مركز الدعوى المباشرة من بين نظم التأمينات الشخصية و العينية

Abstract EN

The direct claim for the deficiencies of public security and the risks it poses to the rights of creditors, such as the fact that the general guarantee does not result in the debtor’s disposal of its funds, does not entitle the creditor to trace the money that comes out of the debtor’s property.

Moreover, the general guarantee does not confer the right to apply to any creditor over another, since all creditors are equal in this guarantee, and no creditor would prefer or advance another in fulfilling his right to grant the law for protection.

the creditor is a direct claims that differs from the general security claims of creditors such as indirect action and the non-enforcement of the debtor’s and others’ actions that do not provide effective and complete protection to these creditors.

The direct action entitles the creditor to a special protection under the text of the law so that it will take over the results and fruits of that claim alone without being subjected to the competition of the other creditors of the debtor to meet his right, and thus the direct claim is aimed at securing the creditor’s right to the rest of the creditors, as it achieves a special guarantee that differs from the personal and in-kind guarantees of both types of personal and in-kind items that the law has decided on the creditor in order to obtain his right.