ME-ALLIANCE LEGAL INSIGHT
Enforcement Obstacles and Substantive Disputes
Articles 239, 240, and 241 of the UAE Civil Procedures Law regulate enforcement disputes, setting out their rules, procedures, and conditions, in addition to the legal methods for objecting to them.
Judicial Enforcement
is the process of turning judicial rulings into practical reality, where what the court has decided is implemented. However, issues may arise during the execution of these rulings, which are divided into two types: “enforcement obstacles” and “substantive enforcement disputes.”
Enforcement Obstacles
The obstacles that may arise during the enforcement of a judgment, such as difficulty in paying the amount or locating the Judgment debtor . If an issue arises and the temporary solution is to suspend the execution, the executor, the judgment debtor, or any concerned party submits an objection to the execution judge, who then decides whether to suspend the execution or proceed with it.
Substantive Execution Disputes
Relate to objections regarding the content of the judicial ruling itself, such as challenging the correctness of its application or interpretation. The issue lies in disagreements about the subject matter of the judgment or the way it was interpreted or applied, and not in how the judgment is being enforced or the related procedures.
Procedures for registering Enforcement Obstacles and Substantive Execution Disputes
If the execution judge determines that the submitted issue constitutes a substantive execution dispute, he will authorize its submission within 7 working days from the date of the acknowledgment. Execution will continue unless a decision is made to suspend it in the dispute.
The submission of any enforcement obstacles or substantive execution dispute does not result in the suspension of enforcement unless the execution judge decides otherwise.
In all cases, the executer may not begin enforcing the judgment before the judge issues a decision regarding the submitted obstacle.
Contest Judicial Enforcement Ways
When executing a judicial judgment, parties may face certain decisions that can be contested, either by objection or appeal, depending on the type of decision.
Clause 1 of Article 209 of the same law regulates the cases in which an objection may be filed against an enforcement judgment.
An objection is filed when the decision relates to a procedural or temporary measure in the enforcement, such as postponing the enforcement, determining priority in distribution, or accepting a guarantee. The objection is submitted to the head of the court or their delegate and must be filed within 7 days from the date the decision is issued or notified. The head of the court’s decisions regarding the objection are final and cannot be appealed.
Clause 2 of Article 209 of the same law regulates the cases in which an enforcement judgment may be appealed.
An appeal is filed when the decision relates to substantive legal issues in enforcement, such as the jurisdiction of the execution judge, seizing assets that cannot be seized, or rejecting the imprisonment of the debtor. The appeal is submitted to the Court of Appeal and must be filed within 10 days from the date the decision is issued or notified. The appeal is subject to further challenge.
Article 241 of the same law regulates the Security in Execution Disputes
• When submitting a temporary execution dispute, the applicant must pay a security amounting to 5,000 AED.
• If the objection is accepted, the security deposit will be refunded.
• If the objection is rejected, the security deposit shall be seized by law for the benefit of the court.
• (Exception) No security deposit is required in personal status cases.
• In all cases, the dispute will not be accepted unless proof of the security deposit payment (receipt) is attached.
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