UAE Legislators on 9 December 2018 issued a Decision of Council of Ministers Number 57 of 2018 (the Decision) regarding the recent amendments in Federal Law Number 11 of 1992 concerning the UAE Civil Procedure Code (the Civil Law). 

UAE Legislators on 9 December 2018 issued a Decision of Council of Ministers Number 57 of 2018 (the Decision) regarding the recent amendments in Federal Law Number 11 of 1992 concerning the UAE Civil Procedure Code (the Civil Law).

The decision issued by the Cabinet is major regarding the advertising

and notification procedures. The present article by Legal Consultants of

Dubai shed lights on the notification procedures in Execution cases.

Following are the notable amendments made under the Decision regarding

execution orders:

Article 62

1. Without prejudice to the generality of the rules mentioned in this

law, the law of this provision will be applicable if the creditor's

right is proved or confirmed through a written proof electronically or

through a hard copy and all that has been claimed was a fixed amount of

money or a movable asset of any kind. The conduct of the performance

order shall not prevent the application of interest or take any

precautionary measures.

2. The provisions of the foregoing paragraph shall be followed if the

claim is based on an enforceable contract, agreement or a commercial

paper.

The new law authorizes courts to accept electronic evidence, and their

consideration is based on the performance. It further states that within

those conditions if the demand was based on a transferrable delivery

for instance goods, car, documents or any other type of movable.

In case of an agreement between the parties, the contract included

payment on delivery and not on the account. Accordingly, the performance

behaviour should be justified.

Article 63

1. The creditor must first instruct the debtor to fulfil his debt

within 5 days at least and then he can issue an execution order from a

civil judge within the jurisdiction of the debtor's place of living and

the right or the claim shall not be less than execution order. The

notification of the execution order shall be through various means of

advertisement specified in this regulation.

2. The execution order shall be issued on the basis of a petition,

electronic or paper, as the case may be, provided by the creditor,

accompanied by a deed or a bond or whatever proofs he can submit in the

execution order, and the case management officer shall hold execution

application until the time limit for appeal is completed.

3. The petition for execution shall include all the facts or

statements of the case as provided under Article 6 of the Federal Law

Number 11 of 1992.

4. The order shall be issued within 3 days at most from the

submission of the petition, indicating the amount to be paid or the

movable asset which needs to be provided as the case may be.

5. The concerned petition in this article shall have the same effects

as that of a filling a case from date of filing the suit even if the

court is not competent.

The means of notification stipulated in this regulation in Article 6 includes the procedure for notification as below:

1. The debtor can be contacted by the following means:

whatever electronic means of modern technology which shall be determined

by the decision of the Minister of Council or by any other method

agreed between the parties;

refuses to receive the advertisement, it would be considered as he has

received it or if the person notifying could not locate the person, he

must deliver it to the tenants or his relatives.

above persons refused to receive the notification, or could not find the

debtor, the notification shall be stuck on the outside door of his

residence.

2. Give this to chosen home;

3. In his place of work, and if the person does not find the required

declaration, he must deliver it to the boss at work or any manager.

4. Through companies or private offices;

5. The person giving notification shall verify the age of the person

to whom the notification is delivered as he/she should be above 18 years

of the age, and does not represent any conflict of interest. and in

the case of advertising by means of communication with modern

technologies mentioned in paragraph (a) of item (1) of this Article, the

addressee shall, in addition to the above, ensure that such means

regardless of whether the subscriber is an advertiser, and also in the

case of advertisement of voice or video calls recorded by a valid report

the contents of the call, the time, the date and the person of the

recipient, and the holder shall have the right to prove, and shall be

accompanied by the file of the suit.

6. If the declaration required under Article (1) of this Article may

not be made public, the order shall be submitted to the Office of the

Department, the competent judge or the President, the Department, as the

case may be, to investigate at least one of the relevant authorities

and then announce it in a local daily newspaper in Arabic and a foreign

language.

Article 64

The judge has the discretion to accept or reject the application

completely or in part and if he makes his decision to refuse the

decision shall be justified.

The new law states that the refusal or denial can be because there is no

obligation to fulfil or there is no debt deed. A clear statement of the

performance of an obligation or a guarantee to deliver property and not

movable asset and request should contain compensation amount.

The previous cases can be controlled at the beginning of the

registration, which requires the issuance of an arrest order from the

council of judges of the execution division in follow up with case

management and there should be a contradiction between two authorities,

and it will be in accordance with execution order.

Article 65

The debtor shall be notified about the order issued against him in

accordance with the provisions and methods set forth in these

regulations;

The order for performance of an obligation for the debtor shall be

considered null and void if he has not been notified within 3 months

from the date of issuing the order.

There shall be dedicated authority for ensuring the performance of the

notification along with a secretary and must carry out the procedure to

follow up the notification process with the creditor from the date of

issuance of an order as stipulated in Article 6of the new regulation.

If the notification process is not executed within 3 months, the case

file shall be presented before the judge who can request the legal

authority according to this Article and charge all expenses from the

creditor.

Article 66

1. The debtor may appeal the execution order within 15 days in accordance with the procedure prescribed for appeal;

2. The court shall decide on the appeal within 1 week from the date

of appeal and may decide a hearing if it considers necessary.

The judgment passed by the court of appeal post the request raised by

the debtor shall be binding and final.

Article 67

The rules for immediate execution shall apply to the execution order

in accordance with the provisions of the law or these regulations.

Article 68

If the creditor in the provision of Article (63) of this Regulation

wishes to sign a reservation for the debtor with third parties, it shall

follow the normal procedures in the contract to be signed.