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UAE Civil Procedure Code — articles 301–338
- Article 301 — Article (301)
1. Upon the request of a person concerned, the Execution Judge shall request the relevant real property registration department to register the judgment awarding the auction, after the person in whose favour the auction …
- Article 302 — Article (302)
1. A third party may apply for an order that the execution proceedings be declared void together with any application of entitlement over the real property attached or part thereof, by an action brought through the usual…
- Article 303 — Article (303)
1. If the action of entitlement covers only part of the real property attached, the sale shall not be stayed in respect of the remainder of it. 2. Without prejudice to the provision contained in Clause (1) of this Articl…
- Article 304 — Article (304)
If the thing sold becomes due, the winner of the auction may claim the price and the compensations from the Creditors or Debtors, if they have a reason, and the conditions of the sale may not include exemption from refun…
- Article 305 — Article (305)
Neither the Debtor, nor Judges, nor Members of the Public Prosecution or Execution Bailiffs or Court clerks or attorneys acting on behalf of the persons conducting the procedures on behalf of the Debtor, or their relativ…
- Article 306 — Article (306)
1. The sale of the bankrupt's real property is carried out in accordance with the Federal Law of Bankruptcy and by way of auction, and is conducted based on the conditions of sale provided by the bankruptcy trustee. 2. T…
- Article 307 — Article (307)
1. If the Court orders the sale of real property held in joint ownership on the grounds that it is impossible to divide it up without causing harm, the Execution Judge shall sell it by auction upon the request of one of …
- Article 308 — Article (308)
The rules relating to the procedures for the sale of real property upon the application of Creditors, as provided for in this Code, shall apply to the sales provided for in Articles [306] and [307] of this Code.
- Article 309 — Article (309)
Taking into account the provisions contained in this chapter, the Execution Judge may delegate any natural or legal person, private or public, to take the procedures of levying the attachment or selling the attached item…
- Article 310 — Article (310)
1. If the attachment is levied over money in the hands of the Debtor, or if the property attached is sold, or if (10) ten days have expired from the date of ascertainment of the amount owing in an attachment of property …
- Article 311 — Article (311)
1. If the proceeds of execution are sufficient to satisfy all of the rights of the Judgment Creditors and persons deemed to be a party to the proceedings, then the Execution Judge shall order the payment of the debts of …
- Article 312 — Article (312)
1. If the proceeds of the execution are insufficient to satisfy all of the rights of the Judgment Creditors and persons deemed to be parties to the proceedings, then the person in whose hands the proceeds are shall forth…
- Article 313 — Article (313)
The distribution procedures shall commence by the Execution Judge preparing a distribution list that will be notified to the Debtor and the person in possession of the property and the Judgment Creditors, and persons dee…
- Article 314 — Article (314)
1. The Execution Judge shall deposit with the Case Management Office the final distribution list stating the entitlements of each Creditor by way of principal and expenses. 2. In all cases, the Execution Judge shall orde…
- Article 315 — Article (315)
1. In the case of execution by delivery of a movable or of real property, the Execution Bailiff shall proceed to the place where the item in question is to be handed over to the applicant. They shall state in their minut…
- Article 316 — Article (316)
1. The Execution Bailiff shall notify the person who is required to vacate the real property of the date on which they will attend to the enforcement of the vacation, no later than three days before the day scheduled; wh…
- Article 317 — Article (317)
1. A person applying for forcible execution of an obligation to perform or to refrain from an act shall submit an application to the Execution Judge for them to specify the manner by which such execution shall take place…
- Article 318 — Article (318)
1. If the execution in rem is not possible in the manner specified in Article [317] of this Code, or if the execution requires that the Debtor performs it themselves and they do not do so, then the Execution Judge may ob…
- Article 319 — Article (319)
1. The Execution Judge may make an order on an application submitted by the judgment Creditor for the detention of the Debtor if the latter has failed to execute any Execution Writ unless they prove that they are not abl…
- Article 320 — Article (320)
1. Before issuing the order for detention, the Execution Judge may carry out a brief investigation if they are not sufficiently satisfied by the documents supporting the application. 2. The Judge may grant the Debtor tim…
- Article 321 — Article (321)
1. An order for the detention of the Debtor may not be made in the following cases: a. If their age is less than (18) eighteen years or greater than (70) seventy years; b. If they have a child who has not reached the age…
- Article 322 — Article (322)
If the Debtor is a private body corporate, the order for detention shall be made against those who represent it legally or the person to whom the failure to perform is personally attributable. Travel bans may be made in …
- Article 323 — Article (323)
The Execution Judge shall order that the detention order made against the Debtor shall lapse in the following cases: 1. If the Creditor agrees in writing that the order may be revoked; 2. If the obligation of the Debtor …
- Article 324 — Article (324)
1. Even before filing a substantive lawsuit, if there are serious reasons that fear the Debtor's flight, and the debt is not less than (10,000) ten thousand dirhams, unless it is an established maintenance, a commitment …
- Article 325 — Article (325)
The travel ban order shall remain in force until the expiration, for whatever reason, of the obligation of the Debtor towards their Creditor who has obtained the order. Nevertheless, the competent Judge may order that th…
- Article 326 — Article (326)
The provisions of Articles [324] and [325] of this Code do not apply to foreigners against whom decisions have been issued to extradite them to a foreign country in accordance with the provisions of the Federal Law on In…
- Article 327 — Article (327)
If the Debtor who is banned from leaving the State refuses to hand over their passport without justification, or if it appears to the Judge that they have made a disposition over their assets or has taken them abroad or …
- Article 328 — Article (328)
The 'Use of Remote Communication Technology' in civil procedures means the use of audiovisual means of communication between two or more parties to achieve remote attendance and the exchange of documents, which includes …
- Article 329 — Article (329)
The terms 'Electronic Document', 'Electronic Information', 'Electronic Information System', 'Electronic Signature' shall have the meanings ascribed to them in the Federal Law on Electronic Transactions and Trust Services…
- Article 330 — Article (330)
The provisions for collection of fees, registration, process service, submission of documents, attendance, publicity, pleading, hearing witnesses, examination, deliberation, issuance of judgments, submission of appeals a…
- Article 331 — Article (331)
The President of the Court, the president of the Circuit, the competent Judge, or whoever is delegated by any of them, may take the procedures remotely whenever they decide to do so at every stage of the civil lawsuit, i…
- Article 332 — Article (332)
Remote proceedings may be taken outside the jurisdiction of the Courts of any Emirate hearing remote civil proceedings. When necessary, coordination shall be with the competent authority in the Emirate in which the perso…
- Article 333 — Article (333)
In trials conducted remotely, it is permissible, in each round of the trial, for any of the parties to the case to request the Court to conduct the trial in person, and the Court, after serving a notice on the rest of th…
- Article 334 — Article (334)
1. Remote litigation records shall be recorded and kept electronically before they are transcribed, and shall be deemed confidential. It shall not be permitted to circulate, view, copy or delete them from the Electronic …
- Article 335 — Article (335)
The remote communication technology stipulated in this Code is subject to the information security policies and regulations adopted in the State.
- Article 336 — Article (336)
1. The competent body may transcribe remote litigation procedures in minutes or paper or electronic documents approved by it without the need for the signature of the concerned parties. 2. The Court may be satisfied with…
- Article 337 — Article (337)
Remote communication technology may be used to request or implement rogatory and judicial assistance with foreign countries, in accordance with the provisions of agreements and treaties ratified by the State.
- Article 338 — Article (338)
The Electronic Signature and the Electronic Documents shall have the authenticity prescribed for the signature or the official paper documents, if they meet the terms and conditions stipulated in the Federal Law on Elect…