The Personal Scope of Execution Disputes
DOI:
https://doi.org/10.65263/v15bgk47Keywords:
: Execution Disputes, Personal Scope, Execution Parties, Third Party, Enforcement Justice.Abstract
This research examines the personal scope of compulsory execution disputes under the Iraqi Enforcement Law and the Egyptian Civil and Commercial Procedures Law. It analyzes the legal status of the primary parties to enforcement proceedings (the creditor and the debtor), focusing on the prerequisites of legal interest, standing, and capacity. It also addresses the legal standing of third parties intervening to protect their assets. Furthermore, the study evaluates the jurisdictional roles of enforcement authorities—namely, the Enforcement Justice and the Court of Appeal in its cassation capacity in Iraq, compared to the Execution Judge and the Court of First Instance acting as an appellate court in Egypt—concluding with practical recommendations to streamline proceedings and secure enforcement stability.
References
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Second: Research Papers
1. Hamid, Rasti Yusuf, Practical Challenges Facing Enforcement Directorates in the Implementation of Judicial Decisions, Research Paper Submitted to the Higher Institute for the Preparation and Qualification of Leaders / General Secretariat of the Council of Ministers, Iraq.
Third: Legislation
1. Egyptian Code of Civil and Commercial Procedure No. (13) of 1968, as amended.
2. Iraqi Code of Civil Procedure No. (83) of 1969, as amended.
3. Iraqi Enforcement Law No. (45) of 1980, as amended.
Fourth: Judicial Decisions
1. Decision of the Baghdad Court of Appeal in its Cassation Capacity, No. 631/T/1990, issued on August 28, 1990.
2. Decision of the Wasit Court of Appeal in its Cassation Capacity, No. 523/Certified, undated.
3. Decisions of the Egyptian Court of Cassation concerning Enforcement Disputes.
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