The Impact of Insolvency and Bankruptcy on Judicial Enforcement Under Qatari Judicial Enforcement Law No. (4) of 2024

(An Analytical Comparative Study: Qatari Law and the Saudi Legal System)

Abstract

This study examines the impact of insolvency and bankruptcy on judicial enforcement procedures under Qatari Judicial Enforcement Law No. (4) of 2024 through an analytical and comparative study of Qatari law and the Saudi legal system. The research problem focuses on the extent to which insolvency and bankruptcy affect the effectiveness of judicial enforcement procedures, the limits of the enforcement judge's authority in dealing with these situations, and the adequacy of the legal framework in balancing the creditor's right to recover debts and the debtor's right to legal protection. The study adopts both analytical and comparative approaches. The analytical approach is used to examine the legal provisions governing insolvency and bankruptcy in Qatari legislation, while the comparative approach is applied to identify the similarities and differences between the Qatari and Saudi legal systems. The study also analyzes the role of the enforcement judge in verifying insolvency claims and preventing the misuse of legal procedures. The findings reveal that the Qatari legislator has established a clear legal framework regulating the effects of insolvency on enforcement procedures while preserving legal mechanisms that protect creditors' rights. The study further demonstrates that bankruptcy constitutes an independent legal system that differs from insolvency in terms of its legal nature, applicable rules, and legal consequences, particularly the transition from individual enforcement to collective enforcement. The study concludes that both legal systems seek to achieve a balance between debtor protection and creditor rights through different legislative approaches.