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Temporary executive power of judicial rulings (A comparative study( | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 32, Volume 14, Issue: 2 part 2, December 2024, Pages 855-888 PDF (701.66 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2024.152546.1322 | ||
| Author | ||
| Sahera Musa Darawak* | ||
| University of wasit / colleg of law | ||
| Abstract | ||
| The temporary executive power of judicial rulings is an executive effect attached to the ruling that makes it subject to obligatory execution, with the possibility of appealing it through one of the methods of appeal that could lead to its refinement or cancellation, and whose review essentially requires delaying its implementation. In order not to lose the justifications of the legislation of the general principle of implementing judicial rulings, and in order to create a fair balance between the interest of the convicted person and the interest of the litigant in not implementing judgments except those that have acquired the degree of ordinary, irrevocable executive force. The legislation has excluded some provisions and made them temporarily enforceable subject to the outcome of the appeal. The temporary executive power for judgments is the implementation of the ruling before the usual time for its implementation, and it is a temporary implementation that depends on the outcome of the appeal filed. If the court competent to hear the appeal upholds the ruling covered by the temporary executive power, the implementation procedures that have been taken are proven and stabilized, as it is transformed into a regular executive force, even if the ruling is not upheld that this force and all the procedures resulting from it have been cancelled. | ||
| Keywords | ||
| Judicial rulings; executive power; enforcement law | ||
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