الملخص الإنجليزي
This research aims to examine the jurisdiction of implementation judge according to the civil & commercial procedure in Omani law, the comparison between them and some laws of pleadings and the statement of Egyptian judge with the importance reference implementation terms. This is illustrated by answering the following questions: -
1 - Definition of execution judge system in Islamic law and positive law.
2 - What are the reference terms for each judge in the implementation of Oman and Egypt Law.
3 - The possibility of appeal against the decisions and judgments issued by the execution judge
4 - Implications in case of judge exceeding in the execution of his powers.
5 -Proposed solutions to reduce the execution judge exceeded his jurisdiction. To answer these questions, the researcher studied the Code of Civil Procedure and Commercial low according to the Omani law and a comparison to some other laws, especially the Egyptian law.
The most prominent findings of the study are: -
1 - It is not considered as a modern system of execution judge, but Islamic law knew despite it in different names.
2- The target of an autonomous system of implementation is the application of justice, restitution to owners.
3 - Omani legislator making the judge jurisdiction to force the implementation of the debenture Executive exclusively binding.
4 - Restructuring of the judiciaru in line with the implementation of a legislative development Open Omani environment.
