Provisional enforcement disputes within the procedural system

Abstract

Enforcement is considered one of the most critical stages of legal proceedings, as it transforms the ruling into a practical reality through the enforcement officer (bailiff). However, disputes may arise during the enforcement process, obstructing its implementation, and these are known as enforcement challenges. These challenges are two sides of the same coin, with one being temporary and the other substantive, and both fall under the jurisdiction of the judge of urgent matters. Enforcement challenges are temporary disputes in which a provisional measure is requested until the main issue is resolved. Protecting the rights stated in the enforcement order is one of the major challenges faced by urgent judicial authorities (the judge of urgent matters). Based on this, this study will address temporary enforcement disputes