The Effect of Dismiss the Case to Prove Right on the Responsibility of the Barrier and the Sponsor According to the Jordanian Civil Procedures Law "Empirical Comparison Analytical Study"
Journal: Zarqa Journal for Research and Studies in Humanities (Vol.15, No. 3)Publication Date: 2015-12-01
Authors : Raed .L. Soboh; Khalid Radwan waxing;
Page : 122-139
Keywords : ;
Abstract
Precautionary seizure is a tool or a preventative measure stipulated by the law to give the creditor judicial protection and the risk of temporary threatened by the loss of his right. Fearing that the debtor is acting with a view to hide either his money or smuggled. These are the means to freeze the funds of the debtor and prevent him from acting out behavior detrimental to the right of the creditor. The debtor suffered damage from this seizure affect on his financial position. Seizure may be a malicious tool intended to harm the debtor-creditor used in bad faith or that he failed to prove his claim. But the seriousness of precautionary seizure legislator has stipulated certain conditions, including that offers barrier sponsor to guarantee what caused the defendant (judgment debtor) received from damage if a lawsuit barrier. Without indicating the legislator provisions barrier responsibility for damage to debtor. We have addressed in this study, the civil liability provisions of the barrier and the sponsor's response when the barrier in terms of the suit, the basis of which, the elements, and is it the responsibility of tort or legal or is it the responsibility of a special type. This study has also rooting responsibility of the sponsor and whether they are responsible for the subordination or independent responsibility.
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