Lectures on Real Estate Seizures = محاضرات في الحجوز العقارية

Abstract

The principle of executing obligations by the debtor is generally voluntary, meaning the debtor fulfills the obligation willingly, without the need for external intervention. However, when the debtor refuses to comply, the legal system provides for compulsory execution, targeting the debtor’s assets or person. One of the main methods of compulsory execution is the seizure of real estate, a process that enables creditors to place properties—whether owned by the debtor or third parties—under the control of the court. These properties are then sold at a public auction, with the proceeds used to satisfy the debt. For the execution of real estate seizures, the creditor must possess an enforceable title, which grants them the legal right to initiate the seizure. Additionally, the process of seizing real estate can only be undertaken after attempts to seize movable assets have been made, according to Article 721 of the Civil and Administrative Procedures Code. In most cases, real estate execution occurs when movable assets are insufficient to cover the debt or if there are no movable assets. However, an exception to this rule allows for real estate execution even in the presence of sufficient movable assets if the creditor holds a registered mortgage, pledge, or has a priority right over the property. This framework ensures that creditors have a means of recovering debts through the sale of real property, while also providing safeguards against abuse. The system emphasizes fairness and the protection of the debtor’s rights by ensuring that the execution process is carried out in a structured and legally regulated manner. The goal is to balance the interests of creditors with the protection of the debtor's property rights, providing a transparent process that can be followed to resolve disputes over unpaid debts.