Criticize the Interpretation of the Claims of the Debtor for the Execution of the Court's Civil Court Judgment

Abstract

            The Civil and Commercial Code provides the control of the debtor's property division to protect creditors with the opportunity to receive payment from the debtor. One of the control of the debtor's property division is When the debtor has the claim, the debtor has resisted or ignored that claim, causing the creditor to lose the benefit, In simple terms, the debtor does not give himself the assets it should have. In such cases, the creditor can use the debtor's right to file a lawsuit on behalf of the debtor to protect his rights. However, the exercise of such debtor's claim is limited: If the debtor has exercised the right to sue the case until the court has won the case but refused to proceed with the execution creditors cannot exercise the right to execute the case on behalf of the debtor because it is not an exercise of the debtor's claims.   In this regard, the Supreme Court has always ruled the norm. This creates a gap in which the debtor may exercise his or her right dishonestly and causes the creditor to lose benefit from the case.

            This academic article therefore critiques the interpretation of the Supreme Court. And present guidelines for protection of creditors so as not to lose benefit from such cases. It may change the view of the ruling of the law because the Code of Civil Procedure has been revised on the person entitled to the execution of the judgment which may be able to cover the use of the debtor's claim for the execution of the court's judgment.