الاعتراض على تنفيذ الأسناد الخطية القابلة للتحصيل أمام دائرة التنفيذ و آثاره في ظل قانون التنفيذ الأردني

الملخص EN

The Jordanian legislator has tried to strike a balance between the interest of the applicant and the interest of the enforcer against him.

It has attributed to the official bond, the ordinary bond as well as negotiable commercial papers the status of the executive bond collectable directly by the Execution Department, but at the same time, it allowed the enforcer against him the right to object this execution.

The official bond can be objected to by claiming forgery or claiming payment in whole or in part.

As for the ordinary bond and commercial papers, it can be contested by denying the signature or claiming forgery or claiming payment in whole or in part.

When examining the legal effects of these methods of objection, it appears that the legislator distinguished in relation to the allegation of forgery between whether the bond was official or was ordinary; however, the same effect occurs in case of alleged payment between both bonds, As for denying the signature, it will only be effective in relation to the ordinary bonds and commercial papers but not the official bonds.

The legislator was unsuccessful in some of its assumptions, and that it ignored many of the objections that could be directed to the same bond or to the right recorded therein.

The research argues that, the enforcer against him should be allowed to deny the debt for any reason as long as there are serious reasons for objection, without jeopardizing the sanctity of the execution process.