النفاذ المعجل للأحكام في المادة 188 مكرر من قانون أصول المحاكمات المدنية الأردني : دراسة مقارنة

الملخص EN

This study aims to examine the amendments of the 2017 Jordanian Civil Procedure Law valid as of 26/2/2018.

The legislator in Jordan has adopted the legal system for the expedited enforcement of judgments issued in civil cases for the first time in the 2017 Jordanian Civil Procedure Law, as opposed to other Arab legislations which has integrated the legal idea into its legal systems for a long period of time.

Therefore, the significance of this study arises out of its focus on what the expedited enforcement of trials is, its characteristics, what provisions may be included in the expedited enforcement of trials, and whether the expedited enforcement of trials is exclusively dependent on the interpretation of the legal text, at what stage of the trial this order can be issued, and whether the decision of the court can be reversed on appeal.

It is crucially important to examine what the legal effect of the expedited enforcement of the trials regarding the enforcement of the judge's decision on the convicted person if the initial court decision is reversed on appeal later on is; this lead us to ask ourselves what happens if the appeal case is successful, which definitely means that the money paid by the convicted person for the plaintiff should be paid back and whether the convicted person should file a case to get his/her money back, and whether the convicted person has the legal right to demand the plaintiff to pay the damages that may occur.

Finally, we conclude with some findings and recommendations