الأسناد الخطية القابلة للتحصيل أمام دائرة التنفيذ و إشكالات شروطها في القانون الأردني

الملخص EN

The Jordanian legislator has expressly expanded on the concept of Executive Bonds to include a wide range of written bonds that can be submitteddirectly for execution, without having to first obtain a judicial ruling regarding the same.

Such bonds include:official bonds, ordinary bonds and negotiable commercial papers.

This study aims to explore the conceptof these deeds and their legal conditions, considering their dual nature: written instruments and executive deeds.

This paper has consequently found that the Jordanian legislator requires that the legal right, which is subject to the executive bond, must unquestionably exist, with a fixed and certain amount to be due.

The analysis in this paper has shown that that there is a condition, which was not clearly mentioned in the law, that this bond embodies an obligation to pay an amount of money.

Hence, the other types of obligations may not be suitable for direct execution without a court order.

Examples of such obligations are obligation to act, to refrain from such an act, or even the delivery of any nonmonetary matter.

This is because direct execution in these later situations would deprive the debtor from some of his/her guaranteed statutory rights, particularly when the execution is cumbersome.

Here, the debtor has the right to seek compensation from the court instead of such obligation to perform.

Moreover, when performance takes a personal nature, the debtor cannot be compelled to perform.

All in all, it is not within the jurisdiction of the execution judge to explore whether the obligation contained therein is of a personal nature.