الإجراءات التعسفية التنفيذية

Abstract

This research addresses the issue of arbitrariness in enforcement procedures, considered as one of the most serious manifestations of deviation in the exercise of procedural rights. This deviation directly impacts the balance between the creditor's interest in enforcing their rights and the debtor's protection from violation or restriction. The research aims to clarify the concept of arbitrariness in enforcement, its legal and jurisprudential basis, and then to clarify its legal and practical implications. The research begins by presenting the theoretical framework of arbitrariness, defining it linguistically and technically, and reviewing the jurisprudential and judicial trends that have defined its boundaries and standards. It also addresses the legal basis of this phenomenon, both in terms of tort liability and through the principle of the legality of the enforcement procedure. The research then moves on to examine the consequences of arbitrariness in enforcement, including procedural effects such as invalidating the procedure, rejecting, and restoring it before, or substantive effects such as civil liability and compensation. Finally, the research presents findings and recommendations that seek to regulate executive behavior and ensure non-deviation by strengthening judicial and legislative oversight and developing safeguards that protect all parties and achieve justice during the enforcement phase.