مجلة الدراسات القانونية والاقتصادية
Volume 8, Numéro 2, Pages 1304-1318
2025-12-20
Establishing A Specialized Enforcement Judiciary In Algeria: A Reformist Vision To Ensure Efficient Executive Justice
Authors : Makhlouf Hichem .
Abstract
This study addresses, through a comparative analytical approach, the issues related to the system of enforcement of civil judgments, a topic that continues to pose concrete practical difficulties in the judicial reality. It should be noted that enforcement disputes, whether related to temporal obstacles or substantive disputes, are distributed among various legal texts, particularly the Civil Code, the Code of Civil and Administrative Procedure, as well as the legislation regulating the profession of judicial reporter. These disputes also raise issues in determining the competent judicial authority between the trial judge and the president of the court, which perpetuates a state of legal fragmentation and affects the effectiveness of implementation. Accordingly, the study raises a fundamental question about the content of this system and calls for the adoption of the model of the execution judge, adopted in most comparative legal systems, as an option aimed at unifying the supervision of execution procedures and overcoming the issues associated with multiple and conflicting jurisdictions..
Keywords
Execution ; Procedures ; Judgments ; Execution Judge ; Jurisdiction
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