أنسنة قواعد التنفيذ العيني الجبري بين متطلبات تطوير نظام التنفيذ وعدم أهدار حقوق الدائن

Abstract

The main idea of this topic deals with the humanization of the implementation methods by making them meet the requirements of developing implementing rules and fulfill the international human rights standards. The research aims to find executive means that achieve a balance between the creditor's interests and the debtor's rights, by focusing on making the rules of compulsory enforcement effective rules in which the creditor will use effective executive means to compel his debtor to fulfill his obligation. On the other hand, this should not be done through executive means that degrade the debtor's dignity and humanity. If it is necessary to keep some means that violate human rights rules in place, they must be limited in scope and subject to controls. The study identified the problem of the existence of executive means that, while allowing the creditor to fulfill his right, limit the freedom of the debtor and affect his personal rights, such as preventing the debtor from traveling and imprisoning the debtor as a means recognized under old laws, which has been abandoned by the majority of modern legislation following the development of legal thought in this regard. As a result, the tendency to humanize specific implementation rules will contribute, on the one hand, to meeting international human rights standards and mitigating or possibly canceling traditional forced implementation methods; on the other hand, it will contribute to develop implementing rules and increasing the efficiency of implementation departments by bringing them in line with human rights rules.