Implementing the Law's Provisions: Obstacles and Solutions

We all know that judicial rulings issued by the judiciary, which have undergone all stages of litigation, are enforceable judgments and constitute one of the most important pillars of achieving justice. Therefore, like other aspects of life, they may encounter obstacles that delay or hinder their enforcement, thereby affecting the effectiveness of the judicial system.

Among the most prominent of these obstacles is the judgment debtor’s refusal or evasion, procrastination, or resorting to legal circumvention by transferring or concealing assets, in financial cases, or by transferring property ownership, and similar tactics. Another challenge is the difficulty in locating the debtor’s funds and assets, particularly when they are unregistered.

Additionally, new legal disputes that impede enforcement, such as objections and appeals related to enforcement procedures, as well as the slowness of enforcement proceedings due to the volume of complex administrative and procedural transactions, constitute significant barriers to the enforcement of judicial rulings. Furthermore, shortages of human and technical resources among enforcement authorities lead to delays in completing enforcement actions.

In light of the aforementioned obstacles to enforcing legal judgments, we propose several measures that could facilitate the enforcement of court rulings. These include developing and operating specialized electronic enforcement systems staffed by human resources trained in these technologies, thereby accelerating procedures and reducing administrative complexities.

Other recommended measures include imposing stricter penalties on those who deliberately obstruct the enforcement of legal judgments, and enhancing cooperation among government agencies to facilitate access to the debtor’s or judgment creditor’s funds and assets.

Therefore, removing the obstacles that hinder the enforcement of legal judgments contributes to strengthening the rule of law and ensuring that every entitled party receives their rightful due.

Saud Athal Al-Barazi

College of Business Studies – Law Major