Khaberni -The corridors of the courts and the legal street have recently been preoccupied with a widespread debate about the amendment of the execution law, which came into effect on the twenty-fifth of last month. Early signs of its impact on the local market have appeared, indicating imminent changes in financial obligations, especially concerning contracts that have been signed or will be signed in the coming days.
The question now raised is:
Will self-enforcement of rights become the next method for collecting debts?
The execution law—despite the burdensome amendments it recently underwent—was a safe haven for creditors and a legitimate means of pressuring debtors to collect their debts, especially for traders, who used to turn judicial judgments into tangible outcomes that preserved their rights.
While Article (22), after the amendment, was limited to specific cases of debtor imprisonment, this has caused a clear imbalance in the system of guarantees upon which buying and selling in commercial markets rely, fundamentally based on trust, deferred sales, and ongoing transactions between traders and shop owners.
With the absence of legal pressure tools, creditors are now unable to collect their rights or even merely pressure the debtor. This poses significant risks to trade exchange and could lead to a cessation of granting credit facilities or selling on credit.
In criticizing this amendment, we do not call for the imprisonment of the poor or those unable to pay, but rather for real and legal alternatives that guarantee creditors' rights and preserve the continuity of trade relations, especially under tough economic conditions. This amendment could serve some with ill intentions, making creditors easy prey for those acting with impunity.
Among the most notable possible solutions:
- Granting the execution judge discretionary power to order imprisonment in cases where malintent is proven.
- Or using strict civil guarantees without compromising the humanity of the execution
In conclusion, although this amendment carries well-intentioned human considerations that deserve appreciation, it may constitute a silent economic disaster and pave the way for self-enforcement of rights, as a method closer to the creditor for collecting their right.
And we pray to God to protect our country, and may He not show us any harm as long as we live.
