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Provisions of the Confiscation of the Debtor's Property with Third Parties in the Jordanian Execution Law

  • Ahmad Albnian,
  • Ahmad Abdulkadir Ibrahim

摘要

The topic of this study focuses on the safeguarding of a debtor's assets with the involvement of third parties in the context of Jordanian execution law. This subject is crucial in the confiscation of a debtor's assets, regardless of their location, including those held by a third party. The principal objective is to confiscate the assets from being confiscated and to prohibit any action which would result in a decrease in their monetary value. The purpose of this confiscation is to entrust the assets of the debtor under the jurisdiction of the execution department, to fulfill the creditor's confiscation rights, and to prevent the diversion of these assets through executive confiscation procedures that would eventually lead to their public auction. This study raises the essential legal issue of the relationship between the creditor and the third-party holder, as the third party is not a part of the creditor-debtor relationship. It also scrutinizes the challenges encountered in executing the confiscation procedures when assets are held by a third party instead of the debtor. The focus of the study is centered on the verification of asset ownership by third parties and the creditor's entitlement to knowledge regarding the value of these assets. Additionally, the study delves into the process of confiscation, which aims to protect the interests of both the creditor and third-party holder. Split into two sections, the study examines the legal aspects of confiscating a debtor's assets with a third party in the first section and scrutinizes the procedures involved in the confiscation process as well as its effects in the second section.