Debtor Imprisonment According to Palestinian Executive Procedural Law Acomparativ Contrastive Study PDF Shadi Osama Ali Mohammad Supervisor(s) Dr. Gha

Debtor Imprisonment According to Palestinian Executive Procedural Law Acomparativ Contrastive Study PDF

Shadi Osama Ali Mohammad

Supervisor(s)

Dr. Ghassan khaled -

Discussion Commity

144 صفحة

Abstract :

Abstract The debtor is committed to the creditor by an association of commitment to give something or do or to abstain from work, and it is natural that the debtor meets his commitment and implement it voluntarily which leads to the expiration of the obligation to fulfill the commitment, organized by the existing legal provisions magazine serves as the law governing civil transactions in Palestine, as well as the Jordanian civil law in Hashemite Kingdom of Jordan. And this was called a fulfillment of a moratorium, even if done by the debtor fear. The legislator organized the Palestinian implementation law, as well as the Jordanian implementation law forcing the debtor to implement his commitment if he refrained in order not to waste rights and spread corruption. The study found that the system of incarceration the debtor is a purely Islamic, therefore, it was my humble opinion, not to deny it as some provides in some laws in some surrounding countries state. The study was opposed by some people because scholars identified that the relationship between the creditor and the debtor is a financial relationship not between two people but that also found criticism from others in that "the imprisonment is merely a means out of the content of the commitment as a means of implementation and not components of the commitment aim to carry the debtor to meet and fulfill his commitment ". Although this is not an effective means of keeping and delivering the rights as stipulated in the surrounding laws about the existence of the state Penal Code of Civil base as some of the housing legislation and unions legislation and insurances is for practical necessities despite the fact that the prison of the debtor is not a criminal penalty but a means to put pressure on the debtor to compel him to implement his commitment by the power of law, as that force which has no legal legislators will effect eligibility and defect satisfactory. The system of debtor imprisonment was imposed, from my point of view it also reduces the bickering between people where someone is afraid of imprisonment, which makes him meets his commitment voluntarily without the need to resort to public authority which leads to economic development. And systems that take a debtor solitary confinement based on the fact that the imprisonment is on the rich debtor what protects human rights, or dignity, he can fill his needs, including he is a playboy that the law must imprison him, because the person who does not respect the law, law will not respect him. The research was divided into three chapters, in chapter one I discussed the implementing authority represented by the chamber of the Court of First Assembly's mandate and Magistrate Court in places where there is no beginning court and by implementation judge, who is the considered the president of the Chamber and by the superintendent of implementation, clerks and reporters who help the judge in addition to the sentenced and the convicted person who are the basis of the lawsuit execution, that we cant imagine an implementation lawsuit a fixed debt by an executive bail and a creditor who has a sentence in his debt and an amount of money and a debtor convicted, without any objection from imprisonment objections. The incarceration of the debtor must be limited to conditions put by the legislator according to his own social, environmental and political circumstances which have relevance and impact on the legal reality. The only condition of Islam is the specified deserved debt and the rich debtor, on which most of the laws stipulated, those laws who took the principle of imprisonment with some changes and other conditions, as well as the Palestinian legislator took these conditions although he set conditions to the availability whether or not the law considers the debtor's ability to meet the rule of law and custody procedures of application and communication in accordance with legal origins followed until the executing officer verifies through a special meeting of the debtor and documents submitted in accordance with regulations and until the issuing of his decision and that is after the expiration of the period of notification to the debtor who does not apply a settlement either payment or installment by creditor acceptance. The Jordanian legislator has a special philosophy of settlement that this is a minimum amount of a quarter of the deserved amount, and the law identified the cases of imprisoning the debtor and it divided them into two cases, the first cases in which the ability of the debtor must be verified and it divided them to several situations: 1) The case in which the debtor does not offer settlement. 2) The case in which the convicted owns enough money to pay the dept. 3) The debt behavior that indicates the purpose of evading the payment. 4) Proving the convicted intent to defect. In the other part of the imprisonment cases, the legislator assumed that the debtor is able to fulfill. These cases are: 1) The persons that the notary certified their ability to pay their debt and those who sponsored the debtor in the execution chamber. 2) Those who are sentenced for personal rights arising from the offense. 3) Those who are sentenced for alimony to the wife, assets or branches or relatives if refrained from alimony. 4) The debtor debt stems from employment. In addition Jordanian law: states 1) Dowry awarded to the wife. 2) Refrain from extradition of the child he was entrusted with conservation, as well as lack of commitment to implementing the rule of view and automatically renews detention pending submission. To prove the debt there are conditions must be determined in accordance with the terms of the law of evidence but there are conditions must be available that prove the financial ability or inability of the debtor, since it is the main reason for the imprisonment, that the creditor is not obliged to investigate about the debtor's money, but the judge is responsible for clarification of the from the submitted data or he should explore the investigations about the debtor to show his money for fear of imprisonment or to release him. Debt has objections where the resolution of imprisonment is not taken against: 1) The person who is not liable for the debt. 2) The debtor who has not attained eighteen years of age and feebleminded and mad. 3) The debtor sentenced for a debt between husband and wife or for debt for the branches on their assets. The Jordanian legislator added these cases to objections of imprisonment: 1) State employees. 2) The bankrupt debtor during the transactions or bankruptcy or the debtor who called protective defense. And finally the incarceration of the debtor does not affect in any way the right of the creditor to receive his debt. 1) The pregnant until the commitment expires, or by the creditor satisfaction by the release of his debtor > 2) There are periods of imprisonment not to reach 91 days a year if the debt a mount was 500 Dinars of less, and not to exceed 91 days a year if the debt a m mount was more that 500 Dinars.

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