Denial of Debts Bonds Pertinent To Money In Palestinian Execution Law No. (23) For The Year (2005)

Year: 
2014
Discussion Committee: 
Dr. Amjad Hassan/supervisor
Dr. Mohamad Amarneh/external examiner
Dr. Ghasan Khaled/internal examiner
Supervisors: 
Dr. Amjad Hassan/supervisor
Authors: 
Mohammad Sameer Khader
Abstract: 
The Palestinian Law of Execution No. (23) of 2005 set forth several types of money-related debt bonds. It stipulates certain provisions to each of them according to the type of bond, the drawer, and the party that organized it. For instance, in the event the debt, which is under objection, is established by a writ that has been certified by the notary public or by a commercial paper that is subject to endorsement, the objection by the debtor shall not affect the execution. Where as, in a case where the debtor denies the debt established by a customary writ, ‪the burden of proof relies heavily on‬ the creditor to demonstrate what has been denied. This study is aimed to differentiate between the three types of executive bonds; the Official and Customary Writs, and Commercial Papers. The study defines money-related bonds in general as part of the executive bonds addressed by the Palestinian Law of Execution. Then, it identifies its legal nature. In addition it provides a detailed elaborated explanation of the requirements needed for these bonds to become subject to execution according to the law. Respectively, the study exposes identification for the money related debt bonds under Law of Execution No. (23) of 2005. It also reviews the special provisions for each bond, its origins, strength executive, and everything related to it. In addition, the study reviews the procedures of denial of the debt in each of these bonds. It also reviews the legal positions generated for each type of bond, since the obligations and actions to be taken to deny the debt vary from one bond to another. This study also provides a comparison between the Palestinian executive law No. (23) for the year (2005) and the Schedule to the Execution Law (No.25), 1965 (a law that was in force in Palestine before the issuance of the current law), the Jordanian Execution law No. (25) for the year (2007), and Egyptian Procedures Act.
Full Text: 
Pages Count: 
103
Status: 
Published