The Legal Nature of the Temporary Enforcement Disputes "A Comparative Study"

The key concept of this research along with questions, problems and organizations according to the Palestinian legislator revolves around the comparison of these with the Egyptian one. This study focused on distinguishing the time execution disputes from others by an accurate study of the acceptance of the time execution disputes, which could identify the specialized court. The execution judge in such kinds of disputes has to search in the general conditions of acceptance in addition to identify the interest, character and ability of the applier, then move to find the particular conditions of this kind of dispute by satisfying that the execution hasn't been applied. Also, the judge has to search for some circumstances such as hastening and that the applier resorts to later actions of the executed verdict if it was legal verdict. The execution judge is restricted not to affecting with the origin of the right. If not so, the execution dispute is transferred to another judge according to the specialization. In order to complete the main idea, this study includes a detailed explanation of the two ways of suing the time execution dispute. The former is establishing an action with its conditions and procedures in execution directorate . The latter is suing the dispute in front of the execution employee during his job . The second way has some problems which presents the core of the practical time execution disputes such as the limitation of the authorities of the execution employee when he has been ordered to execute a time execution dispute during his job in the money location of the case. This type is the most important. The idea of this study has been completed when it includes the effect of suing time execution dispute which aborting the execution procedures until solving the dispute . This effect disappears in cases of the absent of the two parties, a decree about false procedures of the time execution dispute, unacceptable suit, or any verdict solving the dispute without trial.