So what reciprocal enforcement of judgments act? The Civil and Commercial Procedures Law stipulated some cases for the expedited enforcement of judicial rulings and in the third chapter of the law entitled “Expedited Enforcement,” Article 287 stipulates, “It is not permissible to enforce judgments forcibly as long as appealing them by appeal is permissible unless expedited enforcement is specified in the law or ordered in the decision, however, preventive measures may be taken according to it.
Reciprocal enforcement of judgments act
Article 288 stipulates that expedited enforcement without a bond is obligatory by the force of law for judgments issued in summary matters.
Whatever court issued them, and orders issued on petitions unless the judgment or order provides for the provision of a bond.
Article 290 specifies cases of expedited enforcement of judgments.
Stating that an order for expedited enforcement, with or without bail, may be ordered in the following circumstances:
Decisions are issued for the payment of expenses, wages, and salaries.
If the judgment was issued in implementation of a previous decision that has the force of the required order or is covered by the expedited execution without bail.
Or if it was based on an official document that was not challenged for forgery when the convicted person was a litigant in the previous judgment or a party to the bond.
- The convicted person has acknowledged the creation of the obligation.
- If the judgment was based on a customary document, the convict did not deny it.
- If the judgment was issued in the person’s interest requesting execution in a dispute related to him.
- If the delay in execution results in serious harm to the interests of the convicted person.
Related articles of reciprocal enforcement of judgments act
- Article 292 stipulates that, in all cases, the court to which the appeal or the grievance is submitted may order, based on the request of the concerned party, to suspend the expedited enforcement if it fears the occurrence of serious harm from the implementation and the reasons for appealing the judgment or order are likely to cancel it.
- To require the submission of a guarantee or to order what it deems appropriate to guarantee the maintenance of the convicted person’s right.
- Article 293 states that, in cases in which the judgment or order may not be executed except on bail, the obligated person has the choice between presenting a capable guarantor.
- Or depositing sufficient money or securities in the court’s treasury, or accepting the deposit of the execution that takes place in the court’s treasury.
- Or Handing over the thing ordered to be handed over in the judgment or order to a capable guard.
- The notification of the option of the person obligated to bail shall be either by a reporter on a separate paper.
- Or within the announcement of the executive document or the document of the assignment to pay.
- In all cases, the Reciprocal enforcement of judgments act is the notification of the option must include the appointment of a chosen domicile for the applicant for execution.
- The papers related to the dispute in the surety shall be announced.
Terms of reciprocal enforcement of judgments act
What are the Terms of reciprocal enforcement of the judgments act? The judgment is valid for compulsory execution in the following cases:
- This judgment removes the executive form. The executive formula is announced to the convicted person to be informed of the initiation of the execution procedures as a valid announcement.
- The judgment should be related to something discrete because it may not be possible to implement it if it is related to something familiar.
- During the execution of the procedures, the convict did not complain, whether before the executive assistant.
- Or by submitting the forms before the competent court with the usual methods.
- He was not challenged by the cassation that included an urgent request to stay the execution and was accepted by the Court of Cassation.
- And this is the terms of Reciprocal enforcement of judgments act.
Expedited judicial enforcement due to urgency in execution:
This is the general rule in expedited judicial enforcement.
The preliminary ruling may be included in an obligation of expedited enforcement if the stakeholder requests the element of urgency in the request.
Part of urgency is available if the delay in implementation results in severe harm to the interests of the convicted person.
The requester estimates this damage to include the judgment for expedited execution, and the court will re-evaluate it.
The judge has broad discretionary power to extract the severe injury, and the requester must prove this damage and prove the extent of its seriousness.
Mutual enforcement of judgments act related articles
If during the passage of time, one or more of the heirs disposes of immovable property that has not been settled, independently of the rest of the heirs.
It shall be considered that he disposed of it on behalf of or by proxy on behalf of the rest of the heirs, unless there is strong evidence that this disposal was not in that manner.
Considering the previous paragraph, if the plaintiff to recover the immovable property is a minor or incompetent.
The period shall start from the date the plaintiff becomes an adult or incompetent.
To fulfill the purpose of the previous paragraph:
The second article about reciprocal enforcement of judgments act Notwithstanding what is stated in any other legislation:
The period of passage of time does not apply to immovable funds in which the settlement has taken place.
The lease term of immovable property may not exceed ninety-nine years, and if it is held for a more extended period, it shall be returned to ninety-nine years.
Despite what is stated in any other law, the period of passage of time does not apply to immovable funds in which the settlement has taken place.
Despite what is contrary to this in any other law, registration restrictions and royal decrees related to state property and lands are considered.
Their content is judged and worked in the courts without evidence.
And these are all related articles about reciprocal enforcement of the judgments act.
At the end of the articles, we mentioned the reciprocal enforcement of the judgments act.
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