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reciprocal enforcement of judgments act

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جديد2 reciprocal enforcement of judgments act

مُساهمة من طرف dailyeg 2022-05-29, 13:56

reciprocal enforcement of judgments act

Law of reciprocal execution of sentences
Article 288 establishes that expedited execution without bail is mandatory with the force of law for sentences issued in summary matters.
Whichever court issued them, and orders issued on petitions unless the judgment or order provides for the provision of a bond.
Article 290 specifies the cases of accelerated execution of sentences.
Provided that an expedited execution order may be ordered, with or without bond, in the following circumstances:
Resolutions are issued for the payment of expenses, wages and salaries.
If the sentence was issued in execution of a previous resolution that has the force of order required or is covered by the expedited execution without bail.
Or if it was based on an official document not contested for forgery when the convicted person was a litigant in the previous sentence or party to the bond.

The sentenced person has recognized the creation of the obligation.
If the sentence was based on a customary document, the convicted person did not deny it.
If the sentence was issued in the interest of the person requesting the execution in a controversy related to it.
If the delay in the execution results in serious damage to the interests of the convicted person.
Related articles of the law of reciprocal execution of sentences
Article 292 establishes that, in all cases, the court before which the appeal or complaint is filed may order, at the request of the interested party, the suspension of the expedited execution if it fears that serious damages will be caused by the execution and the performance. The reasons for appealing the judgment or order are likely to set it aside.
Require the presentation of a guarantee or order what it deems appropriate to guarantee the maintenance of the right of the convicted person.

reciprocal enforcement of judgments act

Article 293 establishes that, in cases in which the sentence or order cannot be executed except on bail, the obligor may choose between presenting a capable guarantor.
Either by depositing sufficient money or securities in the court treasury, or by accepting the deposit of the execution which takes place in the court treasury.
OR Deliver the thing ordered in the judgment or order to a capable guardian.
The notification of the option of the person obligated to make the bond will be made either by notifier on a separate page.
Or within the announcement of the executive document or the transfer document to be paid.
In all cases, the act of reciprocal execution of sentences is the notification of the option that must include the designation of a domicile chosen by the applicant for the execution.
Paperwork related to the bail dispute will be posted.
Terms of the law of reciprocal execution of sentences
What are the terms of the reciprocal execution of the act of sentences? The sentence is valid for forced execution in the following cases:

This sentence eliminates the executive form. The executive formula is announced to the sentenced person so that he is informed of the initiation of the execution procedures as a valid announcement.
The judgment must 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 proceedings, the inmate did not complain, not even to the executive assistant.
Or presenting the forms before the competent court with the usual means.
He was not challenged by the appeal that included an urgent request for a stay of execution and was accepted by the Court of Cassation.
And these are the terms of the Law of reciprocal execution of sentences.

reciprocal enforcement of judgments act

Expedited judicial execution due to urgency in the execution:
This is the general rule in accelerated judicial execution.
The preliminary ruling can be included in an accelerated execution obligation if the interested party requests the element of urgency in the request.
Part of the urgency is available if the delay in implementation results in severe harm to the interests of the convicted person.
The applicant estimates this damage to include the sentence of accelerated execution, and the court will reevaluate it.
The judge has wide discretionary power to extract serious damage, and the applicant must prove said damage and prove the extent of its seriousness.

dailyeg
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