Prerequisites of Forced Execution in Tunisia

Abstract

Compulsory execution is a necessary legal procedure that enables creditors to recover their rights when debtors refuse to fulfill their obligations. While this process serves the creditor’s interest, it imposes a significant burden on the debtor, necessitating a balance between the rights of both parties through preliminary execution procedures.

This research aims to analyze these preliminary measures as legal safeguards that grant the debtor the right to defense and objection before the actual execution begins. It also highlights the dual nature of these procedures, as they are divided into formal and substantive measures, and their role in ensuring justice and preventing the abusive use of compulsory execution.