading to the suspension of the sale procedures, Therefore, objection to the list of conditions of sale is considered a dispute related to the validity of the procedures or their invalidity from the substantive point of view. The legislator arranged for merely submitting it to stop the sale procedures by force of law. As for the sub-entitlement suit, which its subject of the request for a third-party property report on immovable property, and the invalidity of the execution procedures on the property, filing does not entail suspension of executionas is the case when the first restitution claim is filed. The suspension here needs to be issued by theexecutionjudge.
This study has reached many conclusions and recommendations, the most important of which is the need for the legislator to review some of the provisions and texts of the Execution Law relating to substantive execution disputes, by putting a legal system that ensures that there is a definition of substantive execution disputes, as well as the temporal disputes.
Description
Keywords
Citation
النجار، نسرين أمين. (2020). منازعات التنفيذ الموضوعية في قانون التنفيذ الفلسطيني رقم 23 لسنة 2003
"دراسة مقارنة" [رسالة ماجستير منشورة، جامعة القدس، فلسطين]. المستودع الرقمي لجامعة القدس.
https://arab-scholars.com/ddaa01