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Mechanisms of compulsory specific execution and its impact on the personal and financial rights of the debtor, a comparative study | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Volume 15, Issue: 2 part 1, September 2024, Pages 601-622 PDF (568.48 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2024.185011 | ||
| Authors | ||
| Israa Ghanem Hamid* 1; Yaser Basim Al sabaawi2 | ||
| 1College of Law / University of Mosul | ||
| 2جامعة الموصل -كلية الحقوق | ||
| Abstract | ||
| The research of study deals with the mechanisms of obligatory in-kind implementation and its effect on the financial and personal rights of the debtor. In this sense, the using of rules of obligatory implementation must be corresponded with means which forces the debtor to implement his / her obligation in a way that makes it void of strictness and everything that goes against human’s dignity and liberty because the relation between rules of obligatory implementation and the human rights are interfered with each other in a form that guarantees the protection of basic rights for the weak party namely the debtor. At the same time, it is regarded as constraints and guarantees for each party of transaction. The research is distributed into two sections preceded by an introduction about what is the optional implementation. The first section includes the legislative means of obligatory in-kind implementation whereas the second section deals with the effect of means of obligatory in-kind implementation on the debtor’s rights. After researching these two concepts, we have been concluded to a group of results. One of them is that the Iraqi legislator sets regulations and constraints on the mechanisms of obligatory implementation for the sake of protecting the debtor’s rights from compromising his / her dignity and violating the humanity. In order to find an equilibrium between the debtor and creditor in a form that guarantees the protection of their basic rights. | ||
| Keywords | ||
| mechanisms of implementation; financial means; constraints | ||
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