General description
Inputs:
Execution procedures pose procedural and objective issues that are as important as other legal studies. The final judgment and its fixed right is only completed when the right claimant is authorized to force the convicted person or the debtor to execute the judgment or the obligation. Rules of execution are exactly the same as rules of procedures in that they are part of formal rules that include the execution of judgment or bonds. This does not mean they are separate from objective rules stated in other laws. If execution rules conflict in terms of time, procedures rules have a direct effect since rights hereinafter are principled to be preserved and unaffected.
Yet, this principle has some exceptions stated by the legislator in order to preserve the opposing partys rights gained in the light of the previous law.
Outputs:
General execution rules are concerned in identifying the execution body or execution department. It consists of the execution head, legal executive and process servers. It considers the jurisdiction of the execution head, decisions he takes, how to make appeals against them, and a presentation of the concept of execution plea and its features. Competence of execution department whether ratione loci or materie should be known besides delegation between execution departments.
Topics:
• To introduce execution procedures, their nature and historical development in Syria. To introduce the conflict between execution laws in time and place
• Body of execution (execution department, executive references, and their types .ie judgments decisions, formal contracts and other documents that the law makes executable. Executive file, its parties, subject and how to regulate it.
• The concept of writs of execution, their features and types, i.e judgments, decisions, formal contracts and other documents that the law makes executable.
• Urgent execution and its conditions
• Litigation in execution. Individuals in executive file, Executor and the person against whom execution takes place. Terms of execution whether related to the right in the executive file or to executive procedures.
• Execution on movables, its measures, execution by sale of debtors movables in public sale via the execution department
• Execution on property, property seizure and its consequences. Public sale of property, issuance of initial decision of referral, the increase of ten and the issuance of a final referral decision.
• Execution against debtor (imprisonment for debts and its terms), and its measures in terms of duration and expiry.