Means of dispensing with the debtor in kind execution of the obligation

Authors

  • Lect. Fares Hashem Hussein . Department of Law, Al-Salam College, National University, Baghdad, Iraq

Keywords:

- Dispensing with the debtor. - Means of dispensing. - The creditor. - The debtor.

Abstract

That topic of means of dispensing with the debtor in the execution of the obligation in kind is one of the most important topics, and the most applied in legal practical life, but it is one of the topics that the courts do not stop applying every day in the cases presented to them.                 

This topic is related to an important problem related to the    implementation of the obligation in kind, so getting the debtor to fulfill his obligation in kind is the most important thing that the creditor means, as his will, from the very beginning, tends to obtain in kind execution, and this is also what the debtor's will undertook at the beginning, as well as the logic of fulfilling the Covenant and respecting the Common will, necessitates forcing the reluctant debtor to perform in kind execution of his obligations, and that is why the legislator A Comparative Study between the Iraqi and Egyptian laws.                                                        

 

References

List of sources:

- Adam Wahib Al-Nadawi, Civil Procedures, Al-Atak Book Industry, Cairo, 3rd edition, 2011.

- Amina Al-Nimr, Laws of Procedure, Book Three, Mansha’at Al-Ma’arif, Alexandria, 1982 AD.

- Amina Al-Nimr, Jurisdiction and Arbitration in Urgent Cases, Mansha’at Al-Ma’arif, Alexandria, 1967 AD.

- Ayman Saad Selim, Provisions of Commitment: A Comparative Study, Dar Al-Taawoun for Printing, Cairo, 2010 AD.

- Jaber Mahjoub Ali, Property Rights in Egyptian Civil Law, a comparative theoretical and practical study, Dar Al-Khouli Printing, Cairo, 2011.

- Jaafar Al-Fadhli, Al-Wajeez in Civil Contracts, Sale - and Rent - Contracting, Al-Atak Book Industry, Cairo, 2007.

- Jalal Muhammad Ibrahim, The General Theory of Commitment, Provisions of Commitment, Al-Isra Press, 2000 AD.

- Ramzi Seif, Mediator in Explanation of the Law of Civil and Commercial Procedures, Cairo, 1969.

- Ramadan Abu Al-Saud, Provisions of Commitment, New University House, Alexandria, 2010 AD.

- Suleiman Markus, Al-Wafi fi Sharh Al-Civil Law, Provisions of Commitment, 2nd edition, Dar Al-Nahda Al-Arabiya, Cairo, 1992.

- Al-Sanhouri: - The mediator in explaining Egyptian civil law, the theory of obligation in general, updated and revised by Counselor Ahmed Medhat Al-Maraghi, 1st edition, Dar Al-Shorouk, Cairo, 2010 AD.

- Diyaa Sheet Khattab, Al-Wajeez fi Law of Judicial Procedures, Baghdad, 1973.

- Abbas Hassan Al-Sarraf, Explanation of the Sale and Lease Contracts in the Iraqi Civil Law, Al-Ahali Press, Baghdad, 1956.

- Abdul Baqi Al-Bakri, Explanation of the Iraqi Civil Law, Provisions of Commitment, Part 3, Comparative Study, Al-Zahra Press, Baghdad, 1971AD.

- Abdel Hay Hijazi, The General Theory of Commitment, Provisions of Commitment, Part 2, International Press, Cairo, 1958.

- Abdel Moneim Faraj Al-Sada, Original Real Rights in Lebanese and Egyptian Law, Dar Al-Nahda, Beirut, 1982.

- Ismat Abdul Majeed Bakr, The General Theory of Obligations, Part 2, Provisions of Obligation, Explanation of the Provisions of Iraqi Civil Law Compared to Islamic Jurisprudence, Civil Laws, and the Draft Unified Arab Civil Law in Light of Judicial Rulings, 1st edition, published by Cihan Private University, Erbil, Iraq, 2012 AD.

- Ghani Hassoun Taha, Al-Wajeez fi Al-Asqad Al-Masamah, Part 1, Sales Contract, Baghdad, 1970.

- Muhammad Taha Al-Bashir and Ghani Hassoun Taha, Rights in Kind, vol. 1, 3rd edition, Al-Atak Book Industry, Cairo, 2009 AD.

- Muhammad Abdel Hakim Farag, Judicial Custody in Egyptian and Comparative Law, 2nd edition, Cairo, 1952.

- Muhammad Abdel Khaleq Omar Mabadi Judicial Enforcement, 4th edition, Dar Al Nahda Al Arabiya, Cairo, 1978 AD.

- Muhammad Abdel Latif, Urgent Judiciary, Cairo, 1977, 4th edition.

- Muhammad Ali Ratib, Judiciary of Urgent Matters, Modern Publishing House, Cairo.

- Muhammad Ali Rushdi, Judge of Urgent Matters, Cairo, 1939.

- Mahmoud Muhammad Al-Tanahi, The Executive Image in the Law of Procedures, Dar Al-Nahda Al-Arabiya, 2006.

- Medhat Al-Mahmoud, Explanation of the Civil Procedure Law and its Practical Applications, 3rd edition, The Legal Library, Baghdad, 2009AD.

- Medhat Al-Mahmoud, Explanation of the Civil Procedure Law and its Practical Applications, 3rd edition, The Legal Library, Baghdad, 2009AD.

- Wagdy Ragheb, Principles of Judicial Enforcement, Dar Al Nahda Al Arabiya, Egypt, 1988 AD.

Published

2024-02-06

How to Cite

., L. F. H. H. (2024). Means of dispensing with the debtor in kind execution of the obligation . TIKRIT UNIVERSITY JOURNAL FOR RIGHTS, 8(1), 418–448. Retrieved from https://tujr.tu.edu.iq/index.php/home/article/view/177