It is the placement of money from real estate or movable property around which the dispute arose, and one of the litigants does not have what the right of one of them overrides without the other, or there are conflicting evidence of ownership between the parties to the dispute, and it is threatened by an urgent danger during the course of the case before the court, so it is placed in an honest hand until the decision In the lawsuit, most pleading systems have tended to introduce receivership with this specificity under the term of precautionary custody. There are types of judicial custody that the honorable reader would know better: The first type: Precautionary custody: It is a temporary precautionary measure ordered by the judge based on the request of the litigants or one of them, and the assessment of the danger and its being urgent depends on the circumstances of each case, and on each case and the assessment of the two matters is left to the subject judge who considers the case And there is no control over it from the Supreme Court. The immediate danger is if there is a dispute over the ownership of the money, or its possession, and the remaining money is in the possession of the person in possession of it, and this leads to its loss or damage, or the loss of its proceeds. The danger is also represented in managing money such as family businesses in the event of the death of its owner and founder. The nature of precautionary custody or receivership is that it is a precautionary measure, and it is also a temporary measure that does not affect the subject, and therefore it is not an executive measure, or a final act or a means of pressure on one of the litigants who is in the position of the debtor until you push him to fulfill what is alleged against him, and it is also a temporary measure It remains with the persistence of the circumstances that necessitated it, and it will disappear with its demise, so it does not have the rule of continuation, and it is a procedure that does not affect the subject, and this means that the judicial receiver does not affect the subject matter of the case in anything, because it is not related to one party without another; And because it is a temporary rule, and it is common that if a dispute occurs between the partners, so that the share of those who have no control over the money is in danger, or if a dispute arises between the heirs over the division, or the dispute is over determining the share of the heirs, or liquidating and dividing the rights of the heirs, or over the management of The estate and some have requested its liquidation, especially if the bequeather has older children and others are very young and the adults have taken control of their bequeathed money in real estate, money or the management of the company, and the danger is if the rest of the partners fear that the money will remain in the hands of their partner who is threatened with insolvency. The jurisprudential character of the precautionary judicial receiver is that it is a ruling imposed by the judge on the money, according to which the receiver is a temporary guardian of the money, and in positive law he is in the capacity of a representative of the parties to the case, he has the right to manage the money placed in his hand, and then he is the representative of the one who appears to be the owner of the money after the dispute is resolved Thus, the effects of entrustment are valid, which is that the receiver is on behalf of an unspecified person, but he is able to be appointed by judicial authority, so that the actions of the receiver are related to representation in a judicial manner, and the receiver is directly responsible before the judiciary. The rights of the receiver are that the receiver is paid, whether it is a lump sum or a monthly salary according to the usual, and as estimated by the court or the parties to the case, unless he waives it, and often the waiver is not made unless the receiver is a family member and agreed upon between the parties. If he is from outside the family, then it is usual that he demands his dues, and he has the right to claim them if there is no stipulation for him, and this is in contrast to the agent and the depositor, who is not entitled to him unless he stipulates it; Because its building is a donation and is not required, it is not entitled to it except when it is stipulated, which is what contemporary laws have adopted. Understanding judicial procedures has become a matter of urgency in light of the tyranny of material matters and the large number of disputes between partners and heirs, including the concept of judicial custody and its most prominent provisions, especially in light of the weak human rights awareness among members of society.
And legal is ready to carry out the work of the judicial guard, whether authorized by the judiciary or at the request of the parties to the conflict, and this includes all the tasks assigned to the judicial guard.
Panorama Consultancy General character of the work of the judicial guard
- Carrying out the usual management work for the purpose for which the “facility under guard” was established.
- Renewal of the license for the activity, vehicles, equipment and cars owned by the facility under guard
- Renewing workers’ contracts and their participation in health and insurances, renewal of residency, maintenance and renewal of the facility.
- Representing the company and its branches before the courts, federal ministries and government departments, or by appointing a lawyer for it.
- Fulfilling the debts of the “establishment under guard” and the wages of its employees and workers
- Restructuring the administrative work and the functional structure in accordance with the laws and principles
- Disposing of redundant and unprofessional workers and appointing specialized workers
- Hiring experienced people in management
- Pay the dues, and carry out the necessary banking transactions
- Opening new accounts, obtaining credit facilities, and signing exchange and securities vouchers
- Collecting its rights from third parties and partners, taking procedures for claiming and litigating them, and supervising the preparation of audited financial statements indicating profits and losses.
- Develop a periodic report on the activity of the “establishment under guard” and its financial position, supported by documents, every four months.