The UAE Execution Law If a judgment has been issued in your favor by a UAE court, and you wish to have that judgment enforced through the competent Execution Court, this article clarifies all the provisions of the UAE Execution Law. This information is provided by Samaha Law Firm in the UAE, a firm specializing in the UAE Execution Law.
The UAE Execution Law
The provisions of the UAE Execution Law are contained within the text of the new UAE Civil Procedures Law, issued by Federal Decree-Law No. 42 of 2022.
The UAE Execution Law addresses execution matters through an official known as the Execution Judge, who is appointed in the headquarters of every Court of First Instance, Execution Department, or Execution Court. The same mandatory procedures applicable before the Court of First Instance are followed before the Execution Judge.
Among the most important decisions that the Execution Judge issues to enforce a judgment or an executive instrument are:
- Postponing the execution of the judgment.
- Granting a grace period to the debtor.
- Installment of amounts due.
- Accepting a surety (bail/guarantee).
- Travel ban.
- The ability to detain the debtor if necessary.
What are Executive Instruments?
The following documents are considered Executive Instruments that the Execution Judge must take the necessary measures to enforce under the UAE Execution Law:
- Judgments and orders, including criminal judgments that involve compensation, fines, or other civil rights.
- Authenticated instruments (documents attested to) in accordance with the law regulating authentication and notarization.
- Settlement reports endorsed by the courts.
- Documents that the law grants the status of an executive instrument.
No executive instrument can be enforced except through a copy of that instrument bearing the following Execution Formula (صيغة التنفيذ) as per the UAE Execution Law:
“The authorities and entities specialized in the UAE Execution Law must immediately proceed to enforce this instrument and implement its requirements, and they must assist in its enforcement, even forcibly, whenever requested to do so.”
The required period for the statute of limitations for an execution request is specified as one full year. If the execution applicant does not take any action for a period not exceeding one year, the Execution Judge shall order the temporary closure of the file.
If you require legal consultation regarding the UAE Execution Law, you should contact Samaha Law Firm in the UAE, as they are a firm specializing in this field.
Execution Procedures
The UAE Execution Law also includes several procedures to compel the judgment debtor (the party against whom execution is sought) to comply, the most important of which are:
- Enforcement attachment and precautionary (or conservative) attachment.
- Imposing a travel ban on the debtor and their detention if necessary.
- Attaching what the debtor owns in the possession of a third party.
- Selling the debtor’s real estate and movable property through a public auction.
FAQs on UAE Execution Law
Can the amount be paid in installments to the Execution Judge?
Yes, the Execution Judge has the right to allow the installment payment of the due amount agreed upon according to the executive instrument, provided the debtor submits a request explaining their inability to pay the full amount.
How long does the execution period take?
The execution period can last for the time required for the debtor to be officially notified to pay, which is seven days from the date they are formally notified of the execution by the Execution Judge. If they fail to comply with the executive instrument, the court will take executive measures against them according to the provisions of the UAE Civil Procedures Law, as issued by the Execution Judge.
The execution period can typically range from 15 days to several months, especially if there is no precautionary attachment, enforcement attachment, public auction, and so on.
Does the Execution Judge have the right to reject an execution request?
Yes, the Execution Judge has the right to reject an execution request if the request pertains to a document that is not one of the executive instruments stipulated in the UAE Execution Law, such as judgments, authenticated instruments, or court-endorsed settlement reports, or if the judgment has not acquired its final or conclusive degree and is still subject to appeal.
We have provided you with a comprehensive overview of the UAE Execution Law, clarifying the procedure for execution, what constitutes an executive instrument, and its required formula.
Any person can submit an execution request before the Execution Departments in the UAE Courts by appointing a specialized lawyer, such as Samaha Law Firm, which specializes in the UAE Execution Law. Samaha Law Firm in the UAE is your best choice for matters concerning the UAE Execution Law. Contact Us.