The specificity of judgment in enforcement issues in Algerian law: Between provisional and summary justice
Keywords:
Problem, Implimentation, Urgency, Origin of right, Temporary judjmentAbstract
This study deals with the issue of the specificity of the ruling that resolves enforcement issues. It goes without saying that the judge considering requests to challenge a judgment is examining the question of whether to continue enforcement or not, and does not decide on the substance of the dispute, i.e. the origin of the right, and considering that the status of the urgent justice is available to the president of the court and sometimes to the judge considering the request, and in the absence of an enforcement justice system in our country, we address this specificity.
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References
Zouda Omar, Disputes of the Summary Judiciary, Dar Belkis, Algeria, 2023, p. 12.
Ahmed Mleiji, The Work of Judges, Dar Al-Nahda Al-Arabiya, Cairo, 1993, p. 25.
Azmi Abdel Fattah Attia, Rules of Forced Execution in Pleadings Law, Dar Al-Fikr Al-Arabi, Cairo, 1991, p. 324.
Zouda Omar, Forced Execution Procedures, Dar Homa, Algeria, 2019, p. 85.
Wagdy Ragheb Fahmy, The General Theory of Implementation, Dar Al-Nahda Al-Arabiya, Egypt, 1974, p. 60.
Code of Civil and Administrative Procedure, 2008
Youssef Ibrahim, Forms of judicial papers for urgent cases and judicial and administrative enforcement, University Publications House, Egypt, 2003, p. 25.
See Barbara Abdel Rahman, Methods of Execution in Civil and Criminal Matters, Baghdadi Publications, 2013.
Barbara Abderrahmane, Commentary on the Code of Civil and Administrative Procedure, Baghdadi Publications, 2009, Algeria, p. 350.
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