The ambiguity of real estate judgements as a problem of implementation
DOI:
https://doi.org/10.59791/ihy.v22i1.737Keywords:
Final court ruling, Real estate portfolios, A problem in implementation, Explanatory lawsuit, Revocation of the explanatory case rulingAbstract
The final judicial ruling is considered a decisive factor in the subject of every real estate dispute، because it is distinguished by its authority between the parties to the dispute and even exceeds others، and the strength of the judicial ruling is that it must be implemented by the real estate governor، and the party whom the judgment is in his favor seeks to implement it، but it may face problems In the implementation of this final judgment، which is clear on the origin of the case and fulfills all the methods of appeal. Among these problems، and even the most of them lies in the ambiguity of the verdict، which is what our courts abound.
In order to lift this problem، the executioner has resorted to justice by filing a lawsuit for the interpretation of the verdict، so that the real estate governor، as the principal party in implementing these real estate provisions، is able to implement these real estate rulings. The issue of real estate developers is to facilitate and clarify how to raise this problem، without dismissing the party responsible for the implementation to justice to explain the ruling. We see this intervention as referring the duties of the judge to the real estate governor، and it did not contradict the tasks of the real estate governor.
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