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Arresting and Confiscation Order & Imprisonment Order in the Execution in UAE

Last updated on December 24th, 2019 at 09:45 am

UAE Federal Law & civil litigation

First: Arresting and Confiscation order: It is a procedural order ruled by the Execution Judge, which is intended to prepare the debtor to appear in order to look into the case of his or her ease, and to absolutely reveal or not to reveal the same.

Second: Imprisonment Order: This is a state order ruled by the Execution Judge after the appearance of the wanted person (execution debtor) and his proven ability to fulfill or by precaution of his escape outside the country according to article 324 of the Federal Civil Procedure Law No. 11 of 1992 and its amendments.

Third: The Arresting and Confiscation Order may not be appealed at all, whereas the imprisonment order may be appealed because it is one of the orders mentioned in article 222 / Para (f) of the Federal Civil Procedure Law No. (11) of 1992 and its amendments which stipulates:
1. The Execution Judge’s orders shall be subject to appeal in the following cases:
(A) The competence or incompetence of the Execution Judge to enforce the executive writ;
B) The seized funds are of a nature permissible or impermissible to be seized or sold.
C) The involvement of persons, other than the opponents, in the custody.
D) Order of preference among the judgment-executor parties.
E) Postponement of the judgment execution for any reason whatsoever.
F) And whether it is permissible or not to imprison those who fail to pay the adjudicated amount.
G) Giving the judgment-debtor a grace period of payment or to apply a payment installment of the executed amount.
2. These orders shall be appealed before the competent court of appeal, within seven days from the date the order is issued if the same is ruled in presentia and from its publication date if the order was ruled in absentia.
3. The appeal shall suspend the enforcement proceedings until the Court of Appeal adjudicates in the dispute, subject to the fact if the appeal is for an (imprisonment order), the appellant must present a bailor to be approved by the Execution Judge, who shall be liable to bring the execution-debtor or to pay the executed amount in case of the bailor’s incapacity to bring him in. If the bailor fails to bring his guarantee, the Judge will charge him with the payment of the bail’s value which shall be obtained from him in the same manner the judgments are being enforced.

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