Analysis of the Status and Explanation of the Elements of the Principle of Effective Enforcement of Civil Judgments with an Emphasis on Civil Enforcement Laws

Abstract

The enforcement of a judgment represents the logical outcome of the civil litigation system and the ultimate result of the plaintiff’s extensive efforts. However, despite the desirability of enforcement, when such enforcement lacks a desirable impact or fails to effectively alter the denied or infringed right of the plaintiff, the enforcement of the judgment is reduced to the level of non-issuance of the judgment itself. Therefore, the principle of effective enforcement of civil judgments can be regarded as an inseparable requirement of the judicial process. On one hand, the absence of an explicit reference to this principle in laws related to the field of civil enforcement cannot diminish its validity and authority; on the other hand, an examination of these laws through the lens of this principle reveals its prevailing governance. Exploration within the path of laws in this field, using a descriptive-analytical method and guided by the principle of effective enforcement, not only demonstrates the dominance of this principle but also uncovers the essential elements that interconnect to form its structure. From this perspective, and following an examination of the aforementioned regulations, it can be concluded that the principle of effective enforcement of judgments consists of three fundamental elements: speed, restitution, and facilitation. The element of restitution manifests in three forms: maximum realization of the plaintiff’s right to the adjudicated subject matter, payment of enforcement costs by the defendant, and the presence of personal guarantees. Meanwhile, the element of facilitation is reflected in two forms: the ease of executing the judgment and the ease of the plaintiff’s access to the adjudicated subject matter. These elements collectively contribute to the formation of the principle in question. The legislator, in the regulations related to the field of civil enforcement, has duly considered each of these constituent elements in their various forms and, as far as possible, demonstrated adherence to them in the drafting and enactment of these provisions. Therefore, through the present study and analysis of such regulations, the governing nature of this principle and its constituent elements can be clearly inferred.