Summary Enforcement Under UAE Civil Procedure Law
Posted on 29th April 2010 by Camille Paldi,
Federal Law No. 11 of 1992 The Civil Procedure Law
- Judgments may not be compulsorily executed if their objection by appeal is admissible unless the summary enforcement is provided for in the law or awarded in a judgment.
- Nevertheless, preventive measures may be taken in accordance therewith.
Summary execution is required by force of law in the following cases:
a.)¬†¬†¬† Judgments issued in summary matters regardless of which court issued them.
b.)¬†¬†¬† Orders issued on petitions.
Summary enforcement of execution shall be without guarantee, unless it is provided in the judgment or in the order for submission of a guarantee.
At the request of an interested person, the court may include the summary enforcement of the execution in its judgment with or without a guarantee in the following cases:
- Judgments issued in commercial matters.
- If the adjudged party has admitted the existence of the obligation even if he contests its scope or alleges its expiry.
- If the judgment has been given in execution of a former judgment having the force of res judicata if it entails the summary enforcement of execution without a guarantee or if is based on an official deed which has not been challenged for forgery or an unrenounced¬† conventional deed when the adjudged person is a party to the former judgment or party to the deed.
- If the judgment is given in favor of the applicant for execution in a dispute relevant to him.
- If the judgment is given for payment of wages, salaries, or compensation arising from a work relationship.
- If the judgment is given in a lawsuit for possession or for eviction of a tenant whose lease has expired or been revoked, or for vacating the occupant of a lease-hold who has no need, where by the plaintiff ‚Äės right is not renounced or if it is established by an official deed.
- In any other case, where the delay of execution causes serious damage to the interests of the decree holder, however full details to this effect shall be given in the judgment.
- Compulsory summary execution, by law or by judgment shall be extended to the annexes of the original demand and to the expenses of the lawsuit.
- No agreement before the judgment may be made to include the summary enforcement in any case other than those mentioned herein above.
In cases where the judgment or the order may be executed except by a guarantee, the debtor shall have the choice either to introduce a solvent guarantor or to deposit in the court‚Äôs treasury an adequate amount of money or securities to accept the deposit of execution proceeds in the court‚Äôs treasury or to hand over the thing which the judgment has ordered to be delivered or the order to a trustworthy receiver.
- The party who is obliged to provide the guarantee shall declare his choice either through the representative of the execution in an independent paper or through the notification of the executive deed.¬†
- In all cases, the choice shall include the designation of a selected domicile for the applicant of execution in the state if he has no domicile or place of work therein where the papers of the dispute over the guarantee can be delivered to him.
- The interested party within three days of the notification of the choice shall present the judge of execution with a complaint in which he disputes the solvency of the guarantor, the trustworthiness of the receiver or the adequacy of the deposited amount.¬† The judgment concerning the complaint shall be final.
- If the complaint has not been submitted on time or if it has been submitted and rejected, the judge of execution shall take a pledge from the guarantor to provide the guarantee or from the receiver to accept the receivership.¬† The record that includes the pledge of the guarantor or the receiver shall be tantamount to an executive deed towards him of the commitments incumbent upon the guarantor or upon the acceptance of the receiver.
- A grievance against the judgment description may be raised before the court of appeal by the usual procedures for submission of appeals and the time for appearance shall be three days.
- This grievance may be presented in the session even after the lapse of the appeal time, while the appeal submitted on the judgment is being heard.
- The judgment on the grievance shall be issued independently of the merits.
- In all cases, the court to which the appeal or grievance is submitted, shall order the stay of execution at the request of the interested person if serious damage may result from the execution.
- When it orders the stay of execution, the court may require a guarantee or order whatever it considers to be a surely to preserve the right of the decree holder.
Posted on 29th April 2010 by Camille Paldi