ملاحقة الدين في ذمة غير المدين عن طريق الدعوى المباشرة

الملخص EN

There is a right given by law to the creditor to pursue his debt in the hands of someone other than his debtor, this is an exception to the principle of privacy of the contract.

The aim of this right is to enhancing the general guarantee of the debtor; this is through indirect action, Pauline action and action of simulation.

On other hand, this may be also through a direct executive measure for the creditor to pursue his debt in hands of another person other than a debtor, namely by the "direct action"The study dealt with the legal basis for pursuing the debts through direct action, and reached a new basis for this action, namely the link between the debt of creditor and the debt of debtor in hand of third parties.

The researcher suggested a legal provision to be added to the civil law in order to make pursuing through direct action as a general rule that allows any creditor to use it when his debt is linked to the debt of others.