إجراءات التنفيذ الجبري على العقار

Abstract

The implementation procedures is, generally, regarded as constituting procedural rules, that play the role of a link between substantive rules and their application under the court ruling and to enable the right holder to get actually his right. So that, we tried to study a part of these procedures relating to real estate performance under the Law n° 08/09 dated on February 25, 2008 containing the law of civil and administrative procedures which entered into force on 24 February 2009, and has canceled the provisions of the law n° 66/154. The study of this subject is based on the provisions brought by this new law in an attempt to overcome the shortcomings and sometimes ambiguity whose practice has highlighted under the old law. In this we can mention on one hand, the recognition of the right of the creditor to recover the debt within a reasonable time and at a lower cost, on the other hand the debtor's right to procedural protection from abuse and guaranteeing the sale of his real property at a price that truly reflects its market value, in addition to the right of third parties dispute any of the implementation procedures. All this in order to give an answer to the Problematic Thread of the effectiveness of the implementation procedures focuses on real property contained in the law n° 08/09. We concluded that the new law gives special importance to the enforcement process and more particularly to the execution on real property. It has made a reorganization of the general principles governing the implementation and then the separate treatment of each type of implementation, the law has gradually approached the real estate performance measures, it set deadlines for all action until a verdict anchoring the auction, then the distribution of the proceeds of execution in order to give effective implementation, and how systems of the dispute in these proceedings by the parties involved as well as by third parties . Therefore, we commend these procedural rules the can promote Litigants' access to their rights.