الطبيعة القانونية للبيع المأذون به للأموال المحجوزة تنفيذيا : دراسة مقارنة

Abstract EN

The traditional mechanism for selling executively seized funds, represented by selling by way of public auction, has become unresponsive to the objectives and foundations of forced execution, in terms of facilitating its procedures, achieving a balance between the interests of the parties, and taking into account the humanitarian, economic and social considerations of the debtor.

Regarding the sale by public auction, through which the debtor is allowed to sell his seized funds himself to fulfill the rights of the creditors, but these legislations did not give this sale sufficient attention in terms of legal regulation, which resulted in the emergence of many problems, including the lack of clarity of its legal nature, which is considered a precursor.

It is necessary to determine the effects of this sale, and based on the foregoing, we will define this sale, then explain its legal nature, and then follow that with a conclusion that includes the most important results and recommendations.