نطاق فرض الغرامة التهديدية في الإلتزام بالقيام بعمل و أثره على الأمن القضائي

Abstract EN

Judicial security is deemed to be one of the most important perspectives that societies as well as comparative legislations seek to enshrine both theorectilly and practically, as it is the sole guarantee to consolidate rights and freedom.

To reach this aim, the judiciary system must ensure that the writs of execution are actually put in force.

Sentences and resolutions, as a result of the discrepancy, generally pivot around three (03) commitment implications: garanting, (transfer) doing an act or ining.

However; one of the most critical issues raised by practice is the enforcement of the judicial resolutions, where the technical or professional tasks can only be executedby the debtirs themseleves.

In this case, the legislator provided some legal possibilities for creditors to forc the debtors implement fully thier commitments through financial penelties.

Herein is seen the intrconnection between the three perspectives: Judicial security, act commitment and financial penelty, which this paper tries to highlight