Seybold Report ISSN: 1533-9211
Sherwan Kamal Shukri, Assist. Prof. Dr. Ahmad Mustafa Ali
Vol 18, No 6 ( 2023 ) | Licensing: CC 4.0 | Pg no: 53-75 | Published on: 12-06-2023
Abstract
The execution of the judicial judgment is either to be chosen by the convict to implement the content of the judgment or to be forcibly executed using the force of the public authority to inform the convict in the implementation of what is stated in the judicial judgment by resorting to the execution judge in Egypt and to the executor of justice in Iraq. However, some provisions do not accept forced execution, as is the case in the implementation of the rule of compliance, it is limited to warning only, as the Iraqi Execution Law stipulates that "the implementation of the wife's obedience to her husband is limited to warning only", and by referring to the practical reality, we find that there are many cases in which the administration refrains from implementing judicial rulings voluntarily, which puts us either an important question Is we entitled to resort to direct implementation to force them to implement the rulings issued by the judiciary, which is spent To address the direct implementation to know its terms and conditions and the extent to which they can be adopted in the face of management. For all of the above, we will divide this research into three demands in the first of which we deal with the voluntary implementation of the cancellation ruling, the second dealt with the forced implementation of the cancellation ruling, and the third is concerned with the statement of exceptions to the non-implementation of the cancellation ruling.
Keywords:
cancellation ruling, voluntary execution, annulment decision, legal effects, material effects.