English Abstract
Abstract :
Abuse in taking execution procedures
We are discussing in this study the problem of abuse in procedural rights, especially in taking execution procedures, by focusing on the meaning on the abuse, the abuse reason's and effect's, and the most popular ways of abuse in execution procedures from both parties (the Creditor and the Debtor).
The Abuse of rights theory is not organized in the Procedural Law, and it is stated in the Civil Law as a general theory, based on that this study is explaining the general meaning of the Abuse, and the bases for implementing the main conditions of this theory on the execution procedures, and the courts judgments in this subject. We are explaining in this study also the reasons for the abuse in taking execution procedures, and the abuse effect's and Its responsibility.
We clarify in this study also the most popular ways of abuse in taking execution procedures by both parties (the Creditor and the Debtor), and the law function in resisting it, and the suggested solutions to prevent these ways of abuse.
At the end of this study, we finished with a conclusion includes the results and recommendations that we hope to take into consideration to amend the articles in Laws to resolve this problem.
