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Federal & Local Laws Concerning Arbitration in UAE
 
The UAE Civil Procedure Code, Federal Law No. (11) of 1992
Chapter (V)

"Execution procedures"


Article (239)

  1. Execution must be preceded by the announcement of the writ of execution in accordance with announcement procedures determined herein.
  2. Announcement paper shall include a statement of the required debt and an assignment to the debtor to settle it within fifteen days as of its notification of the same. Announcement shall also include the execution petitioner selected address within the execution court jurisdiction if its original address or place of business was not within such jurisdiction.
  3. If writ of execution was issued by virtue of a documentary credit opening contract, announcement shall also include a statement of the debtor’s account extracted from the creditor’s trade boards.
  4. In case of execution by evacuation of real property or handing over of movable monies or real property, the announcement of the writ of execution shall include a detailed statement of such monies.
  5. If the writ of execution specified the evacuation or handing over date, the announcement shall include the same.


Article (240)

  1. If the debtor expressed its desire to the execution commissioner upon the announcement of the writ of execution or at any stage of the procedures, to settle the debt against which execution effected in full or part, the execution commissioner shall record the same in the report and assign the debtor to deposit the offered amount with the court treasury in favour of the execution petitioner. Deposit shall be made on the same day or not later than the next day.
  2. If the offered amount was part of the debt, execution commissioner shall continue with the execution in respect of the remaining balance.


Article (241)

  1. Execution commissioner may not break doors or locks by force for effecting execution unless under the approval of the execution judge and in presence of a policeman whose signature shall appear on the execution report.


Article (242)

  1. In case of the debtor’s death or if it became incapacitated or the capacity of the person acting on behalf of the debtor was removed before commencement of execution or before completion thereof, execution may not be effected against its heirs or successors except after the lapse of eight days after the date on which they were notified of the writ of execution.
  2. In case of the debtor’s death or if it became incapacitated or the capacity of the person acting on behalf of the debtor was removed after commencement of execution, execution procedures and all other appointments there under shall stop until expedited by either parties.
  3. Announcement referred to in the preceding paras, may be notified to the heirs collectively at the last address in which the debtor was residing without stating their names and capacities, before the lapse of three months after the date of death.


Article (243)

  1. Third parties may not carry out or be forced to carry out actions required under writ of execution unless the debtor was notified of the intention to do so before eight days at least.

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