The Civil Enforcement Law and Its Impact on Guarantors' Assistance

The Civil Execution Law is among the important laws aimed at ensuring the enforcement of judgments and protecting creditors’ rights.

However, the application of certain execution procedures may directly affect debtors, who are often facing difficult financial circumstances.

A debtor may need financial assistance to repay debts and emerge from their financial crisis.

This highlights the importance of striking a balance between a creditor’s right to collect what is owed and a debtor’s right to a dignified life. The core issue lies in the fact that some procedures may limit the debtor’s ability to benefit from assistance provided to them.

Questions also arise regarding whether the amounts actually reaching debtors are sufficient relative to the size of their outstanding debts.

If the stated objective of certain initiatives is to provide up to 10,000 Kuwaiti dinars per debtor, while real-world cases indicate that the disbursed amount sometimes ranges between 1,000 and 3,000 dinars, this raises doubts about whether such assistance achieves its intended goal.

Inadequate assistance may leave debtors trapped in a cycle of debt, unable to establish financial stability.

To address this issue, I legally propose establishing a clear and transparent mechanism to determine the amount of assistance based on the size of the debt, as well as the debtor’s financial and social circumstances. Standardizing eligibility criteria would ensure compliance with legal safeguards grounded in the principle of generality. This would strengthen oversight of entities providing assistance within the legal frameworks established by the state, obligating them to disclose both the allocated amounts and the actual sums disbursed. Additionally, coordination with relevant execution authorities would ensure that assistance reaches creditors directly, maximizing repayment of the principal debt and thereby balancing creditors’ rights with the protection of debtors.

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I would like to conclude my article by emphasizing that justice is not achieved merely by repaying a portion of a debt. True justice is realized when assistance provides debtors with a genuine opportunity to overcome their crisis, while safeguarding creditors’ rights and preserving the debtor’s dignity, in accordance with principles of justice and fairness for all.

Salem Al-Jimaz

College of Commercial Studies, Law Major