الصعوبة في تنفيذ الأحكام المدنية و بعض الأنظمة المشابه لها : دراسة مقارنة في القاون المغربي و الموريتاني

الملخص EN

The difficulty in executing judgments is one of the most important topics that the researcher must address, because of its great importance due to what the judicial claim gives him to enable the right-seeker to obtain his right, after the judgment is issued to him by the court, where the process of implementing the judgment remains the most important stages of the path Judicial, and in view of the difficulties that may be tainted by this stage, some of which are feasible and some of which are legal and temporary, and these obstacles and difficulties lead to the suspension of implementation, or not to start it, due to a material or legal difficulty that requires the intervention of the judiciary again in order to remove these The difficulty, either by temporarily suspending the execution or continuing it, or stopping it and returning the case to the issuing court to consider it again, and all these possibilities make it imperative for the judiciary and jurisprudence to consider seriously and awareness of the impact of this difficulty on the litigants or the aggrieved third party.

This study aims to examine the various difficulties that may encounter an enforceable judgment and to search for solutions that guarantee the rights of litigants.

The analytical and comparative approach was followed in this study in the Moroccan and Mauritanian legislations.Through this study, it was concluded that the Moroccan and Mauritanian legislations need to be updated to respond to effective solutions to reduce these difficulties.

In this context, it was recommended that the institution of the execution judge be established to carry out this role