قصر الحجز ومبدأ التناسب بين المال المحجوز والدين المطلوب وفق التشريع الأردني

نظام قصر الحجز

Abstract

The action of limiting seizure is a legal mechanism designed to uphold the principle of proportionality between the debt owed and the value of the seized assets, thereby safeguarding the creditor’s right to enforcement while preventing undue harm to the debtor. This action does not contest the validity of seizure procedures, but rather confines their scope to what corresponds with the debt value. The Jordanian Court of Cassation has affirmed this approach by emphasizing the necessity of proportionality in enforcement measures. Practical applications, however, have raised the issue of creditor liability when the seizure proves unjustified. Jurisprudence remains divided between attributing liability to bad faith and abuse of rights, or considering it a consequence of the inherent risk in requesting seizure. The study concludes that the enforcement officer currently exercises broad discretion without adequate oversight, which undermines proportionality. Legislative reform is therefore recommended, particularly through provisions permitting seizure of asset yields or revenues instead of complete asset seizure.