syPhysical Coercion between Algerian National Legislation and International Treaties

Dr. Fatiha BENNAMANE; Dr. Nadia MOUMOU

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Published: Mar 31, 2025

Keywords:

Physical coercion,, compulsory enforcement,, human rights,, International Covenant on Civil and Political Rights (ICCPR), right.

Dr. Fatiha BENNAMANE

Dr. Nadia MOUMOU

Abstract

Physical coercion is a legal mechanism used to pressure debtors into fulfilling their
financial obligations toward creditors, regardless of the type of debt or the debtor's status.
It constitutes an exception to the general rule regarding debt settlement, according to
which civil obligations are enforced against the debtor's assets rather than their person.
However, refusal of voluntary compliance may prompt creditors to compel debtors
through the intervention of public authorities. Given that this measure restricts personal
freedom, the Algerian legislature has regulated its application, making it enforceable
exclusively concerning noncontractual obligations. Furthermore, ratified international
human rights instruments have established specific limitations and controls, particularly
the International Covenant on Civil and Political Rights (ICCPR).

Issue

Vol. 62 No. 3 (2025): Vol 62 No 3 (2025)

Section

Articles

This work is licensed under a Creative Commons Attribution 4.0 International License.

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