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Document Type |
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Thesis |
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Document Title |
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THE ROLE OF ECECUTIVE JUDGE IN APPLAYING FORCED EXECUTION PROCEDURES ACCORDING TO SAUDI EXECUYION LAW دور قاضي التنفيذ في تطبيق اجراءات التنفيذ الجبري في ضوء نظام التنفيذ السعودي |
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Subject |
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Faculty of Law |
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Document Language |
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Arabic |
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Abstract |
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This study has addressed the extent role and procedure that the Executive Judge follows while executing a verdict against the debtor. Therefore does the Executive Judge has the discretionary power to balance between the interest of the debtor and creditor; so that the debtor's right is fulfilled in a manner that does not harm the creditor. Or the role of the Executive Judge is only considered procedural, limited to the conduct and follow the procedures set by the Saudi execution law. Moreover, the scope of this study is limited to the role of the Executive Judge in congealing the debtor and his real estates. This study was based on the analytical descriptive approach, as considered the appropriate approach to achieving the objectives of this study. This study resulted in a number of conclusions and recommendations; where the most important among these result, the Saudi regulator did not delegate to the debtor the authority to choose the money to be subject of congealing upon his desire, but however, leaving it to the discretion of the Executive Judge. Where the Executive Judge chooses from the debtor's money the quickest to be processed in order to meet the loan’s value. In addition, and out of the keen of the Saudi regulator to achieve the balance between creditor and debtor, the legislature has placed restrictions to dilute the principle of the public pledge in order to safeguard the interests of the debtor from any harm. No one from who carries out any of the enforcement procedures or his/her relatives, first-class relatives or any others, or spouses is/are allowed in participating in the auction. As for the recommendations, we recommend clarifying the cases in which suspended funds may be seized, as the system did not specify the cases in which the Executive Judge may order the sale the suspended money. Despite the principle states on not to sell or seize the suspended money. Due to the nature of the money that requires not to be executed or sold, and reference to the item (50) amendment of the system it is requested to remove the issue of refund of the value of the sale from the first auction for the buyer violate to pay. |
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Supervisor |
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Dr. Hisham Mowafaq Awad |
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Thesis Type |
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Master Thesis |
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Publishing Year |
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1439 AH
2018 AD |
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Added Date |
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Wednesday, May 30, 2018 |
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Researchers
| رنا عصام عبد الرحيم | Abdel Rahim, Rana Essam | Researcher | Master | |
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