Practical Enforcement of the Law of Obligations: Ensuring Complete Execution under the Civil Procedure Law

Abstract

This research article aims to study the relationship between the law of obligations under the Civil and Commercial Code and the procedural requirements for instituting civil actions under the Civil Procedure Code, which serve as essential mechanisms for enforcing creditors’ rights in practice. As obligations constitute personal rights, creditors cannot enforce performance themselves and must initiate legal proceedings against debtors before the court. This study adopts a doctrinal legal research approach, analyzing seven key aspects of the law of obligations: demand notice and the right to sue, enforcement of obligations, interest in cases of default, exercise of the debtor’s right of claims, assignment of claims, rescission of fraudulent acts, and prescription relating to mortgage enforcement. The provisions are categorized into three groups: (1) provisions that do not adequately address procedural aspects of litigation, (2) provisions that prescribe procedures but remain incomplete or ambiguous, and (3) provisions that are inconsistent with the Civil Procedure Code. These issues are then examined in connection with relevant procedural rules, alongside a review of legal textbooks and Supreme Court precedents. The findings indicate that effective enforcement of the law of obligations requires systematic interpretation and application in harmony with procedural law. The results of this study aim to reduce practical difficulties and foster a correct understanding among legal scholars and practitioners in civil litigation.