Mukhaled A. R. Enforcement of a Civil Court Judgment Due to its Expiration by Prescription: An Analytical Study

Abstract

The legislator, upon issuance, grants the judgment immediate legal force and executory force, enabling the judgment creditor to execute it through the competent enforcement directorate and claim the established right. However, the legislator has limited this right of granting to a limited timeframe. If this timeframe expires, the right to executing also expires. And if the right to enforcement expires, the judgment creditor can no longer claim the established right. This conflicts with justice, especially since the right established by the judgment does not lapse simply because the judgment's enforcement power has lapsed. Therefore, a method must be found to enable the judgment creditor to claim this right. Since the legislator has not specified the procedural means by which the judgment creditor can acquire enforcement power, the judiciary has assumed this task through a lawsuit known as the "renewal of enforcement power" lawsuit. Because the legislator has not established a legal framework for this lawsuit, it has become a field for judicial and scholarly interpretations. This has also raised numerous questions regarding the nature of this lawsuit, its scope, its legal basis, the conditions for its admissibility, and the nature of the resulting outcome. Is it a ruling or a decision? What are the methods that can be used to appeal it? What is the duration of the appeal? Is what is issued as a result of the renewal lawsuit implemented, or is the ruling whose executive force has expired implemented?