Travel Restriction of the Debtor in Jordanian Law
摘要
The travel ban is a restricted means of enforcing the debtor’s freedom aimed at compelling the debtor to fulfill their commitment. Under this measure, the debtor is confined within a specific geographical area, preventing them from leaving a certain spatial or regional area, or a specific country. The travel ban is an executive order issued by the execution judge if convinced by the evidence presented that the debtor intends to travel either to evade commitment, delay implementation, or has sufficient funds to settle the debt. If the execution judge is not convinced, a decision to restrict travel is issued against the debtor. The research problem lies in the time period between presenting evidence to prove the debtor’s intention to travel as an obstruction to implementation and the issuance of the decision to prohibit travel. The debtor may become aware of these executive measures and leave the country before the travel ban decision is issued. The study concludes with results and recommendations, including that travel restrictions are a measure intended to protect the rights of creditors, fearing the departure of a debtor with either no funds or funds burdened by debts or concealed by the debtor. The researcher recommends that the Jordanian legislator amend Article (26) of the Execution Law to issue a travel ban first if the execution judge is convinced that the debtor intends to travel to evade or delay implementation. The decision to lift the travel ban can be made if a guarantor provides a sufficient guarantee for compliance.