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UAE Civil Procedure Codearticles 201–300

  1. Article 201 — Article (201)

    1. The lawsuit shall be filed by means of a report submitted to the Case Management Office of the Court of Appeal to which the Judge or Member of the Public Prosecution is affiliated, signed by the claimant or whomever t

  2. Article 202 — Article (202)

    The court shall promptly decide whether the aspects of the dispute relate to the case and whether to admit it or reject it, after hearing the claimant or their representative and the defendant Judge or defendant Member o

  3. Article 203 — Article (203)

    1. If the case is admitted, the ruling shall schedule a session to consider the subject of the case in a public session, and it shall pass a judgment thereon after hearing the claimant, the defendant, and the statements

  4. Article 204 — Article (204)

    1. If the case is not admitted in form or it is dismissed in merits, the claimant's security deposit shall be confiscated, and, if applicable, they shall be required to pay indemnities. 2. If the claimant wins the case,

  5. Article 205 — Article (205)

    The judgment issued on the lawsuit may not be appealed except by way of cassation.

  6. Article 206 — Article (206)

    1. Execution shall take place under the supervision of the Execution Judge at the seat of each Court of First Instance, administration, or Court of execution - as the case may be - in every judicial authority, and they s

  7. Article 207 — Article (207)

    1. The Execution Judge shall have exclusive jurisdiction over the execution of Execution Writs and in determining all interim execution disputes on an expedited basis, and they shall also have jurisdiction to pass judgme

  8. Article 208 — Article (208)

    1. Delegation shall be made by the competent Execution Judge to the Execution Judge for the area where the procedure is required to be taken, and it shall have attached to it all of the legal papers required for the exec

  9. Article 209 — Article (209)

    1. Decisions of the Execution Judge shall be appealable in the following circumstances: a. The ranking of priorities between judgment Creditors; or their inclusion in or exclusion from the distribution list; b. Postponem

  10. Article 210 — Article (210)

    The President of the Federal Judicial Council and the heads of the local judicial authorities, each according to their competence, shall issue regulatory decisions regarding the registration of execution applications and

  11. Article 211 — Article (211)

    In the event resistance or aggression occurred against the person conducting the execution, which resulted in the execution’s disruption, the latter must prepare a report on the incident and immediately notify the Execut

  12. Article 212 — Article (212)

    1. Compulsory execution may not be performed save by an Execution Writ giving effect to a right having established existence and of ascertained amount and forthwith due. 2. Execution Writs are as follows: a. Judgments an

  13. Article 213 — Article (213)

    The Court may in expedited matters or in cases in which delay would be detrimental make an order, upon the application of the person concerned, to enforce the judgment without service and without endorsement of the execu

  14. Article 214 — Article (214)

    1. It shall not be permissible to execute a judgment compulsorily so long as it remains open to bring an appeal against it unless expedited effect is provided therefor in the law, or by the judgment. 2. Pursuant to preli

  15. Article 215 — Article (215)

    1. There shall be expedited enforcement by operation of law in the following cases: a. Judgments passed in expedited matters, whichever Court has passed them; b. Judgments issued in personal status cases regarding mainte

  16. Article 216 — Article (216)

    The Court may, upon the application of the person concerned, endorse its judgment for expedited enforcement with or without a surety in the following cases: 1. Judgments passed in commercial matters; 2. If the judgment D

  17. Article 217 — Article (217)

    1. Expedited enforcement by operation of law or by judgment of the Court shall extend also to matters ancillary to the original application and to the costs of the action. 2. It shall not be permissible to agree, prior t

  18. Article 218 — Article (218)

    In cases in which it is not permissible to enforce a judgment or order save by a surety, the person obliged to provide it may elect between providing a solvent guarantor or depositing with the Court's Treasury sufficient

  19. Article 219 — Article (219)

    1. The person obligated to provide a surety shall declare their election either by the Execution Bailiff by an separate document, or by including it in the service of the Execution Writ. 2. In all cases, the election sha

  20. Article 220 — Article (220)

    1. A grievance may be brought before the Court of Appeal against the description of the judgment by the usual procedures for bringing appeals. The Court of Appeal shall consider it while convening in a Deliberation Chamb

  21. Article 221 — Article (221)

    1. It shall be permissible in all cases for the Court before which the appeal or grievance is brought to make an order upon the application of the person concerned staying the execution if it is feared that substantial h

  22. Article 222 — Article (222)

    1. An order may be made for the enforcement in the State of judgments and orders made in a foreign country on the same conditions laid down in the law of that country for the execution of judgments and orders issued in t

  23. Article 223 — Article (223)

    The provisions of Article [222] of this Code shall apply to the awards of arbitrators made in a foreign country; the award of the arbitrators must have been made on an issue which is arbitrable under the law of the State

  24. Article 224 — Article (224)

    1. An order may be made for the enforcement in the State of notarized documents and Memoranda of Composition certified by the Courts of a foreign country on the same conditions laid down in the laws of that country for t

  25. Article 225 — Article (225)

    The rules laid down in the Articles of this Chapter shall apply without prejudice to the provisions of conventions and agreements between the State and other countries regarding the execution of foreign judgments, orders

  26. Article 226 — Article (226)

    As an exception to the provisions of Article [207] of this Code, personal status provisions and decisions are executed under the supervision of a competent Judge who is delegated to the headquarters of each Court. They s

  27. Article 227 — Article (227)

    The Personal Status Execution Judge is solely responsible for executing Execution Writs and decisions related to personal status provisions, adjudicating all disputes and procedural objections of execution and issuing tr

  28. Article 228 — Article (228)

    The personal status Execution Judge, when necessary, may seek the assistance of whomever they deem to be experienced and specialized in personal status matters.

  29. Article 229 — Article (229)

    The personal status Execution Judge may offer reconciliation to the execution parties. The personal status Execution Judge may also certify the Memoranda of Composition that take place between the parties regarding the m

  30. Article 230 — Article (230)

    Execution sessions in matters of personal status are not public, and execution decisions are issued without the need to hold a session for that, unless the personal status Execution Judge decides otherwise.

  31. Article 231 — Article (231)

    Execution of Execution Writs and decisions related to personal status matters takes place after (7) seven days from the date of serving the Writ.

  32. Article 232 — Article (232)

    1. Judgments issued by the personal status Execution Judge in substantive execution disputes are subject to appeal within (15) fifteen days from the date of their issuance. 2. If the execution applicant or the person aga

  33. Article 233 — Article (233)

    1. The execution applicant shall indicate the procedures required to be taken in the Execution Claim Statement when registering the same electronically or on paper. 2. Execution shall be preceded by the service of the Ex

  34. Article 234 — Article (234)

    1. As an exception to the provisions of Article [233] of this Code, and without prejudice to the rules of Prejudgment attachment of movable and immovable property and the garnishment and what is stipulated in any other l

  35. Article 235 — Article (235)

    1. Upon service of the Execution Writ or at any stage during the procedures, if the Debtor tenders to the Execution Bailiff a settlement by paying off their debts using all or part of the price of the asset in question o

  36. Article 236 — Article (236)

    The Execution Bailiff shall not break doors or make openings by force in order to carry out the execution save by the leave of the Execution Judge, and that shall be done in the presence of a policeman, whose presence sh

  37. Article 237 — Article (237)

    1. If the Debtor dies or loses their legal competence or if the person carrying out the procedures loses their capacity to act on their behalf prior to the commencement of the execution or prior to completion thereof, th

  38. Article 238 — Article (238)

    A third party may carry out the matters required under an Execution Writ or compel performance thereof only after a notice is served upon the Debtor of the intention to make such execution no later than (7) seven days pr

  39. Article 239 — Article (239)

    1. If a procedural objection arises upon execution and the matter required to be done is an interim procedure, the Execution Bailiff or the person against whom the execution was made or concerned party shall refer the ma

  40. Article 240 — Article (240)

    True tender shall not result in a stay of execution if the tender is subject to dispute, and the Execution Judge may order a provisional stay of execution accompanied by a deposit of the thing offered or a greater sum th

  41. Article 241 — Article (241)

    Upon registering a temporary execution dispute, the complainant shall deposit a security of (5,000) five thousand dirhams, which shall be refunded if the procedural objection is accepted and confiscated by force of law i

  42. Article 242 — Article (242)

    Without prejudice to the provisions of any other law, the following items may not be attached: 1. Public property owned by the State or any of the emirates and endowment assets. 2. The house used as a residence by a Debt

  43. Article 243 — Article (243)

    If the attachment is not completed in one day, it shall be permissible to complete it on the next consecutively following day or days, and the Execution Bailiff shall take such steps as are necessary to preserve the item

  44. Article 244 — Article (244)

    It shall be permissible at any stage of the proceedings prior to the award of an auction to deposit a sum of money with the Court's Treasury equal to the debts and expenses for which the attachment is being made. Such de

  45. Article 245 — Article (245)

    The Judgment Debtor may apply to the Execution Judge at any stage of the proceedings to assess the amount or such things as may stand in its stead to be deposited with the Court's Treasury for payment to the Judgment Cre

  46. Article 246 — Article (246)

    An attachment shall be imposed within the limits of the debt claimed, and if the value of the right in respect of which the attachment has been made is not proportionate to the value of the property attached, the Debtor

  47. Article 247 — Article (247)

    Without prejudice to the provisions of any other law, the Creditor may apply to the Court hearing the action or to the Judge for expedited matters, as the case may be, for the imposition of a Prejudgment Attachment over

  48. Article 248 — Article (248)

    The owner of movable property and a person having a right in rem against it or a right to retain it may apply for a Prejudgment Attachment thereover in the hands of the person in whose possession it is, by virtue of a pe

  49. Article 249 — Article (249)

    1. If the Creditor does not have an Execution Writ or if their debt is not of a determined amount, the Judge for expedited matters may order an attachment, and provisionally determine the debt owing to the Judgment Credi

  50. Article 250 — Article (250)

    1. The rules and procedures laid down in Articles [264] to [282] of this Code shall apply in the Prejudgment attachment of movable property, with the exception of those related to the fixing of the date for sale, unless

  51. Article 251 — Article (251)

    1. If a lessor of real property effects an attachment over the movable property of sub-tenants in accordance with Clause (2) of Article [247] of this Code, the proceedings shall be directed towards both the head tenant a

  52. Article 252 — Article (252)

    1. Any Creditor may apply to the competent Court or to the Judge for expedited matters for a garnishment over movable property of or debts owing to their Debtor in the hands of third parties, even if they are deferred, o

  53. Article 253 — Article (253)

    A garnishment shall be made, without the requirement for a prior notice to be served on the Debtor, by an order signed by the Judge, and it shall be served on the Garnishee by an Execution Bailiff, and shall contain the

  54. Article 254 — Article (254)

    If the order does not contain the particulars specified in Clauses (1) and (2) of Article [253] of this Code, the garnishment shall be void. Any stakeholder may rely on such voidness.

  55. Article 255 — Article (255)

    1. Payment by the Garnishee shall be made by depositing the assets held by them with the Court's Treasury. If the subject matter of the garnishment is movable assets that cannot be deposited with the Court's Treasury the

  56. Article 256 — Article (256)

    1. If no deposit is made in accordance with Article [255] or Articles [244] and [245] of this Code, the Garnishee shall, within (7) seven days from service of the notice of garnishment on them, report on the property hel

  57. Article 257 — Article (257)

    If the Garnishee dies or loses their legal competence or if they or the person representing them ceases to have capacity, the Garnishor may serve on the heirs of the Garnishee or their representatives a copy of the notic

  58. Article 258 — Article (258)

    The dispute regarding the report of the Garnishee shall be raised before the Court that hears the garnishment action at any stage of the litigation.

  59. Article 259 — Article (259)

    1. If the Garnishee does not report on assets held by them in the manner laid down by law or if they submit an insufficient or inaccurate report, or if they conceal documents that they are required to submit in confirmat

  60. Article 260 — Article (260)

    If the right of the Garnishor is established by an Execution Writ, soon after the report on assets held is made, the Garnishor may apply to the Execution Judge to make an order against the Garnishee to pay to the Garnish

  61. Article 261 — Article (261)

    If satisfaction is not made in accordance with Article [260], and if no deposit is made in accordance with Articles [244], [245] and [255] of this Code, the Garnishor may levy execution against the assets of the Garnishe

  62. Article 262 — Article (262)

    If the garnishment is levied on movable property sold under the procedures laid down for the sale of movable property garnished in the hands of a Debtor.

  63. Article 263 — Article (263)

    A Creditor may impose a garnishment under their own hand over assets held by them in favour of their Obligor; this shall be by order of the competent Judge and notice thereof shall be served on the Debtor, setting out th

  64. Article 264 — Article (264)

    1. Subject to the provisions of Article [236] of this Code, the attachment shall be made by an electronic or paper minute, as the case may be, made out at the place where it is imposed. It shall, in addition to the parti

  65. Article 265 — Article (265)

    1. If the attachment is levied over gold and silver jewelry or gold or gold ingots or another precious metal or jewelry or precious stones, they shall be weighed, and accurately described in the minutes of attachment. Th

  66. Article 266 — Article (266)

    1. The Execution Bailiff shall appoint a custodian over the items attached. They shall appoint the custodian if the Judgment Creditor or the Judgment Debtor do not propose a solvent person. The Judgment Debtor shall be a

  67. Article 267 — Article (267)

    1. If the custodian is present at the time of the attachment, the items attached shall be handed over to them at the place of attachment thereof after they sign the minutes of attachment and a copy thereof is handed over

  68. Article 268 — Article (268)

    A custodian who is not the Debtor or the custodian in possession shall be entitled to receive a fee for their custodianship, and such fee shall have the same priority status as judicial costs over the movables attached.

  69. Article 269 — Article (269)

    1. The custodian may not use the items attached or exploit them or lend them or render them perishable, failing which they shall be deprived of their custodianship fee, in addition to their being obliged to pay compensat

  70. Article 270 — Article (270)

    1. A custodian may not apply to be relieved of the custodianship before the day scheduled for the sale save for reasons necessitating that course, and their relief shall be by order on petition made by the Execution Judg

  71. Article 271 — Article (271)

    1. If an Execution Bailiff goes to impose an attachment over movables that have already been attached in the hands of the Debtor, the custodian thereof shall show them a copy of the minutes of attachment and shall hand o

  72. Article 272 — Article (272)

    1. After completing the attachment, the Debtor may submit to the Execution Judge a request to sell the attached property to one of the purchasers. Their request shall be accompanied by the sale price and the purchaser's

  73. Article 273 — Article (273)

    1. The sale shall be conducted at the place at which the items attached are or at such place as the Execution Judge may specify for the sale of the attached things, unless convenience dictates otherwise. It shall take pl

  74. Article 274 — Article (274)

    If the sale does not take place on the day specified in the minutes of attachment, another day shall be specified for it, to be notified to the custodian and the concerned parties. The advertisement shall be re-published

  75. Article 275 — Article (275)

    1. The sale shall be conducted by public auction under the supervision of the Execution Judge with the Execution Bailiff acting as auctioneer, and the price must be paid forthwith. The Execution Judge may give the auctio

  76. Article 276 — Article (276)

    If nobody attends to purchase jewelry or gold or silver ingots or ornaments or precious stones or items that have been valued by an expert's report and the Creditor does not accept satisfaction of their debt in specie at

  77. Article 277 — Article (277)

    If the person to whom the sale on auction has been awarded does not forthwith pay the price, the Judge may give them a period of (5) five days to pay, and after the aforementioned period expires and they fail to pay the

  78. Article 278 — Article (278)

    The Execution Bailiff shall cease to proceed with the sale if an amount results therefrom sufficient to pay the debts for which the attachment was made as well as the costs. With regard to any attachments imposed thereaf

  79. Article 279 — Article (279)

    An action for the recovery of the items attached shall be brought before the competent Court, and the bringing of such action shall result in a stay of the sale unless the Court orders that the execution be proceeded wit

  80. Article 280 — Article (280)

    1. The Judgment Creditor may proceed with the execution if the Court passes judgment striking out the action for recovery or if it is regarded as being void ab initio or judgment is passed ruling that it be so treated. T

  81. Article 281 — Article (281)

    1. The Judgment Creditor may proceed with the execution if the Court passes judgment striking out the action for recovery or if it is regarded as being void ab initio or judgment is passed ruling that it be so treated. T

  82. Article 282 — Article (282)

    1. If a second action for recovery is brought by the same recoveror and their first action is deemed void ab initio or judgment has been passed treating it as such or rejecting it or disallowing it, or ruling that the Co

  83. Article 283 — Article (283)

    1. Bearer shares and papers or endorsable shares and papers may be attached by the same modalities laid down for the attachment of movables in the hands of a Debtor or a third party. 2. Attachment of revenues due and nom

  84. Article 284 — Article (284)

    Shares and papers and other property as provided for in Article [283] of this Code shall be sold by public auction in accordance with the procedures provided for in Article [288] et seq. under the supervision of the Exec

  85. Article 285 — Article (285)

    1. An Judgment Creditor shall make an application for the attachment of real property to the Execution Judge and the request shall include the following: a. The name, surname, occupation, domicile and place of work of th

  86. Article 286 — Article (286)

    1. If the Execution Judge decides that the application for attachment over real property satisfies the legal requirements, they shall make their decision for the attachment and the Execution Bailiff conducts it electroni

  87. Article 287 — Article (287)

    1. The Execution Bailiff shall, within (7) seven days from the attachment, serve on each of the Debtor and the person in possession of the property and the surety in rem a copy of the application for attachment, after en

  88. Article 288 — Article (288)

    1. After completing the attachment, the Debtor may submit to the Execution Judge a request to sell the attached property to one of the purchasers. Their request shall be accompanied by the sale price and the purchaser's

  89. Article 289 — Article (289)

    1. The announcement of the sale shall contain the following particulars: a. The name of the Judgment Creditor and the Debtor, and the person in possession of the property or the surety in rem, and the surname, occupation

  90. Article 290 — Article (290)

    If the real property offered for sale is capable of sub-division, and part of that real property, as assessed by the experts, is sufficient for payment of the debt, interest, fees and costs, the Execution Judge shall seg

  91. Article 291 — Article (291)

    It shall not be permissible to sell real property otherwise than to a national of the State, with the exception of the cases pertaining to the permissibility of foreigners owning real property stipulated in the laws in f

  92. Article 292 — Article (292)

    1. No disposition made by the Debtor or person in possession of the property or surety in rem over the real property shall take effect, nor shall any resulting mortgage or priority take effect against the Judgment Credit

  93. Article 293 — Article (293)

    1. If the real property is encumbered by a security in rem and vests in the person in possession of the property under a contract registered prior to the attachment, then notice shall be given to the person in possession

  94. Article 294 — Article (294)

    1. Persons concerned shall submit any arguments relating to voidness of the advertisement provided for in Articles (287] and (288] of this Code by an application submitted to the Execution Judge no later than three days

  95. Article 295 — Article (295)

    The Creditor shall, before the commencement of the auction procedures, deposit such sum as the Execution Judge shall specify to cover the costs and expenses of the sale of the real property, including advocacy fees. Such

  96. Article 296 — Article (296)

    1. The Execution Judge shall, on the day specified for the sale, supervise the conduct of the auction, and they may not proceed with the auction until it has been ascertained that the judgment under which execution is be

  97. Article 297 — Article (297)

    1. The person whose bid is approved by the Execution Judge shall, within the ten days following the sale session, deposit the full price approved plus costs, and in the event that the price is paid the Judge shall order

  98. Article 298 — Article (298)

    1. If the auction is delayed for legal reasons the auction shall be repeated within a period of (15) fifteen days from the date on which the reasons for the delay ceased to exist. 2. If the auction is left for a period o

  99. Article 299 — Article (299)

    1. The judgment awarding the auction shall be issued in the format of judgments, and shall contain a copy of the application for attachment of the real property, a statement of the procedures followed in that regard, and

  100. Article 300 — Article (300)

    1. There shall be no appeal against the judgment awarding the auction, save for a defect in the auction procedures or in the form of the judgment, or because it has been issued without a stay of the procedures in a case

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