The Judicial Executive Function Between the Execution Court and the Execution Judge According to Qatari Judicial Execution Law No. 4 of 2024

(A Comparative Analytical Study)

Abstract

The substantive right established by law for individuals and entities, however sacred and important, remains merely a moral obligation or ink on paper unless it is accompanied by an effective and decisive procedural mechanism that guarantees its protection and puts it into effect. A legal rule loses its prestige and effectiveness if it lacks the force of enforcement. Hence, the paramount importance of the system of (enforcement of judgments) becomes clear. This system represents the practical outcome of litigation and the ultimate goal sought by the rightful party in entering the courts and enduring the hardships of legal proceedings. Enforcement, in its legal essence, is nothing more than a sovereign intervention by the state's public authority, represented by its judicial and executive branches, to employ legitimate physical force to compel the debtor to fulfill their established obligation when they voluntarily refuse to do so. This is done under the supervision and oversight of the judiciary to ensure that there is no abuse of power and to achieve a balance between the creditor's rights and the debtor's freedoms.

This research aims to enrich the Arab legal library in general, and the Qatari legal library in particular, with a modern analytical and jurisprudential study that deconstructs the provisions of the new Qatari law regulating judicial enforcement. This law represents a qualitative shift in the philosophy of the Qatari legislator, reflecting a transition from the school of general rules integrated into procedural laws to a school of precise judicial specialization in enforcement management. This necessitates a jurisprudential foundation that keeps pace with this transformation.