Federal Law No. (11) of 1992 Concerning Issuance of the Civil Procedures Code

Preamble
* Amended by:
Federal Law No. (30) of 2005 dated 30/11/2005
Federal Law No. (10) of 2014 dated 20/11/2014
We, Zayed Bin Sultan Al-Nahyan, the President of the United Arab Emirates State,
Pursuant to the perusal of the provisional* Constitution, and
* The word “provisional” has been deleted from the Constitution of the United
Arab Emirates, wherever mentioned, by virtue of Article (1) of the
Constitutional Amendment No. (1) of 1996 dated 02/12/1996; this Constitution
has become the permanent Constitution of the State.
Federal law No. (1) of 1972 Concerning the Areas of Jurisdiction of the Ministries,
the Jurisdictions of the Ministers and the amended laws thereof, and
Federal law No. (10) of 1973 Concerning the Federal Supreme Court and the
amended laws thereof, and
Federal law No. (11) of 1973 Concerning the Organization of Juridical Relationships
between the Emirates Members in the Union, and
Federal law No. (6) of 1978 Concerning the Foundation of Federal Courts and
Transferring to Them the Areas of Jurisdiction of the Local Juridical Institution in
Some Emirates and the amended laws thereof, and
Federal law No. (17) of 1978 Concerning the Organization of the Appeal’s
Conditions and Proceedings through Cassation before the Federation Supreme Court
and the amended laws thereof, and
Law of Civil Transactions issued by the federal law No. (5) of 1985 and the amended
laws thereof, and
Federal Law No. (11) of 1992 Concerning Issuance of the Civil Procedures Code
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On the grounds of what the Minister of Justice has exposed, the consent of the
Cabinet, and the authentication of the Federal Supreme Council,
Have promulgated the following Law:
Article (1)
* As amended by Federal Law No. (30) dated 30/11/2005:
The concomitant law shall be applied concerning the civil procedures before the courts,
and all the laws, regulations, orders, arrangements and the instructions practiced, which
are particular to the civil procedures shall be cancelled. That with the exception of the
validity of the competent authority in the emirate which hasn’t transferred its local
judiciary corps to the federal judiciary through the formation of courts or special
judiciary committees for examining and settling any specific action at law or legal matter
according to its law which is in operation when this law is issued.
Article (2)
This law is to be published in the official gazette, and will be effective three months after
its publication date.
Promulgated by Us
At the Presidential Palace in Abu Dhabi
On 24 February 1992
Corresponding to 21 Shaaban 1412 H.
Zayed Bin Sultan Al Nahyan
President of the United Arab Emirates
Federal Law No. (11) of 1992 Concerning Issuance of the Civil Procedures Code
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FEDERAL LAW CONCERNING CIVIL PROCEDURES
(UAE CIVIL PROCEDURE CODE)
Introductory Chapter. General Provisions
Article (1)
1. The laws of the procedures are to be applied on the actions which haven’t been settled
and the proceedings which haven’t been executed prior to the date of their
application.
That with the exception of:
a) The amending laws of jurisdictions, when their date of application is after the
action’s shutdown.
b) The amending laws of the dates, when the date comes before acting according to
them.
c) The laws regulating the modes of appeal with regard to the decisions which have
been issued before applying them, when such laws are abrogated or are
constituent to one of these modes.
2. Any procedure which is considered valid under a law in force is to remain valid
unless stipulated otherwise.
3. What is originated as dates shall not entail the failure of the case’s audition,
extinction or other dates of proceedings except from the date of applying the law
which has originated them.
Article (2)
No request or plea from a person shall be accepted unless he has an existent and legal
interest thereof. However, the potential interest shall be sufficient if the purpose of the
request is a precaution to repel a forthcoming danger or to verify a right of which the
evidence can be lost when disputing thereabout.
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Article (3)
1. If the law stipulates an imperative date to take measures occurring by declaration the
date will not be considered unless the declaration is done there within.
2. If the law stipulates that a procedure should be fulfilled by way of deposit, it must be
executed within the date appointed in the law.
Article (4)
The language of courts is Arabic, and the court should hear the statements of the parties,
witnesses or others who have no knowledge of the Arabic language with the help of an
interpreter after he/she has taken an oath, unless he/she did it already before being
employed or before getting the interpretation license.
Article (5)
* As amended by Federal Law No. (10) of 2014 dated 20/11/2014:
1. The notice shall be served upon a party’s request or a court’s order by the process
server or in in any other way prescribed by the Law.
2. The Court may authorise the plaintiff or his attorney to serve the notice.
3. Notice may be served through a company or one or more private offices.
The Cabinet shall issue the notice serving regulation through private companies and
offices as well as the conditions required for the notice serving process to be carried
out according to the provisions hereof.
Every person assigned to be in charge of the notice serving process shall be deemed a
process server.
4. If it is impossible for the process server to serve the notice, the matter shall be
referred to the case management office, the competent judge or the head of circuit,
according to the circumstances, to decide the appropriate modification to be made to
the notice serving method.
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Article (6)
* As amended by Federal Law No. (10) of 2014 dated 20/11/2014:
1. No notice may be served and no execution procedure may be undertaken by any of
the process server or the executor, before seven o’clock in the morning or after eight
o’clock in the evening, or during the official holidays, except in case of necessity and
under a written permission from the competent judge, the head of circuit or the
magistrate of summary justice.
2. As for the government and the public legal persons, the date of notice serving or
commencement of execution shall be set in accordance with their activities and their
office hours.
Article (7)
* As amended by Federal Law No. (10) of 2014 dated 20/11/2014:
The notice paper shall include the following information:
a) The date of the day, month, year and hour when the notice has been served.
b) The notice applicant’s name, title, profession or job, domicile, elected domicile and
workplace, as well as the name of the applicant’s representative, his title, profession
or job, residence and workplace in case he works for others.
c) The name of the the notified person, his title, profession or position and domicile or
elected domicile. In case his domicile was unknown at the time when the notice was
served, his last domicile and workplace should be specified.
d) The name of the process server, his position, the entity to which he belongs and his
signature on both the original and the copy of the notice paper.
e) The subject of the notice.
f) The name of the person who received the notice, his title, signature, seal or
fingerprint on the original paper as acknowledgment of receipt or for proving his
abstention and the reason thereof.
Article (8)
* As amended by Federal Law No. (10) of 2014 dated 20/11/2014:
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1. The notice paper copy shall be delivered to the addressee wherever found or at his
domicile, residence, elected domicile or workplace. Should it be impossible to serve
him the notice or should he abstain from the receiving such notice, the case
management office shall either serve him the notice or authorise same through
registered mail, fax, email or similar modern technology means specified by virtue of
a decision issued by the Minister of Justice, or by any means agreed upon by the
parties.
2. If the process server was unable to find the addressee neither in his domicile nor in
his residence, he shall deliver the copy of the notice to any of the persons living with
said addressee including spouses, relatives, in-laws or servants. In case the process
server was unable to find the addressee in his workplace, he shall deliver a copy of
the notice to the chairman or to any manager or employee.
3. The process server shall make sure that the person to which the notice is served is at
least 18 years old and that neither such person nor the person represented thereby
have an apparent conflict of interests with the addressee.
4. If the case management office, the competent judge or the head of circuit, as the case
may be, was ascertained that the addressee has no domicile, residence, elected
domicile, workplace, postal address, fax, or email address, or should the parties fail
to agree on the means to serve the notice, it shall be posted on the notice board of the
court or clearly on the door of the last place wherein he used to reside if any, or by
publication in a widespread daily newspaper issued in Arabic in the State and in
another newspaper issued in a foreign language, if needed, should the addressee be a
foreigner. The posting or publication date shall be considered as the notice serving
date.
5. The original notice paper shall be attached to the case file.
Article (9)
* As amended by Federal Law No. (10) of 2014 dated 20/11/2014:
With the exception of the provisions stipulated in special laws, the notice paper copy
shall be delivered as follows:
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1) As for ministries, governmental, federal, local departments and public authorities and
institutions of all kind, the copy shall be delivered to their legal representative.
2) As for private companies, associations and institutions and all other private legal
persons, the copy shall be delivered at their head office, to their legal representative
or whoever acts in his stead. If they are not present, the copy shall be delivered to one
of their office’s employees. In case the aforementioned establishments have no head
office, the copy shall be delivered to their representative personally or at his
domicile. Should it be impossible to serve the notice, the procedure mentioned in
Clause 4 of Article (8) of the present Law shall be applicable.
3) As for foreign companies that have a branch or an office in the State, the copy shall
be delivered to the manager of the company’s branch or office or whoever legally
represents it in the State. In case of his absence, the copy shall be delivered to one of
his office’s employees.
4) As for the members of the armed forces, the police or the like, the copy shall be
delivered to the competent department to deliver it to them.
5) As for prisoners, the copy shall be delivered to the head office of the place where
they are imprisoned in order to serve it to them.
6) As for sailors of commercial vessels and their crews, the copy shall be delivered to
the master in order to serve it to them. If the vessel has left the port, the copy shall be
delivered to the shipping agent.
7) As for persons who have a known domicile abroad, the copy shall be delivered to the
ministry of justice to communicate it to them by diplomatic means, unless the notice
serving methods in such case are regulated under special agreements.
However, notice may be served by any means agreed upon by the parties. In such
case, notice may be served through one or more companies or offices, in accordance
with the controls set by virtue of a Cabinet Decision.
Article (10)
* As amended by Federal Law No. (10) of 2014 dated 20/11/2014:
The notice shall be considered effective according to the following:
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1) From the date of receipt of a copy thereof in accordance with the preceding
provisions.
2) From the date on which the letter is sent by the Ministry of Foreign Affairs or the
Diplomatic Mission to indicate that the addressee has either received a copy of the
notice or abstained from receiving same.
3) From the date of acknowledgment of receipt of the registered mail, fax or email.
4) From the date of posting or publication according to the provisions set forth in the
present Chapter.
Article (11)
* As amended by Federal Law No. (10) of 2014 dated 20/11/2014:
1. If the law has set, for attendance or for the occurrence of procedures, a duration
counted by days, months or years, the day on which the notice is served or the matter
considered by the law as giving effect to the duration shall not be counted. The
duration shall expire by the end of the office hours of the last day thereof.
2. If the duration was counted by hours, the hour on which the duration commences and
on which it expires should be counted as mentioned.
3. In case the date should expire before the procedure, the procedure should not take
place before the lapse of the last day of the duration.
4. The durations counted by month or year shall expire on the corresponding day of the
following month or year.
5. In all cases, if the end of the duration falls in an official holiday, the duration shall be
extended to the following working day.
6. The durations counted by month or year shall be set according to the Gregorian
calendar where a month consists of 30 days, unless the law stipulates otherwise.
Article (12)
* Abrogated by Federal Law No. (10) of 2014 dated 20/11/2014. The previous text
(as amended by Federal Law No. (30) dated 30/11/2005) reads as follows:
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1. A date of 10-day period is to be added to the dates stipulated in such law for that
whose residence is located out of the court’s area and 90 days to that whose residence
is outside the United Arab Emirates.
2. It is possible, in case of the fluency of transportation and emergency circumstances,
to reduce the distance date with an order from the competent judge or the circuit
manager, in conformity with the cases given, and that should be notified with a
notification paper.
3. Such date shall not be applied in favor of that who shall be personally notified in the
state during his stay therein, but the competent judge or the circuit manager,
according to the case, having examined the action, may give orders to extend the
ordinary dates or consider them extended, on the condition that they shall not, in both
cases, go beyond the date due, if he were notified in his residence abroad.”
Article (13)
The procedure shall be null if the law has stipulated expressly its nullity or if it has been
impaired with a defect or an essential imperfection because of which the procedure
purpose has not been fulfilled.
In case the procedure purpose has been proved, the nullity shall not be decided in spite of
the stipulation thereon.
Article (14)
With the exception of the cases where the nullity is related to the public order:
1) It is not allowed to anyone to adhere to the nullity except the one for whom it was
legislated.
2) And it is not permitted that the party, who caused such nullity, adhere to it.
3) The nullity shall be extinguished in case that the person who has enacted it would
expressly or implicitly disclaim it for his interest.
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Article (15)
It is possible to validate the null procedure even after the adherence to the nullity, on the
condition that such validation shall be fulfilled on the date legally decided for
undertaking the procedure, and if the procedure has not had a date decided in the law, the
court shall fix a convenient date for validating it and the it shall not be considered except
from the date of its validation.
Article (16)
If the proceeding is null and it has the elements of another, the later shall be correct as it
shall be considered the procedure which has all its elements. And if the procedure is null
in one of its sections, only such section will be null.
The nullity of the previous or subsequent procedures to such procedure shall not be
consequential to its nullity unless it is stipulated thereon.
Article (17)
At the sessions, there should be attending with the judge a notary to undertake the
redaction of the report and the signature thereon with the judge, otherwise the work
would be null, and the session’s report shall be considered an official document of what is
recorded therein.
Article (18)
It is not allowed that the declaration agents, the notaries, or any of the judge’s assistants
take up any work that falls within their professions in the cases belonging to them, to
their spouses, relatives or sons-in-law, up till the fourth degree, or otherwise such work
would be null.
Article (19)
1. The provisions of such law are to be applied on all the civil, commercial or personal
status action that are prosecuted before the state courts.
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2. The court of first instance means in such law the court of first degree whether it were
Civil or Sharia.

BOOK ONE. THE PROSECUTION BEFORE THE COURTS
Title One. The Courts’ Areas of Jurisdiction
Chapter I. The Courts’ International Jurisdiction
Article (20)
With the exception of the real actions related to a real estate abroad, the courts shall have
the jurisdiction to examine the actions prosecuted against the citizen and the actions
prosecuted against the foreigner who has residence or domicile in the state.
Article (21)
The courts shall have jurisdiction to examine the actions against the foreigner who has no
residence or domicile in the state in the following cases:
1) If he had an elected domicile.
2) If the action is related to real estates in the state, a citizen’s heritage, or an open estate
therein.
3) If the action is concerned with an obligation concluded, executed, or its execution
was conditioned in the state or related with a contract required to be authenticated
therein or with an incident occurred therein or bankruptcy declared at one of its
courts.
4) If the action has been prosecuted from a wife who has a residence in the state, against
her husband who had a residence therein.
5) If the action is concerned with an alimony of one of the parents or the wife or with a
sequestered or with a minor, or with his relationship or with a custody on fund or on
person, in case that the claimer of the alimony, the wife, the minor or the sequestered
has a residence in the state.
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6) If the action is concerned with the civil status and the plaintiff is a citizen or a
foreigner who has residence in the state, provided that the defendant had not a
determined residence abroad or the national law is imperatively applicable on the
action.
7) If one of the defendant has a residence or domicile in the state.
Article (22)
The courts shall have jurisdiction to settle the primary issues and the interlocutory
requests on the original action falling under its jurisdiction, and they shall also have
jurisdiction to decide on every request related to such actions and which the good course
of justice requires its examination therewith. They shall also have jurisdiction to order
summary and precautionary provisions which shall be executed in the state even if they
were not related to the principal action.
Article (23)
If the defendant hasn’t come and the court has not had the jurisdiction to examine the
action according to the precedent articles, the court shall automatically decide its lack of
jurisdiction.
Article (24)
Any agreement which shall be inconsistent with the articles of this section shall be
considered null.

Chapter II. The Courts’ Specific and Valuable Jurisdiction
Article (25)
* As amended by Federal Law No. (10) of 2014 dated 20/11/2014:
The courts of first instance shall have jurisdiction to hear all civil, commercial,
administrative, labour and personal status lawsuits with the exception of those to which
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the Federation is a party, since such lawsuits shall fall within the jurisdiction of Federal
Courts.
Article (26)
* As amended by Federal Law No. (30) dated 30/11/2005:
With the exception of the provisions of the preceding article’s stipulation, it is possible
that each Emirate forms committees that have their own jurisdiction to examine the
litigations concerned with leases of locations between the lesser and the lessee and it has
the authority to organize provisions for executing the decisions of such committees.
Article (27)
The appellate courts shall have jurisdiction to decide on the appeal cases prosecuted
before them from the judgments delivered from the courts of first instance according to
what is stipulated in the law.
Article (28)
* As amended by Federal Law No. (30) dated 30/11/2005:
1. There shall be appointed, at the location of the court of first instance, one of its
judges to decide temporarily, and with no prejudice to the original right, in the
summary issues, of which there is worry from the expiry of date.
2. The court of merits shall have jurisdiction to examine such issues if they were
prosecuted consequently thereto.
3. As for in the out-sphere of the city, where the court of first instance is located, such
jurisdiction shall belong to the court of summary justice.
Article (29)
The summary judiciary shall have jurisdiction to decide the imposition of a legal
sequestration on movables, real estate, or a set of assets about which a litigation has taken
place or the right thereto has not been settled, in case the person who has the interest
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would have plausible reasons according to which he would apprehend an urgent risk that
the property would remain under his possessing hand.
Article (30)
* As amended by Federal Law No. (10) of 2014 dated 20/11/2014:
1. The minor circuits formed by a single judge shall issue first instance judgments in the
following matters:
a) The civil, commercial and labour actions whose value does not exceed AED
500,000 and counterclaims whatever was their value;
b) Personal status actions, actions for division of common property and the actions
related to the claim and specification of wages and salaries whatever was their
value.
In all cases, the minor circuits’ judgments shall be final if the lawsuit’s value
does not exceed AED 20,000.
2. The major circuits formed of three judges shall have jurisdiction over the following:
a) Deciding upon all civil, commercial and labour actions which do not fall within
the jurisdiction of the minor circuits;
b) Administrative and real estate actions, whether original or accessory, whatever
was their value;
c) Deciding upon temporary or summary claims and all other counterclaims as well
as the claims related to the original request, whatever was their value or type;
d) Bankruptcy and preventive composition lawsuits;
e) Lawsuits that fall within their jurisdiction as per the law.

Chapter III. The Courts’ Local Jurisdiction
Article (31)
1. The court, in which area the defendant’s residence exists, should have the jurisdiction
unless the law stipulates otherwise, in case he had not a residence in the state, the
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jurisdiction should be given to the court in which area his residence or his workplace
exists.
2. It is possible to prosecute the action to the court in which area the prejudice has taken
place, and that is to be in case of the actions of indemnity for the occurrence of
damage on a person or a property.
3. The jurisdiction should be in the commercial matters of the court in which circuit the
prosecuted residence exists or be given to the court in which circuit the agreement
has been concluded, totally or partially executed or to the court in which circuit the
agreement should be executed.
4. If there are more than one prosecuted, the jurisdiction should be at the court in which
circuit the residence of one of them exists.
5. In other than the cases stipulated in the Article (32) and the Articles from (34) to
(39), it is possible to agree on the jurisdiction of a certain court to examine the
litigation, and in such case the jurisdiction will be given to such court or the court in
which circuit the prosecuted residence, domicile or workplace exists.
Article (32)
1. In the real estate actions and the possession actions, the jurisdiction should be given
to the court in which circuit the real property, or one of its parts in case it exists in
more than one court’s circuit.
2. In the personal real estate actions the jurisdiction should be given to the courts in
which circuit the real property or the residence of the prosecuted exists.
Article (33)
In the actions related to existing or liquidated companies or societies, or private
foundations the jurisdiction should be given to the court in which circuit its
administration center exists, and it is possible to take legal action to the court in which
circuit the branch of the company, association, or foundation exists and that is concerning
matters related to such branch.
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Article (34)
The actions concerned with inheritances which are prosecuted prior to the division from
the estate creditor or from some heirs against each other should be of the jurisdiction of
the court of which circuit the residence of the deceased exists.
Article (35)
1. The actions concerned with commercial bankruptcy should be of the jurisdiction of
the court in which circuit the bankrupted commercial store exists, and in case it had
many commercial stores, the court of the store which was used as a main center to its
commercial activities should have the jurisdiction.
2. If the tradesman retired from the trade, the actions should be brought before the court
to which the residence of the prosecuted belongs.
3. As for the actions of bankruptcy, it should be prosecuted before the court which
adjudged ( sentenced ) the declaration of the bankruptcy.
Article (36)
The jurisdiction in the litigations related to supplies and contracting works and the lease
of houses and wages of workmen and artisans and wageworkers should be given to the
court of the residence of the prosecuted or to the court in which circuit the agreement has
been concluded or executed.
Article (37)
In the litigation related to the claim of the insurance value, the jurisdiction should be
given to the court in which circuit the residence of the beneficiary or the location of the
insured property.
Article (38)
1. In the actions including a demand for undertaking a temporary or summary provision,
the jurisdiction should be given to the authorized court of first instance in which
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circuit the residence of the prosecuted exists or the court in which circuit the
provision is required to take place.
2. In the summary litigations related to the execution of decisions and legal instruments
the jurisdiction should be given to the court in which circuit the execution will take
place.
Article (39)
The court which examines the principal action has jurisdiction to decide in the
interlocutory requests, provided that the prosecuted, in the guarantee request, may adhere
to the court’s lack of jurisdiction if the principal action proved to be prosecuted merely
for the purpose of bringing him before a court other than his authorized court.
Article (40)
If the prosecuted had no residence or address in the state and it was not feasible to
determine the authorized court in accordance with the previously mentioned decisions the
jurisdiction should belong to the court in which circuit the prosecutor’s residence exists,
and if the prosecutor had no residence or address in the state the jurisdiction should
belong to the capital court.
Article (41)
In the commitments in which there has been an agreement on a chosen residence for its
execution, the jurisdiction should be to the court in which circuit the residence of the
prosecuted exists or the chosen residence for the execution.

Title Two. Action Prosecution, Registry and Valuation
Chapter I. Action Prosecution and Registry
Article (42)
* As amended by Federal Law No. (10) of 2014 dated 20/11/2014:
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1. Lawsuits shall be filed to the court according to the plaintiffs’ request by submitting
the statements of claims to the case management office or by creating electronic
records for such lawsuits.
2. The statement of claim shall include the following details:
a) The plaintiff’s name, title, ID number (if any), profession or job, domicile,
workplace, phone number, as well as his representative’s name, title, profession
or job, domicile, residence, postal address, fax number or email address. If the
plaintiff has no domicile in the State he shall elect one.
b) The defendant’s name, title, ID number (if any), profession or job, domicile or
elected domicile, residence, workplace, phone number, as well as his
representative’s name, title, profession or job, domicile and workplace if he
works for others. However, in case neither the defendant nor his representative
have a known domicile or workplace, the last domicile, residence or workplace
and postal address, fax number or email thereof shall be mentioned.
c) The subject-matter of the lawsuit, requests and grounds thereof.
d) The date of submission of the lawsuit to the case management office.
e) The court before which the lawsuit is filed.
f) Signature of the plaintiff or his representative.
Article (42-bis)
* Added by Federal Law No. (10) of 2014 dated 20/11/2014:
1. By virtue of a decision issued by the Minister of Justice or the chairman of the local
judicial authority, each within the competence thereof, an office called “Case
Management Office” shall be established at the headquarters of the competent court.
The decision shall specify the working system of the Office.
2. The case management office shall be formed of a chairman and a sufficient number
of the court’s employees including those working in the legal field or others, under
the supervision of the chairman of the competent court.
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3. The case management office shall be in charge of preparing and managing cases,
including registering the cases, serving notices, and exchanging memorandums,
documents and expertise reports among the disputing parties.
4. The competent judge may impose a fine upon the defaulting party as specified in
Article (71) of the present Law.
5. Should the lawsuit involve a preliminary motion filed by any of the disputing parties,
an urgent request or a request of joinder of a party against whom the lawsuit was not
filed, or should the defendant fail to appear after being summoned in person or the
litigation proceedings be interrupted ipso jure by the death of one of the disputing
parties or by their loss of capacity to sue or be sued or by the loss of capacity of the
attorney who was undertaking the proceedings before the referral of the case, the case
management office shall refer the case to the competent judge after setting a date for
a session to settle all the aforementioned matters. The judge may return the case to
the case management office to complete the case preparation procedures according to
the circumstances.
Article (43)
1. The date of appearance before the court shall be ten days and it shall be possible, in
case of necessity, to reduce this date to three days.
2. The date fixed for the presence in the summary actions shall be twenty four hours,
and it shall be possible, in case of necessity, to reduce this date setting it from an hour
to an hour on the condition that the notification is to be made to the litigant party
himself, unless the action were of the nautical actions.
3. Reducing the dates in the mentioned circumstances should be done with the
permission of the court’s president or the judge of the summary cases, according to
the circumstances, and the party shall be notified with its copy and with the action’s
initiatory pleading.
4. The nullity shall not be based on the negligence of the attendance dates, and that
without prejudice to the notified person’s right to the postponement in order to
complete the date.
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Article (44)
* As amended by Federal Law No. (10) of 2014 dated 20/11/2014:
1. After collecting the fees, the case management office shall register the case in the
relevant register, provided that the registration date is written down in said register,
and in the presence of the plaintiff or his representative the date of the session set for
hearing the case shall be written down on the original and copies of the statement of
claim. The plaintiff, or his representative, shall sign to indicate that he was notified of
the session.
2. The action shall be deemed filed and effective from the date of its registration.
Article (45)
* As amended by Federal Law No. (10) of 2014 dated 20/11/2014:
1. The plaintiff shall, upon the submission of the statement of claim, submit a number
of copies thereof that shall be equal to the number of defendants. A copy to the case
management office shall be kept in a special file. Moreover, the plaintiff shall submit,
with the statement of claim, copies of all the documents that support his lawsuit, in
addition to any expertise reports, if any, prepared by registered experts.
2. The defendant shall submit a defense memorandum and copies of the relevant
documents that shall be signed by said defendant, according to the dates set in the
present Law.
3. Upon disagreement on the validity of the documents’ copies, the court shall set the
closest session possible for the submission of their originals.
4. The translated documents shall be legally certified if written in a foreign language.
Article (46)
* As amended by Federal Law No. (10) of 2014 dated 20/11/2014:
1. The case management office shall, at most on the day following the date of
registration of the statement of claim, deliver a copy thereof, with the copies, papers
and documents attached, to the authority in charge of serving notice of said
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statement, in order for the notice serving procedure to be carried out in accordance
with the form prepared for that purpose. The original notice document shall be
returned to the Case Management Office.
2. The notice of the statement of claim shall be served within ten days at most from the
date of its delivery to the process server. If a session, falling within such date, is set
for heating the case, the notice shall be served before the session.
3. The failure to comply with the time-limit set in the preceding paragraphs shall not
result in nullity.
Article (47)
* Abrogated by Federal Law No. (10) of 2014 dated 20/11/2014. The previous text
reads as follows:
“If the prosecutor and the prosecuted had voluntarily appeared before the court and
brought thereto a litigation, the court may hear the action at once and decide, if possible,
therein, otherwise it shall appoint another session there for, and the court’s notary should
accomplish the procedures of its registry in the schedule and the juridical procedures
shall be directly concluded in the session’s minutes.”

Chapter II. Assessment of the Case Value
Article (48)
* As amended by Federal Law No. (30) dated 30/11/2005:
The action’s fee shall be valued on the day of its prosecution, and in all cases, the
valuation should be on the basis of the opposing parties’ last requests, and the action’s
valuation should include what is due, on the day of its prosecution, of indemnities,
revenue, expenditures and other valued attachments. However, in all cases, the building
and plant’s value should be considered, in case its removal is required.
Article (49)
* As amended by Federal Law No. (30) dated 30/11/2005:
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1. If the value has not been mentioned in cash, and it was possible to value it in cash,
the valuation shall be undertaken by the court.
2. If the prosecuted matter were an amount of money in a currency other than the
United Arabic Emirates’, the action’s value shall be estimated with what is equivalent
to such amount in the state’s currency.
3. The actions concerning the ownership of real estates shall be evaluated with the real
estate’s value and the action related to the movable shall be evaluated with its value.
4. If the action is related to a request for a contract’s validity, nullification, or breach,
the action shall be evaluated with the value of what’s contracted thereon. As for the
contracts of exchange, the action is to be evaluated with the value of the higher of
both exchanged parts.
5. If the action were prosecuted for a request for a permanent contact’s validity,
nullification or termination — the valuation shall be considering the total of the
monetary equivalent of the entire contract’s duration, so if the mentioned contract has
been executed in a part thereof, the action of its termination should be evaluated by
the consideration of the remaining period.
6. The action of evacuating the premises shall be evaluated with the annual rental.
7. If the action is between a creditor and debtor concerning the seizure – or an auxiliary
real right, the value thereof shall be evaluated with the debt’s value or with the value
of the property confiscated or the real right, whichever shall be less. As for the action
prosecuted by the other for the payability of such property, it shall be evaluated by
the consideration to its value.
8. If the actions included requests which have resulted from one legal reason, the
valuation shall be by the consideration of its value in bulk, and if the requests have
been issued from different legal reasons, the valuation shall be by the consideration
the value of each reason separately.
9. If the action is related to a request that is not estimable with the mentioned terms,
their value shall be considered exceeding a Hundred Thousand Dirham.

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Title Three. The Litigants Appearance and Absence and Litigation Proxy
Chapter I. The Litigants Appearance and Absence
Article (50)
On the day fixed for examining the action, the opposing parties shall appear (attend) by
themselves or whoever they brief (authorize / appoint / delegate).
Article (51)
* As amended by Federal Law No. (30) dated 30/11/2005:
If neither the plaintiff nor the defendant has attended, the court shall decide in the action,
if it is valid to decide therein, or otherwise it would decide its cancellation, and if sixty
days have passed and none of the parties requested the action’s progression or none of the
parties has attended after progressing therein, it shall be considered as null.
And the court shall decide in the action if the plaintiff, the plaintiffs, or some of them
were absent at the first session and the defendant appeared (attended) thereat (therein).
Article (52)
* As amended by Federal Law No. (30) dated 30/11/2005:
1. If the defendant, failed to appear at the first session and he has been personally
notified with the action declaration, the court shall decide in the action, and if he
were not notified in person, the court should, in other cases than the summary
actions, postpone the examination of the case to a following session of which the
plaintiff will notify the absent party, and the decision in the action, in both cases,
shall be considered a decision in the presence of the parties.
2. In case the defendants were many and some of them have been declared in person
and others have not, and they all have failed to attend at the first session or to submit
a brief with the defense, or those who have not been notified in person failed to
appear, the court, in other cases than the summary actions, should postpone the
examination of the action to a following session which the plaintiff shall notify the
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absentees who have not been notified in person, and the decision in the action shall
be considered in the presence of the parties to the advantage of all defendants.
3. In case of applying the rules of this clause, notifying the legal person, public or
private, at his location or his administration center shall be considered a personal
notification.
Article (53)
* As amended by Federal Law No. (30) dated 30/11/2005:
1. Should the defendant alone fail to appear at the first session while he has been
notified in person of the initiatory pleading, the court shall decide the case If he has
not been notified in person, the court, in other than summary cases, may adjourn the
examination of the case to a following session of which the defendant shall notify his
absent opponent and the judgment, in both cases, shall be considered as if rendered in
the presence of the parties.
2. In case there are more than one defendant and some of them have been notified in
person while the others have not been so notified, and all of them failed to appear at
the first session, or did not submit a brief of their defense, or only those who have not
been notified in person have absented themselves, the court has, in other than the
summary cases, to adjourn the examination of the case to a following session of
which the plaintiff shall notify the absentees defendants who have not been notified
in person and the judgment shall be considered as if rendered in the presence of all
defendants.
3. In the implementation of the provisions of this Article, the notification of the juristic
person, public or private, at its seat or administration center, shall be deemed to be
served in person.
Article (54)
* As amended by Federal Law No. (10) of 2014 dated 20/11/2014:
1. If the court finds, upon the absence of the defendant, that he was invalidly served
notice of the statement of claim, it shall postpone the hearing of the case to a
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following session and the defendant shall be properly served notice of the statement
of claim.
2. If the court finds, upon the absence of the plaintiff, that the latter was not duly
notified of the session, it shall postpone the hearing of the case to a following session
on which a notice shall be properly served to said plaintiff.
Article (54-bis)
* Added by Federal Law No. (10) of 2014 dated 20/11/2014:
A party who is served a notice of the claim, shall follow up the postponements, session
dates and procedures related to the case, and the court decisions issued after the
commencement of the litigation procedures shall be deemed effective without the need
for serving any notice.

Chapter II. The Litigation Proxy
Article (55)
1. The court shall accept from the parties whoever they shall appoint as proxy according
to the law.
2. The proxy must establish his appointment as proxy for his client by an official
document.
3. The proxy may be done through a declaration recorded in the session’s minutes.
Article (56)
1. Where a proxy is issued by one of the parties to the litigation, the domicile of the
proxy shall be considered for notification purposes of all papers required for
proceeding with the case at the degree of litigation to which he is appointed as proxy.
The party who has no proxy in the country where the tribunal’s venue is located, has
to elect a domicile therein.
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2. The attorney’s resignation or dismissal shall not prevent the progress of the
procedures in his presence unless the other party is notified of the replacement or of
the decision of the principal to proceed with the case by himself.
3. The attorney may not resign his mandate at an inconvenient time and without
permission from the court.
Article (57)
The litigation proxy empowers the attorney with the authority to perform the necessary
acts and procedures in order to file the legal action, follow it up, defend and to take
precautionary measures until the decision on its merits is rendered, in the degree of
prosecution to which he was entrusted, and to notify such decision, without prejudice to
the matters to which the law requires a special authorization.
Article (58)
1. All that the attorney decides at the session in the presence of his principal shall be
equivalent to what the principal himself would decide unless he has disclaimed it
during the examination of the case at the same session.
2. It is not valid, without a special authorization, the declaration of the right prosecuted,
disclaiming it, reconciliation or arbitration therein, approving the oath, or directing or
repulsing it, releasing the litigation, giving up the judgment entirely or partially,
relinquishing one of the channels of appeal therein, releasing the attachment
(seizure), relinquishing the insurances with the continuation of the debt, claiming the
falsification, recusing the judge or the expert or the real petition, or accepting it, or
any other disposition that the law requires therein a special authorization.
Article (59)
It shall not be possible neither to one of the judges nor to the attorney general nor to any
member of the prosecution nor to any of the courts’ employees to be an attorney for the
litigant parties, in the attendance or in the prosecution, whether verbally or in writing,
even if the action were submitted before a court other than the one he belongs to,
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otherwise the work shall be null. However, that shall be possible to them with the persons
whom they legally represent, their spouses, their ancestors and their descendants up to the
second degree.

Title Four. The Intervention of the Public Prosecution
Article (60)
The public prosecution may prosecute the action in the circumstances which the law
stipulates, and it shall have in such circumstances the same rights which the litigant
parties have.
Article (61)
With the exception of the summary actions, the public prosecution should intervene in the
following circumstances, otherwise the decision shall be null:
1) The actions which it has been allowed to prosecute by itself.
2) The appeals and the requests submitted before the supreme federal court, with the
exception of the appeals of cassation in the civil matters.
3) The actions related to the incapacitated, those whose capacity is defective, the
absentees and the missing persons.
4) The actions related to the charitable endowments, donations, wills devoted to
benefaction.
5) The actions for the recusals of judges and the prosecution members and for litigating
them.
6) Any other circumstance in which the law stipulates the necessity of the public
prosecution intervention.
Article (62)
Except the summary actions, the public prosecution may intervene in the following
circumstances:
1) Absence of jurisdiction for lack of the judicial body’s rule.
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2) The reconciliation which is preventive from the commercial bankruptcy.
3) The actions which it shall consider intervening therein because they are related to the
public order and morals.
4) Any other case which the law stipulates that it may intervene therein.
Article (63)
The court, in any of the action’s circumstances, may order to forward the case’s file to the
public prosecution if a matter related to the public order or morals has been exposed
therein, and the intervention of the public prosecution in such case shall be obligatory.
Article (64)
1. The public prosecution shall be considered representative in the action when it
submits a pleading with its opinion therein and it shall not be bound to attend unless
the law stipulates that.
2. And in all circumstances, the public prosecution shall not be bound to attend the
judgment’s delivery.
Article (65)
In all the cases in which the law stipulates the intervention of the public prosecution, the
case management office* of the court should inform the prosecution in writing as soon as
the action has been recorded, and if a matter, in which the prosecution intervenes, has
been submitted during the examination of the action, the notification thereof should be on
the basis of the court’s order.
* The expression “case management office” has replaced the expression “clerk’s
office”, wherever mentioned, by virtue of Article (1) of the Federal Law No. (10) of
2014 dated 20/11/2014.
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Article (66)
The public prosecution shall accord, on the basis of a request submitted thereto, a period
of seven days, at least, for submitting a brief with its opinion, and such period shall
commence from the day on which the case’s file has been sent thereto.
Article (67)
The intervention of the public prosecution shall be in any circumstance which the action
has been in before closing the pleading therein.
Article (68)
In all the actions in which the public prosecution is a joined party, the litigant parties,
after the prosecution has given its opinion, may not request the speech nor submit new
pleadings, however, they shall be allowed to submit to the court a written statement in
order to amend the facts which the prosecution has mentioned, nevertheless, the court, in
the exceptional circumstances in which it shall decide to accept new documents and
complimentary briefs, may permit their submission and rehearing the pleading, and the
prosecution shall be the last to speak.
Article (69)
The public prosecution may appeal the decision in the circumstances in which the law
binds or allows it to intervene if the decision has contradicted one of the rules of the
public order or if the law stipulated that.
Title Five. The Session Procedures and Its Regularity
Chapter I. Procedures
Article (70)
* As amended by Federal Law No. (30) dated 30/11/2005:
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The pleading shall be proceeded at the first session, and if the prosecutor or the
prosecuted has submitted at such session a document which he could have submitted in
the date determined in Article (45), the court shall accept it if the examination of the
action would not be postponed as a result thereof, but if accepting the documents has
resulted in the postponement of the action, the court shall have, automatically or
according to the litigant parties’ request, to inflict on him a penalty of not less than Two
Thousand Dirham and not more than Five Thousand Dirham.
However, each of the prosecutor and the prosecuted shall be allowed to submit
documents responding to his party’s defense or interlocutory requests.
Article (71)
* As amended by Federal Law No. (10) of 2014 dated 20/11/2014:
1. The court shall impose upon every employee thereof or disputing party who fails to
submit the relevant documents or to perform any of the lawsuit’s procedures on the
date set by said court or by the case management office, a fine of no less than AED
1,000 and no more than AED 10,000, by virtue of a decision that shall be registered
in the session’s minutes. Said decision shall have the same binding force as the
judgments, and may not be contested by any method whatsoever.
2. The court may exempt the convict from all or part of the fine should the latter
provide an acceptable excuse, and the court may, unless the defendant objects, decide
the interruption of the case proceedings for a period not exceeding three months
instead of imposing the fine on the plaintiff.
3. If the interruption period lapses without that the prosecutor requests the continuation
of proceedings within the thirty days following the end of said period or should the
court’s decisions not be executed, the court shall rule that the case shall be considered
as void ab initio.
Article (72)
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It shall be possible to execute the penalty’s decision issued according to the rules of
Articles (70), (71) by the court which has issued it after notifying the convicted if he
hasn’t been present at the session.
Article (73)
* As amended by Federal Law No. (10) of 2014 dated 20/11/2014:
1. The court may allow the disputing parties, during the course of the case proceedings,
to submit documents, pleas or new evidence, or to amend their requests, or submit
counter-claims that they were unable to submit to the case management office. The
court may decide not to allow such submission should it realize that such documents
could have been submitted to the case management office, and the memorandums of
the disputing parties shall be served by submission to the case management office or
by exchange provided that the concerned disputing party indicates same on the
original copy of the relevant memorandum.
2. The court may sua sponte ask the disputing parties to provide explanations for any
deficiency found in the lawsuit or its documents.
3. The court may, upon setting a date for adjudication, allow the exchange of closing
arguments on the dates set thereby.
Article (74)
The court may propose the reconciliation and may order, for that reason, the presence of
the litigant parties in person, so if the reconciliation has been accomplished it shall be
recorded in the sessions’ minutes or their agreement shall be attached to the minutes and,
in all circumstances, it shall be signed, by both parties, the judge and the secretary, and
the minutes shall be considered in the power of a document which is due of execution.
Article (75)
The court may not postpone the action more than once for one reason referring to one of
the litigant parties unless for an approved excuse, on the condition that the postponement
period shall not exceed two weeks.
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Chapter II. The Session Regularity
Article (76)
The pleading shall be public unless the court would, automatically or according to the
request of one of the litigant parties, prefer to proceed in it secretly observing the public
order or with consideration to the morals or the respect of the family.
Article (77)
The court may get help from an interpreter appointed or licensed by the Ministry of
Justice or the competent authority and it may also get help from an interpreter from
another source if it finds it necessary.
Article (78)
1. The litigant parties shall be called at the appointed time of the trial.
2. The prosecutor has the right to start the action unless the prosecuted has admitted the
matter exposed in the initiatory pleading and claimed that there have been legal
reasons or auxiliary facts inciting the prosecutor’s action, and in that case, the
prosecuted shall have the right to start the action.
3. a) The litigant party who has the right to start the action may display his claim and
present his evidence to prove it and the other litigant party may, after that, display his
defense and present his evidence to prove it.
b) The litigant party who has started the action may bring forward his evidence to
refute the other party’s evidence.
d) The court shall hear the litigant parties’ pleading and the prosecuted shall be the
last to speak.
4. The court may question the litigant parties and hear the testimony of those it would
consider necessary to hear their testimony.
Article (79)
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The litigant parties may ask the court, in any of the action’s circumstances, to register
what they have agreed on in the session minutes on which they or their authorized
attorneys should sign, and if they have written what they agreed on, the written
agreement shall be attached to the session minutes and its content shall be recorded
therein. The session minutes shall have, in both cases, the power of the executive
document and its copy shall be given in accordance with the established regulations of
delivering the decisions copies.
Article (80)
* As amended by Federal Law No. (30) dated 30/11/2005:
Controlling and administrating the session shall be entrusted to its president, and with
regard to the rules of the legal profession. The president, in order to fulfill that, should
expel from the session hall whoever breaches its order, and if he hasn’t obeyed the court
may immediately decide to detent him twenty four hours or inflict on him a fine of not
less than One Thousand Dirham and not more than Three Thousand, and its decision
therein shall be final.
The court may, before the conclusion of the session, retract from the decision which it
has issued on the basis of the preceding clause.
Article (81)
The court may automatically order the erasure of the offensive expressions or those
which breach the public order or the morals from any of the pleading or procedure’s
papers.
Article (82)
With the observance of the rules of the legal profession, the session president shall order
the writing of a report on each crime occurring during its meeting and what measures he
would consider to take for the investigation procedures, and he shall give orders to
forward the papers to the public prosecution in order to proceed in what should be done
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about them, and he may, if necessary, give orders to arrest the person by whom the crime
has been committed.
Article (83)
Observing the rules of legal profession, the court may take legal actions against whoever
would commit during the session any offense against its stature, against anyone of its
members or anyone of those who work therein and shall immediately inflict on him the
punishment.
The court may also give order to arrest whoever bears a false witness and relegate him to
the public prosecution.
The court’s decision, in such circumstances, shall become effective even if an appeal
against it has occurred.

Title Six. The Pleas, Insertion, Intervention, and Interlocutory Requests
Chapter I. The Pleas
Article (84)
1. The plea to local jurisdiction and the plea to forward the action to another court for
setting the same litigation there before, or for engagement, and the refutation of
nullity which is not related to the public order, and all of the pleas related to the
discontinuing procedures, should be revealed together before presenting any other
procedural plea, request, defense in the action, or disapproval, otherwise the right of
what hasn’t been revealed thereof shall be extinguished, and also the right of the
appellant shall be extinguished in such pleas if he hasn’t revealed them in the appeal
initiatory pleading.
2. It shall be imperative to exhibit together all the aspects on which the plea, related to
the procedures which are not connected to the public order, shall be based, otherwise
the right to what hasn’t been revealed thereof shall be extinguished.
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Article (84-bis)
* Added by Federal Law No. (10) of 2014 dated 20/11/2014:
1. Lawsuits for annulment of administrative decisions shall not be accepted after the
lapse of 60 days from the date of publication of the contested administrative decision
or the date on which the concerned party is notified of said decision or the date on
which said party is proved to have admittedly been informed thereof.
2. The above-mentioned time-limit shall be interrupted when a grievance is submitted to
the administrative entity that issued the decision or a superior entity, and such
grievance shall be decided upon within 60 days from the dated of submission thereof.
If the administrative entity decides to reject the grievance, it decision shall be
justified, and if 60 days lapse from the date of submission of the grievance without a
reply from the competent authorities, the grievance shall be deemed rejected. The
time-limit for filing the lawsuit shall be counted starting from the date of explicit or
implicit rejection as the case may be.
Article (85)
* As amended by Federal Law No. (30) dated 30/11/2005:
1. The plea against the court’s jurisdiction for lack of its authority or because of the
action’s type, or its value may be exhibited in any of the action’s circumstances, and
the court shall automatically decide it.
2. If the court has judged its lack of jurisdiction it should give orders to forward the
action, as is, to the authorized court, and the court’s case management office should
notify the litigant parties with the decision.
Article (86)
If the litigant parties have agreed on the prosecution before a court other than the court
before which the action has been brought, the court may decide to forward the action to
the court which they have agreed on.
Article (87)
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If the litigation have been brought before two courts the plea should be exhibited by
forwarding it to the court before which the last litigation has been brought for deciding
thereon.
Article (88)
It shall be possible to exhibit the plea by forwarding for the engagement before one of the
two courts, and the court to which the action has been forwarded shall be committed to
examine it.
Article (89)
1. As long as the court has decided in the cases presented there before by forwarding, it
may appoint for the litigant parties the session at which they should appear before the
court to which the action has been forwarded, and the clerks’ office should notify the
absentees from the parties thereof.
2. If the court hasn’t appointed a session for the litigant parties, the court to which the
action has been forwarded should appoint it and notify the parties thereof.
3. The court to which the action has been forwarded shall be committed to examine it
unless it was not adherently or qualitatively authorized to examine it.
Article (90)
The nullity of the notification of the actions’ declaration and the summoning papers as a
result of a defect in such notification in the court’s statement, or in the date of the session,
shall be extinguished by the appearance of the notified persons at the session appointed in
such notification or by depositing a brief with his defense, and that without prejudice to
his right to the postponement for the completion of the time-limit of attendance.
Article (91)
1. The plea for the rejection of the action may be presented in any of the action’s
circumstances.
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2. If the court has found that the plea to reject the action for lack of the prosecuted
capacity was based on valid grounds, it shall postpone the action in order to notify
the one who has the capacity according to the prosecutor’s request.
3. If the action has been prosecuted against a governmental authority or a public legal
person, the amendment effect shall extend to the day of prosecuting the action even if
the amendment has taken place after the date decided for its prosecution.
Article (92)
The plea against the illegality of examining the action because of a prior decision therein
may be manifested in any of the action’s circumstances, and the court shall automatically
decide therein.
Article (93)
The court shall decide in the pleas independently unless it has ordered to merge them into
the matter, by then, the court shall expose what it has decided in both the plea and the
matter.

Chapter II. The Insertion and the Intervention
Article (94)
* As amended by Federal Law No. (10) of 2014 dated 20/11/2014:
A disputing party may join in the lawsuit any party against whom claims could validly be
brought upon the filing of said lawsuit. The defendant may, should he/she claim having
the right to recourse, as to the claimed right, against a person who is not a party to the
lawsuit, submit a written request to the case management office or to the court, to explain
the substance and grounds of the claim and request the joinder of such person as a party
to the lawsuit, according to the usual lawsuit filing procedures. Moreover, the defendant
may attend the session if the person required to be joined attends and agrees on such
procedure before the court.
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Article (95)
Everyone who has interest may intervene in the action joining one of the opposing parties
or asking the judgment for himself with a request related to the action, and that shall be
through the usual procedures of the action’s prosecution, or with a request presented
verbally at the session in the presence of the litigant parties and shall be recorded in its
minutes, and the intervention shall not be accepted after closing the pleading.
Article (96)
1. The court may automatically decide the inclusion of anyone whose inclusion it would
consider to be beneficiary to the justice or bring to light the truth, and the court shall
appoint the session of which he shall be notified, and it shall also determine his
position in the litigation giving orders to notify him for such a session, and that shall
be through the usual procedures of the action’s prosecution.
2. The court may charge the case management office to notify, with a sufficient
synopsis of the litigant parties’ requests in the action, anyone whose notification it
considers to be beneficiary to the justice or shall bring to light the truth.
Chapter III. The Interlocutory Requests
Article (97)
1. The prosecutor and the prosecuted may submit any of the interlocutory requests
which are relevant to the original request in a way that shall help the progression of
justice if both shall be examined together.
2. Such requests shall be submitted to the court through the usual procedures of the
action’s prosecution, or with a request presented verbally at the session, in the
presence of the litigant party, and shall be recorded in its minutes.
Article (98)
The prosecutor may submit any of the interlocutory requests:
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1) Which include the amendment of the original request or the amendment of its facts in
order to cope with the circumstances which have emerged or have been observed
after the action’s prosecution.
2) Which are complementary to the original request, consequent, or indivisibly
connected thereto.
3) Which include addition or change to the reason of the action provided that the
request’s facts shall remain as they are.
4) Requesting an order with a precautionary procedure.
5) Which the court shall allow to be submitted and connected to the original request.
Article (99)
The prosecuted may submit any of the interlocutory requests:
1) Which ask for the judicial compensation and the decision in his behalf for the amends
of damage occurred to him from the principal action or from a procedure therein.
2) Any request to which response all or some of the prosecutor’s requests shall not be
fulfilled, or shall be decided for him but bound with a restriction which shall be
beneficiary to the prosecuted.
3) Any request which is indivisibly connected to the original request.
4) Whatever the court shall allow to be submitted and is connected to the principal
action.
Article (100)
1. The Interlocutory requests shall not be accepted after closing the defense.
2. The court shall decide on the requests mentioned with the principal request as long as
it is possible or, otherwise, it shall retain the interlocutory request to decide thereon
after verifying it.

Title Seven. Cessation of the Litigation, the Severance of Its Progress, Its
Extinguishment, Its Prescription and Its Relinquishment
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Chapter I. Cessation of the Litigation
Article (101)
1. The action may be ceased if the litigant parties has agreed on the discontinuation of
the progression therein for a period of six months, maximum, from the date of the
court’s statement of their agreement, and such cessation shall not have influence on
any determined time-limit which the law had appointed for some procedure.
It shall not be legal to any of the two litigant parties to urge the action during such
time-limit except with the consent of his litigant party.
2. If no one of the litigant parties has urged the action during the eight days following
the termination of the period, the prosecutor shall be considered relinquishing his
action and the appellant relinquishing his appeal.
Article (102)
The court shall give order to cease the action if it sees better to suspend the decision in its
merits than to arbitrate in another matter on which the decision would depend, and as
soon as the reason for the cessation has extinguished, any of the litigant parties may urge
the action.
Chapter II. The Severance of the Litigation’s Progress
Article (103)
1. The litigation’s progress shall be severed by the law’s decision by the death of one of
the litigant parties or because of his legal incapacity of the litigation or the incapacity
of any of the attorneys proceeding the litigation for him, unless any of such things
have occurred after closing the pleading in the action, and if there were many litigant
parties the court shall decide considering the litigation severed with regard to the one
by whom the severance reason has occurred and it shall postpone its examination
with regard to the others.
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2. The litigation shall not be severed by the decease of the action’s attorney nor by the
expiry of his proxy through retirement or dismissal, and the court may allow a
convenient time-limit to the litigant, whose attorney has deceased or terminated his
proxy, in order that he would appoint another attorney if he wants.
3. The severance of the litigation shall have as a consequent the cessation of all the
dates of the procedures which have been running to the advantage of the litigant by
whom the reason of the severance has taken place, and the nullity of all the
procedures which occur during the severance.
Article (104)
The action shall continue its progress in regard to the litigant party by whom the reason
of the severance has occurred, and that by charging for attendance the person who takes
the place of the deceased, or the place of the one whose capacity for the litigation has
been lost or the place of that whose capacity has extinguished, on the grounds of the other
opposing party’s request, or with an assignment declared to such party on the grounds of
the request of those. Likewise, the action shall appeal its progress if the heirs of the
deceased or those who have taken the place of the one who lost the litigation capacity or
the place of the one whose capacity has extinguished and undertook its progress.
Article (105)
If one of the severance reasons has occurred after closing the defense in the action the
court may decide therein according to the final statements and requests or may open the
pleading on the grounds of the request of that who took the place of the deceased, the
place of the one who lost the litigation capacity or the place of the one whose capacity
has extinguished or on the basis of the other opposing party’s request.

Chapter III. The Litigation Extinguishment by Prescription and Its Relinquishment
Article (106)
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1. Each one of the litigant parties who have interest, in case of the failure to progress in
the action because of the prosecutor’s action or because of his abstention, may request
the decision for the litigation extinguishment when six months have passed since the
last valid procedure of the judiciary procedures.
2. The period of the litigation extinguishment shall not start in the cases of severance
except from the day in which the person, who requested the decision for the litigation
extinguishment, has notified the heirs of his deceased party or the one who
substituted that who had lost his capacity for the litigation, or substituted that whose
capacity has extinguished, with the existence of the action between him and his
principal litigant party.
3. The decided period for the litigation extinguishment shall be applied in favor of
everybody, even if they were lacking the capacity or deficient thereof, and that shall
not breach their right to claim indemnity from their agents for their negligence in
following up the action, the thing that has resulted in its extinguishment.
Article (107)
1. The request for the decision of the litigation extinguishment shall be submitted to the
court before which the action for the litigation extinguishment has been prosecuted.
2. It shall be possible to insist on the litigation extinguishment in the form of a plea if
the plaintiff has urged his action after the termination of six months.
3. Submitting the request or the plea shall be against all the plaintiffs or the appellants
otherwise it shall be unaccepted.
Article (108)
As a consequent to the decision of the litigation extinguishment, the extinguishment of
the decisions issued therein with the probative procedure and the invalidation of all the
litigation procedures, including the initiatory pleading, shall take place. But neither the
right to prosecute it, nor the right in the final decisions issued therein, nor the right in the
precedent procedures of such decisions, nor the right in the statements issued from the
litigants nor the oaths they took shall be extinguished. However, that shall not prevent the
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litigants from adhering to the interrogation procedures and the works of expertise which
have been accomplished unless they were void in themselves.
Article (109)
Once the litigation extinguishment has been decided in the appeal, the appealed decision
shall be considered final in all circumstances, and once the litigation extinguishment has
been decided in a petition for retrial before the decision with the acceptance of the
petition, the petition request shall be extinguished. However, after the decision with the
acceptance of petition, the precedent rules concerning the appeal or the first degree, shall
be in operation, depending on the circumstances.
Article (110)
1. In all circumstances, the litigation shall be expired when two years shall have passed
from the last valid procedure there within, and the effects consequent to its expiry
shall be the same as the effects consequent to its extinguishment.
2. The content of the precedent clause shall not be applied on the appeal by means of
cassation.
Article (111)
1. The prosecutor may relinquish the litigation with a notification to his litigant party or
with an explicit statement in a brief, signed by him or by whoever represents him
legally, informing his party there about or stating it verbally at the session and he
shall record it in the minutes.
2. The relinquishment shall not be fulfilled after statement of the prosecuted with his
requests unless with his acceptance. However, his objection against the
relinquishment shall not be considered if he has taken a plea against the court’s
jurisdiction, forwarding the case to another court, the nullity of the initiatory
pleading, its illegality for a prior decision therein or because of other matters by
which there has been intention to prevent the court from its continuation to examine
the action.
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Article (112)
All the effects consequent to the extinguishment of the litigation shall be consequent to
its relinquishment and the relinquishing party shall be committed to pay the action costs
(fees).
Article (113)
1. If the litigant party, by the occurrence of the litigation, renounced, a procedure or one
of the papers of the procedures expressly or implicitly the procedure or the paper
shall be considered null and void.
2. Relinquishing the judgment shall be followed by the relinquishment of the right
inherent therein.

Title Eight. The Incompetence, Recusal and Dismissal of Judges
Article (114)
1. The judge shall be incompetent to examine the action, and prohibited from hearing it,
even if no one of the litigants has refused him, in the following circumstances:
a) If he were a husband of one of the litigant parties or were a relative or son-of-law
of him till the fourth degree.
b) If he or his wife had an existent litigation with one of the litigant parties or with
his wife.
c) If he were an attorney of one of the litigant parties in his private business, or
were his testamentary guardian, his custodian, or thought to be his heir, or a
husband of one of the litigant parties’ guardian, or of his custodian, or he had a
relationship or alliance till the fourth degree with that guardian, or custodian, or
with one of the board members of the litigant’s company or with one of its
managers and that member or manager had a personal interest in the action.
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d) If he, his wife, one of his relatives or his sons-in-law on the genealogy, or those
to whom he was attorney, testamentary guardian, or custodian, had an interest in
the existent action.
e) If there were between him and one of the circuit judges a relationship or a
relation by marriage till the fourth degree, and in such case the younger judge
shall be retreated.
f) If he had between him and the public prosecution’s representative or the defender
of one of the litigants a relationship or a relation by marriage till the second
degree.
g) If he had given a legal opinion, pleaded for one of the litigants in the action or
had written therein, even if that were before his engagement in the judiciary, or if
he had examined the action as a judge, expert or arbitrator or had born a witness
therein.
h) If he had prosecuted an action for indemnity against the recusal requester or
submitted an edict against him to the area of jurisdiction.
2. It shall be considered null the judge’s work or his judgment in the preceding cases,
even if it has been accomplished with the agreement of the litigant parties.
3. If such nullity has taken place in a decision issued in an appeal through cassation it
shall be possible to the litigant to ask the court for the cancellation of such decision
and for rehearing the appeal before a circuit at which the judge, for whom the nullity
reason has taken place, doesn’t work.
Article (115)
It is possible to recuse the judge for the following reasons:
1) If he or his wife had an action similar to the action he examines, or if a litigation had
emerged, for one of them, with one of the litigants or his spouse after prosecuting the
action which was submitted before the judge, unless such action has been prosecuted
with the intention of refusing him from examining the action submitted before him.
2) If his divorcee, from whom he had a son, or one of his relatives or of his sons-in-law
on the ancestral line had an existent litigation before the judiciary against one of the
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litigants in the action or against his spouse, unless such litigation has been prosecuted
after prosecuting the action which was submitted before the judge with the intention
of refusing him.
3) If one of the litigants used to work for him or he used to entrust one of the litigants or
used to live with him or had received a gift from him before or after prosecuting the
action.
4) If there had been between him and one of the litigants an enmity or a friendly relation
with which he would likely be considered unable to judge without inclination.
5) If one of the litigants had chosen him as arbitrator in a previous case.
Article (116)
1. If the judge was incompetent to examine the action or some reason has emerged to
recuse him, he shall have to tell the court president there about, and in case of the
emergence a recusal reason, the court president may permit the judge to retreat and
all that shall be recorded in a special report to be kept at the court.
2. Even if the judge has been competent to examine the action and no reason has
emerged to recuse him, and he feels disconcerted to examine the action for any
reason, he may expose his retreat order to the court president to examine his
declaration of retreat.
3. If one of the precedent cases has been actualized on the court president, he shall
expose the matter to his substitute.
Article (117)
* As amended by Federal Law No. (30) dated 30/11/2005:
1. If a reason to recuse the judge has emerged and he hasn’t retreated the litigant party
may recuse him and the recusal shall occur through a request submitted to the
president of the court to which the judge belongs and the requester, himself or his
appointed attorney, shall sign it and the proxy shall be attached to the request, and the
request of the recusal should include its reasons and the papers supporting it should
be attached thereto.
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2. The recusal requester should deposit, by the request submission, an amount of Five
Thousand Dirham as an insurance, and the insurance number shall be multiplied
according to the number of judges whom recusal is to be requested, and the court
president shall not accept the recusal request if it has not been attached to what prove
the insurance deposition, and it shall be sufficient to deposit one insurance for each
recusal request in case of the multiplicity of the recusal requesters if they have
submitted their requests in one request even if the recusal reasons have been diverse,
and the court shall inflict on the requester of a penalty with a fine of not less than
Five Thousand Dirham and not more than Ten Thousand Dirham beside confiscating
the insurance if his request has been rejected.
Article (118)
1. The recusal request should be submitted after the submission of any plea or pleading
in the action, otherwise the right thereto shall be extinguished. However, the recusal
request may be submitted if the reasons thereof have taken place after that, or if the
recusal requester has proved that he hasn’t been aware thereof.
2. In all circumstances, the litigant party’s right to request the recusal shall be
extinguished if he hasn’t submitted the request before closing the defense in the first
refusal request submitted in the action, as far as he has been notified with the session
appointed for examining that request and the recusal’s reasons have been existing and
known to him till the closure of the defense.
Article (119)
1. The court president should inform the judge, whose recusal is requested, with the
recusal request and its attachments as soon as possible.
2. The judge should respond, in writing, to the recusal’s facts and its reasons within the
seven days following his notification, and if he hasn’t respond within that time-limit
or has accepted the recusal reasons and such reasons have been legally valid to
respond to, the court president shall issue an order for his removal.
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3. If the judge has responded to the recusal reasons and he hasn’t accepted a reason
which is legally valid for recusing him, the one before whom the request has been
brought shall appoint the circuit which shall assume the examination of the recusal
and he shall appoint the date of its examination there before, and the case
management office should notify the recusal requester and the judge with such date,
and, likewise, notify the rest of the parties in the principal action so that they may
submit the refusal requests they have according to the precedent clause, and the
mentioned circuit should proceed the investigation of the recusal request in the
deliberation chamber then, it shall decide, after hearing the statements of the recusal
requester and the judge’s notes, if necessary, or if he has asked that, and it shall not be
allowed in the investigation of the recusal request to question the judge or to direct
the oath to him.
4. In case of submitting recusal requests before closing the pleading in the first refusal
request, the court president, or whoever in his place according to the circumstances,
should forward such requests to the same circuit before which the request is being
examined so that it shall decide in all of them with one judgment.
5. The proceedings of the recusal request and the arbitration therein should progress
even if its requester has relinquished it.
6. The judgment shall be delivered in the recusal request at a public session and it shall
not be liable to the appeal.
Article (120)
As a consequent of the recusal request’s submission a cessation of the principal action
shall take place until such refusal request shall be finally decided in. However, it
shall be possible, in case of summary — and on the grounds of the other party’s
request — to assign a judge in the place of that whose recusal has been requested.
Article (121)
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The court of appeal shall decide in the recusal request if the person whose recusal has
been requested was a judge thereat or a judge at the court of first instance which belongs
to that court.
Article (122)
1. If there were a request for recusing all the judges of the court of first instance and the
court of appeal decided to accept the recusal request it shall forward the action to
another court of first instance decide in its facts.
2. If the recusal of all, or some, of the judges of the appellate court had been requested
in such a manner that the remaining judges would not be sufficient for the judgment,
the recusal request would be brought to the court of a higher degree there above, and
if it has decided to accept the recusal request it would forward the action to another
appellate court to decide in its facts.
Article (123)
The rules stipulated in the law of the supreme federal courts shall be applied concerning
the recusal of their president or judges.
Article (124)
The rules and procedures submitted in the context of refusing the public prosecution’s
member shall be followed if it were a joined party for one of the reasons stipulated in the
Articles (114) and (115).
Title Nine. Judgments
Chapter I. Pronouncing Judgment
Article (125)
The decisions shall be delivered from the federal courts and shall be executed in the name
of the state president.
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Article (126)
The court may not, after retaining the action or during the deliberation, hear one of the
litigant parties or his attorney unless in the presence of his litigant party, nor may it
accept papers or briefs from one of the parties without informing the other party thereof
otherwise the procedure would be void.
Article (127)
* As amended by Federal Law No. (30) dated 30/11/2005:
1. Once the pleading in the action has been accomplished, the court shall decide in it or
postpone the judgment delivery to another forthcoming session which it shall
appoint, and it may not, after that, postpone, without necessity, the judgment delivery
more than once, and in both cases, the postponement period should not exceed one
month.
2. Each time the court has appoints a session for pronouncing the judgment it may not
postpone the judgment delivery or order the retrial of the action for the pleading
unless with a decision of good reasons and the court shall state it at the session and it
shall be recorded in its minutes, and the pronunciation of such decision shall be
considered a notification to both litigant parties with the new date.
Article (128)
1. The deliberation on the decisions shall be in secret among the judges meeting
together, and no one may take part therein except the judges who have heard the
pleading.
2. The president shall collect all the decisions starting with the most junior to the most
senior judge, then he shall give his opinion, and the decisions shall be delivered with
an unanimous or a majority of opinions recording the dissent in the decision’s draft. If
there were no majority and the opinions have diverged to more than two opinions, the
party which shall be less in number or the party which shall have the most junior
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judges should join one of the two opinions given by the party of greater number, and
that after taking the opinions another time.
3. Then the decision shall be pronounced in public by the judge or the circuit manager,
according to the circumstances.
4. The judges who have participated in the deliberation should be present at the
judgment pronunciation, however, if an impediment has occurred to one of them and
changed his authority, he should have signed the decision draft, provided that that
shall be recorded in the session minutes.
Article (129)
1. In all cases, the decisions should include the reasons on which they were based, and
the decision draft including its reasons should be deposited with the signature of the
president and the judges in the action file, when it shall be pronounced.
2. In the summary matters, it is possible, if the decision has been pronounced at the
pleading session, to deposit the draft including the reasons in the action file within
three days, maximum, from the date of pronouncing it.
3. The draft including the pronounced decision and its reasons shall be kept in the
action file.
4. The nullity of the decision shall be the consequent of the breach of the rules
stipulated in the clauses 1 and 2.
Article (130)
1. It should be shown in the decision the court which has delivered it, the date of its
delivery, its place, the case type, and the name of the judges who heard the pleading,
participated in the decision and attended its pronunciation, and the member of the
public prosecution who expressed his opinion in the case, if there was any, the names
of the litigant parties, their titles, their capacities, the residence of each one of them,
workplace and their attendance or absence.
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2. The decision should include a total presentation of the action facts, then the opposing
parties’ requests, a concise synopsis of their essential defense and the prosecution’s
opinion, after that, the decision reasons and its pronunciation shall be mentioned.
3. The failure in the factual reasons of the decision and the deficiency or flagrant fault
in the parties’ names and capacities, likewise the failure to manifest the names of the
judges who delivered the decision, shall result in the nullity of the decision.
Article (131)
1. The session president and its clerk shall sign on the decision’s original copy which
includes the action’s facts, reasons and pronunciation and that within three days from
depositing the draft for the summary cases and ten days for the other cases, and those
copies shall be kept immediately in the action’s file.
2. If any reason has emerged to hinder the session’s president from signing the
decision’s original copy or to suspend the signature in a manner that shall be
detrimental to justice or to the opposing parties’ interests, it shall be possible that the
court president or whoever represents him signs thereon, and if a reason, of what is
mentioned above, has emerged to the session clerk, the clerk’s chief (head) may sign
instead of him, and all that shall be recorded on the margin of the decision’s original
copy.
Article (132)
* As amended by Federal Law No. (10) of 2014 dated 20/11/2014:
1. The judgment’s copy, by virtue of which the execution shall take place, shall be
stamped with the court’s seal and signed by the clerk, after attaching the executory
formula to it. The aforementioned copy shall only be delivered to the disputing party
who has an interest in the execution of the judgment, provided that the decision is
executable.
2. No other executory copy may be delivered to the same party unless the first copy is
lost or it was impossible to use it, by virtue of an order issued by the judge or the
head of circuit as the case may be.
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3. A certified copy of the judgment’s original copy may be given to any concerned
person who would request it and it shall not be given to other than them unless under
a permission from the judge or the head of circuit according to the circumstances.

Chapter II. Action’s Expenditures
Article (133)
1. The court, when the decision by which the litigation terminates, should automatically
decide in the action’s expenditure.
2. The expenditures of the action should be inflicted on the convicted therein and the
equivalent of the legal profession fees should be counted therein, and if the convicted
are many, it may be decided to divide the expenditures equally, or proportionally to
the interest of each one of them in the action, according to what the court shall
estimate, and they shall not be obliged to join unless they have been joint in their
decided commitment.
3. The intervention expenditures shall be decided on the intervener if he had
independent requests and his intervention has been judged as unacceptable or his
requests as refused.
Article (134)
The court may decide to compel the opposing party, if he has won the action, with all the
expenditures or some of them if the judgment beneficiary had caused to spend futile
expenditures or had left his party unaware of the documents he had and were decisive in
the action, or left him unaware of the contents of such documents.
Article (135)
If both opposing parties have failed in some requests it shall be possible to judge that
each party bears what he has paid of the expenditures or to decide the division of the
expenditures between them according to what the court would decide in its judgment, and
the court may also impose all the expenditures on one of them.
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Article (136)
1. The court may decide the compensation as an equivalent to the expenditures caused
by an action or a defense which was intended to be a conspiracy.
2. Without prejudice to the rule of law of Article (133), the court, by the delivery of the
decisive judgment in the matter, may inflict a fine of not more than a Thousand
Dirham against the opposing party who would undertake a malicious procedure, or
present an offensive request, plea or defense.

Chapter III. Rectification and Interpretation of Judgements
Article (137)
1. The court may, with a decision which it would issue on the grounds of the request of
one of the parties or of its own accord without pleading, amend whichever purely
material errors, literal or computational, which have occurred in its judgment, and the
session clerk shall undertake such correction on the decision’s original copy and he
shall sign it, he himself and the session’s president.
2. If the decision of refusing the correction has been issued, the appeal there against
shall not be allowed unless with the appeal in the judgment itself, as for the decision
which is issued with the correction, the appeal against it shall be possible
independently from the possible ways of appealing against the decision which is to be
corrected.
Article (138)
The litigant parties may request from the court which has delivered the decision, to
interpret any obscurity or vagueness occurring in its wordage, and the request shall be
submitted through the usual procedures for prosecuting the action, and the judgment,
together with the interpretation, shall be considered as fulfilling, from all angles, the
decision which it interprets, and it shall be applied thereon whatever rules that are
specific to the appeal manners.
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Article (139)
If the court has bypassed the decision in some substantive requests, it should, on the
grounds of a request from one of the concerned person, examine the request and the
decision therein after notifying the party therewith, and the decision shall follow the
appeal rules which are applied on the principal decision.

Title Ten. Orders on Petition
Article (140)
1. In the circumstances in which the opposing party wants to issue an order, he should
submit a petition with a request to the authorized judge or the circuit manger which
examines the action, and such petition shall be of two copies including the request’s
facts and its documents, the requester’s residence, his workplace, and determining an
elected domicile for him in the state if he had not a residence or a workplace therein,
and the petition will be attached to its confirming documents.
2. The judge or the division president shall issue, according to the circumstances, his
order in writing, on one of the petition’s two copies, on the following day to its
submission, at most, and it shall not be necessary to mention the reasons on which the
order has based unless it has been contradictory to another order prior to its issue, by
then, the reasons which necessitate the issue of the new order should be mentioned
otherwise it shall be void, and this order shall be recorded in a special report or in the
session’s minutes.
3. The order shall be executed with a letter which the judge or the division president
issues, according to the circumstances, to the concerned authority and the petition
shall be kept in the action’s file.
4. The order issued on a petition shall be extinguished if it hasn’t been submitted for
execution within 30 days from the date of its issue, and such extinguishment shall not
prohibit issuing a new order.
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Article (141)
* As amended by Federal Law No. (30) dated 30/11/2005:
1. The requester, if the order has been issued with the rejection of his request, and the
one against whom the order has been issued, and the concerned persons, all have the
right to complain before the authorized court or the judge who has issued it,
according to the circumstances, unless the law stipulates otherwise, and examining
the complaint shall not hinder the proceeding of the principal action before the court.
2. The complaint should have its good reasons.
3. The complaint shall be submitted independently or pursuant to the principal action,
and that shall be through the procedures with which the interlocutory requests are
prosecuted.
4. The complaint shall be judged with the confirmation of the order, its amendment or
with its cancellation, and that decision shall be liable to the appeal through the usual
methods of appeal.
Article (142)
1. The complaint from an order shall not stay its execution.
2. However, the court or the judge may order the stay of the execution temporarily, in
accordance with the rules of Article (234).
Title Eleven. Orders of Payment
Article (143)
* As amended by Federal Law No. (30) dated 30/11/2005:
1. With the exception of the general rules of the action prosecution, to start with, the
rules of the law stipulated in the following articles shall be applied if the creditor’s
right has been confirmed in writing and subrogated in the settlement, and all that he
has been claiming was a debt of a fixed amount of money or a movable specified
with a type and an amount, and such rules should be followed if the claimant of the
right was a creditor with a commercial paper and he has referred merely to the
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drawer, the clerk, receiver or the reserve guarantor of one of them, however, if he
wanted to refer to other than those he should follow the general rules of the action
prosecution.
2. If the creditor prosecuted his action through the usual methods in spite of the
availability of the issue conditions of settlement order, that would not hinder the
court from examining the action.
Article (144)
* As amended by Federal Law No. (10) of 2014 dated 20/11/2014:
1. The creditor shall first require the debtor to pay the amount due within a time-limit of
five days at least, then he shall apply for, and receive, a payment order from the judge
of the court in whose district the debtor’s domicile is located. The amount of the right
required to be paid may not be less than the one required in the petition filed for the
obtainment of payment order. It shall be sufficient that the payment be required by
virtue of registered letter with acknowledgment of receipt, or by any method agreed
upon by the parties.
2. The payment order shall be issued based upon a petition submitted by the creditor.
The debenture and evidence of requirement of payment shall be attached to the
petition. The debenture shall remain at the case management office until the
grievance period expires.
3. The petition shall be made in two identical copies and shall include the information
to be included in the statement of claim as stipulated in Article (42) of the present
Law.
4. The order shall be issued based on one of the petition’s two copies within three days
at most from its submission and the amount of money due or the movables ordered to
be paid, as the case may be shall be mentioned in said order. Moreover, it shall be
mentioned in said order whether it was issued on commercial matter.
5. The aforementioned petition shall be considered as having the same effects of the
filing of lawsuit from the date of its submission, even if the court was incompetent.
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Article (145)
1. If the judge has decided not to accept all the requester’s requests or decided not to
issue the order for any other reason, he should abstain from issuing the order and
appoint a session for examining the action before the authorized court, by then the
court shall notify the debtor to attend there before at the appointed session with a
notification including the information of the petition mentioned in the preceding
article, and the rejection of the inclusion of the order’s immediate execution shall not
be considered a rejection of some requests in deciding this article.
2. And it is not allowed to any of the opposing parties to appeal against the forwarding
decision even after issuing of the judgment in the matter.
Article (146)
1. The debtor shall be notified in his original residence or his workplace with the
petition and with the order issued against him for the settlement.
2. The petition and the order issued thereupon for the settlement shall be considered null
and void if they have not been notified to the debtor within six months from the date
of issuing the order.
Article (147)
1. The debtor may complaint against the order within fifteen days from the date of
notifying him therewith, and the complaint shall take place before the authorized
court and through the usual procedures of the action prosecutions there before, and it
should be based on good reasons, and the complainant shall practically be considered
a plaintiff, then the rules, and procedures applied before the court shall be taken into
consideration when examining the complaint.
2. It shall be possible to appeal the settlement order according to the rules and
procedures established for the appeal of decisions and the date set for appealing the
order shall start from the expiry date of the complaint there against.
Article (148)
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The rules related to the immediate execution shall be applied on the settlement order and
the decision delivered in the complaint there against.
Article (149)
If the creditor, in the stipulation of the Article (143), wanted to inflict a seizure of what
the debtor had in the possession of others, the usual procedures shall be applied on the
seizure needed to be inflicted and on the action of the seizure validity.

Title Twelve. Means of Challenge Against Judgements
Chapter I. General Provisions
Article (150)
1. The appeal against the decisions shall not be possible unless brought by the
convicted, and it shall not be possible to be brought by that who accepted the
sentence expressly or implicitly, or by that whose requests have been judged, unless
the law stipulates otherwise.
2. The appellant shall not be harmed with his appeal.
Article (151)
It is not possible to appeal against the decisions delivered during the progression of the
action since the litigation has not been terminated therewith except with the delivery of
the decision terminating all the litigation, and that with the exception of the temporary
and summary decisions, the decisions issued for staying the action, the decisions liable to
the obligatory execution, and the sentences issued deciding the lack of jurisdiction, unless
the court had the authority to judge in the action.
Article (152)
* As amended by Federal Law No. (10) of 2014 dated 20/11/2014:
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1. The time-limit of appeal against the judgment shall start from the day following the
date of its issuance, unless the law stipulates otherwise. The aforementioned timelimit
shall start from the date on which the judgment is served to the convict in the
cases where the latter fails to appear in all the sessions set for the hearing of the case
and to submit a defense memorandum, as well as the cases where the convict fails to
appear and submit the relevant memorandums in all the following sessions, for the
expedition of proceedings after their interruption for any reason whatsoever.
2. The time-limit shall start from the date on which the judgment is served, should any
reason for the interruption of the proceedings occur and should the judgment be
issued without the involvement of the representative of a deceased, a party who lost
his competency, or a party who lost his capacity.
3. A judgment shall be served according to the conditions set in Article (8) of the
present Law.
4. The failure to observe the time-limits of appeal in the judgments shall result in the
extinguishment of the right of appeal, and the court shall sua sponte rule the
extinguishment of such right.
Article (153)
* As amended by Federal Law No. (10) of 2014 dated 20/11/2014:
1. The time-limit of appeal shall be interrupted by the death of the convicted, the loss of
his capacity to sue or be sued or by the loss of capacity of the person who was
undertaking the proceedings on behalf of said convict.
2. The time-limit does not continue unless after the judgment is served to all the heirs
without mentioning their names and capacities, at the last domicile of their legator
should the heir be unknown or after it is served to the person who acts on behalf of
the party who have lost his capacity or his ability to sue and be sued.
3. In case the inheritors are known, the judgment shall be served according to the
conditions set forth in Article (8) of the present Law.
Article (154)
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* As amended by Federal Law No. (10) of 2014 dated 20/11/2014:
1. If the prevailing party dies during the period of appeal, his adversary may file the
appeal and serve same to all the inheritors without mentioning their names nor their
capacities, at the last domicile of their legator. The appeal shall be thereafter served
to all the inheritors while their names and capacities shall be mentioned, before the
session set for hearing the appeal or on the date set by the court for serving notice to
the heirs who were not served such notice in the first session. In case of summary
lawsuit, it shall be sufficient to serve notice to the appearing heirs.
2. If the prevailing party has lost the ability to sue and be sued during the appeal period,
or if the person undertaking the proceedings on his behalf has lost his capacity, the
appeal may be filed and served to the aforementioned persons. The appeal shall be reserved
thereafter to the person acting on behalf of the disputing party before the
session set for hearing the appeal or the date set by the court based on the
aforementioned.
3. In Paragraphs 1 and 2 of the present Article, notice shall be served according to the
conditions specified in Article (8) of the present Law.
Article (155)
* As amended by Federal Law No. (10) of 2014 dated 20/11/2014:
1. The appeal shall be served according to the conditions set in Article (8) of the present
Law.
2. If the respondent is the plaintiff or the appellant, and neither the statement of claim
nor the appeal memorandum have contained the address whereat the notice is to be
served, and should no other documents of the lawsuit contain such address, notice
shall be served according to the conditions set in Article (8) of the present Law.
Article (156)
1. No one shall benefit from the appeal except the one who has prosecuted it, and no
one shall object thereto except the one against whom the appeal has been prosecuted.
However, if the decision has been issued in an indivisible matter or in a commitment
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for solidarity or in an action in which the law necessitates the litigations of certain
persons, it shall be possible that the convicted ones, who has missed the appeal date
or has accepted the sentence, appeal there against during the examination of the
appeal prosecuted on the date from one of his parts joining him in his requests, and if
he hasn’t done, the court shall order the appellant to litigate against the appeal, and if
the appeal has been prosecuted against one of the convicted on the date the litigation
of the rest shall be imperative even if its date has been elapsed regarding them.
2. If the appeal has been prosecuted on the date by the guarantor or the claimant of the
guarantee in the decision issued in the principal action, and their defense therein was
the same, the one who missed the date or accepted the sentence may appeal there
against joining his part, and if the appeal has been prosecuted against any of both on
the date it shall be possible to litigate the other one even after the date expiry
regarding him.
3. The guarantor and the claimant of the guarantee shall be benefit by the appeal
prosecuted from any of them in the sentence issued in the principal action if their
defense has united therein.
Article (157)
1. It shall not be possible to return the documents to the litigant parties who submitted
them except after the expiry of the appeal dates or after the decision in the prosecuted
appeal.
2. However, it shall be possible to give copies of such documents to whom of the
concerned persons who would request them.
3. If there is a need to deliver the documents’ originals that shall be by the order of the
judge or the circuit president, according to the circumstances, and one of their copies
shall be kept with the authentication of one of both and it shall be sealed with the
court’s seal.

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Chapter II. The Appeal
Article (158)
The litigant parties, in other than the circumstances excepted by the law stipulation, may
appeal the decisions of the courts of first instances before the authorized court of appeal.
Article (158/1)
* As amended by Federal Law No. (30) dated 30/11/2005:
It shall be possible to appeal the decisions issued within the framework of the final
quorum from the court of first degree because of the breaching the jurisdiction rules
related to the public order or because of the occurrence of an invalidity in the decision or
an invalidity in the procedures which has affected the decision.
It is possible also to appeal all the decisions within the framework of the final quorum if
the decision has been issued with a breach to a preceding decision which hasn’t allowed
the power of the order decided, and in such circumstance, the preceding decision shall be
considered appealed by the power of the law if it hasn’t become final when the appeal
was prosecuted.
The appellant, in such cases, when he submits the appeal, should deposit in the safe of the
appellate court, a mortgage of two thousand Dirham, and it shall be sufficient to deposit
one mortgage when there is a multiplicity of appellants if they have appealed with one
pleading even if the appeal reasons were different.
The case management office shall not accept the appeal brief if it were not attached with
what proves such deposit and the mortgage shall be confiscated by the power of the law if
the illegality of the appeal has been decided.
Article (159)
The time-limit of the appeal shall be 30 days unless the law stipulates otherwise, and the
time-limit shall be 10 days for the summary matters.
Article (160)
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If the decision has been issued according to a fraud occurring from the litigant parties,
according to a falsified paper, according to a falsified witness or because of the failure to
present a decisive paper in the action which the litigant party has withheld, the date of the
decision appeal shall not start but from the day on which the falsification appeared or on
which the falsification was admitted by its committer or judged with its verification or on
which the perjury witness was sentenced or from the day on which the withheld paper
appeared.
Article (161)
1. The appeal of the decision issued in the provisional claim shall definitely result in
appealing the decision rendered in the principal claim and, in this case, the successful
claimant in the original claim must be sued even after expiry of the time limit.
2. If the appellate court has cancelled the decision issued in the principal request, it
should return the case to the court of first instance to decide the provisional claim.
Article (162)
* As amended by Federal Law No. (10) of 2014 dated 20/11/2014:
1. The appeal shall be filed by virtue of a memorandum submitted to the case
management office at the competent court of appeal. The memorandum shall be
immediately registered either in the relevant register or electronically and shall
indicate the appealed judgment, its date, the grounds of appeal, the requests as well as
the information related to the disputing parties’ names, capacities, domiciles of each
one of them and the domicile elected by the appellant in the country where the
competent appellate court is located, as well as the signature of the appellant or his
representative.
2. The appellant shall submit a sufficient number of copies of the memorandum of
appeal that corresponds to the number of respondents in addition to a copy to be
submitted to the case management office. The appeal supporting documents shall be
attached to each copy.
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3. However, the appellant shall be allowed to submit the grounds of his appeal until the
date of the first session set for hearing the appeal, otherwise the appeal shall be
dismissed.
Article (163)
1. The case management office of the court before which the appeal has been
prosecuted should demand the attachment of the file of the initiatory action on the
day following the day on which the appeal shall be prosecuted.
2. The case management office of the court of first instance, which has issued the
decision, should send the action file within ten days, at most, from the its request
date, and this date shall be reduced to three days in the summary action.
Article (164)
1. The appealed may, till the date of the first session of prosecution, prosecute an appeal
either through the usual procedures or through a brief including his appeal reasons.
2. The appeal mentioned in the preceding clause shall be considered a counter appeal if
it has been prosecuted within the time-limit of the appeal and a subsidiary appeal if it
has been prosecuted after the time-limit or if its prosecutor has accepted the sentence
in on a date prior to the prosecution of the original appeal.
3. The subsidiary appeal shall follow the principal appeal and it shall become void if the
principal appellant has relinquished his appeal or if it has been decided not to accept
the principal appeal formally, as for the counter appeal, it shall become void by the
extinguishment of the principal appeal whatever the way through which it was
prosecuted.
Article (165)
1. The appeal transfer the action in its state in which it has been before the issuing the
appealed decision in relation to what the appeal has prosecuted only.
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2. The court shall examine the appeal on the basis of what is submitted thereto of the
evidences, pleas and new aspects of defense and what had been submitted, before that
to the court of first instance.
3. The new requests shall not be accepted in the appeal, and the court shall decide on its
own accord with the disapproval. However, it shall be possible to add to the principal
request the wages, salaries and the rest of attachments which are due after submitting
the final requests before the court of first instance and what exceeds of the
indemnities after submitting such requests, likewise it shall be possible, with the
principal request’s matter remaining as is, to change its reason and adding thereto.
4. It shall not be possible in the appeal to involve that who has not been an opposing
party in the action in which the appealed decision has been issued, and it shall not be
allowed to intervene therein unless by that who requests to join one of the opposing
party or by that on whom the appealed decision is considered an evidence.
5. Appealing the decision terminating the litigation shall unquestionably be followed
with the appeal against all the decisions which have been issued in the case unless
they have been expressly accepted, taking into consideration what is stipulated in the
clause 1 of this article.
Article (166)
If the court of first instance decided in the matter and the appellate court found that there
has been a nullity in the decision or a nullity in the procedures affecting the decision, it
shall decide its cancellation and judge in the action. But if the court of first instance has
judged the lack of jurisdiction or the acceptance of a subsidiary plea that has had as a
consequent the hindrance of the action progression, and the appellate court has decided
the cancellation of the decision and the jurisdiction of the court or the rejection of the
subsidiary plea and decided to examine the action, it should return the case to the court of
first instance to decide in its matter.
Article (167)
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The court shall decide, in all circumstances, to accept the relinquishment of the litigation
in the appeal if the appellant has relinquished his right in the appeal.
Article (168)
The rules and procedures which are applied on the action before the court of first instance
shall be applied on the appeal, unless the law stipulates otherwise.

Chapter III. The Petition for Review
Article (169)
The litigant parties may request a petition for reexamining the decisions issued as final in
the following circumstances:
1) If a fraud has occurred by the litigant party and has influenced the decision.
2) If the decision was based on papers which have been declared as falsified or judged
as falsified, after issuing such decision, or the decision was based on a testimony of a
witness and it was judged, after its issue, as perjury.
3) If the petitioner, after issuing the decision, has obtained decisive papers in the action
which his opposing party hindered its submission.
4) If the judgment has decided something which the opposing parties haven’t requested
or decided more than what they have requested.
5) If the pronunciation of the sentence is self-contradictory.
6) For that against whom the decision issued in the action is considered an evidence,
and hasn’t been inserted or intervened in the action, on condition that the fraud of that
who was representing him, his collusion or his flagrant negligence has been verified.
7) If the decision was issued against a natural or legal person who hasn’t represented
with a valid representation in the action.
Article (170)
The time-limit of the petition shall be 30 days and it shall not start in the cases stipulated
in the clauses 1,2 and 3 of the preceding Article except from the day on which the fraud
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was disclosed or on which its committer confessed the fraud or on which its verification
was sentenced or on which the perjury witness was judged, or on which the paper, which
had been withheld, appeared. The time-limit in the circumstance stipulated in clause 6
shall start from the day on which the fraud, collusion or flagrant negligence has come to
light and in clause 7 from the day on which the decision has been notified to the
convicted or to that who represent him a valid representation.
Article (171)
1. The petition shall be prosecuted to the court which issued the decision with a brief
deposited in the court case management office according to the usual procedures of
the action prosecution.
2. The brief should include the manifest of the sentence in which the petition was
submitted, its date and the petition reasons or it shall be void.
3. The court which shall examine the petition may be consisted of the same judges who
have issued the decision.
4. The petition shall not be accepted if its brief hasn’t been attached with what prove the
deposit of a mortgage of Five Hundred Dirham, and the mortgage shall be
confiscated if the rejection of the petition, its disapproval, or its illegality has been
decided.
Article (172)
1. After hearing the opposing parties, the court shall decide, first, in the legality of the
petition, and if it approved it, it shall appoint a session for the prosecution in the
matter with no need for a new notification.
However, it may judge in the approval of the petition and in the matter with one
sentence if the opposing parties have submitted there before their requests in the
matter, and the court shall not reexamine except the requests which the petition
tackled.
The prosecution of the petition or its acceptance shall not have as a consequent the
stay of the sentence execution, however the court which examines the petition may
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order the stay of execution, when required, and when there is a fear that the execution
would cause a flagrant harm which would be impossible to avoid.
2. The court, when it orders the stay of the execution, may necessitate the submission of
a bail or order a person whom it shall consider a bondsman for securing the right
petitioned against him.
3. It shall not be possible to petition the reexamination of the decision which has been
issued with the rejection of the petition or in the decision in the matter of action after
its acceptance.

Chapter IV. The Cassation
Article (173)
* As amended by Federal Law No. (30) dated 30/11/2005:
1. The opposing parties may appeal with a cassation in the decisions issued from the
appellate courts if the action value was more than Two Hundred Thousand Dirham or
was not evaluated and that in the following circumstances:
a) If the appealed decision was based on breaching the law or a mistake in its
application or its interpretation.
b) If a nullity in the decision or in the procedures affecting the decision has
occurred.
c) If the appealed decision was issued contrary to the rules of the jurisdiction.
d) If the litigation was sentenced with contradiction to another which was issued in
the same matter among the same opposing parties and acquired the power of the
order decided thereto.
e) The decision’s lack of reasons, inadequacy or its ambiguity.
f) If the decision has been issued with what the opposing parties haven’t requested
or with more than what they have requested.
2. The opposing parties may appeal before the court of cassation in any final decision –
whatever was the court which has issued it – which has decided in a litigation
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contrary to another decision which has previously been issued between the opposing
parties themselves and has acquired the power of the order decided therein.
3. The decisions issued from the appellate courts in the execution procedures shall not
be liable to the appeal through cassation.
Article (174)
* As amended by Federal Law No. (10) of 2014 dated 20/11/2014:
The attorney general may, sua sponte or upon a written request from the Minister of
Justice, file an appeal in cassation against any final judgment regardless of the court that
has issued it, should such judgment be based on a breach of the law or an error in its
application or interpretation, in the following cases:
1) The judgments that may not be contested by the parties under the Law.
2) The judgments whose appeal deadlines are missed by the parties, those against which
appealing is relinquished by the parties, or those against which the parties have filed
an appeal that has been rejected.
Such appeal shall be filed by virtue of a memorandum to be signed by the attorney
general within one year from the date on which the judgment was issued. The court
shall hear the appeal in the deliberation room without summoning the parties, while
they shall benefit therefrom.
Article (175)
* As amended by Federal Law No. (30) dated 30/11/2005:
1. The appeal through cassation shall have as a consequent the stay of the decision
execution if it has been issued with divorce, the annulment of marriage or related to
the ownership of real estates, and in other than such cases the court may order the
stay of the decision execution temporarily if the appellant requested that in the
appeal’s pleading and was afraid that the execution would cause the occurrence of a
flagrant harm which would be impossible to avoid, and the authorized division
manager shall appoint a session for examining such request with which the requester
shall notify his opposing party through the appeal pleading, and if the court has found
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that stopping the decision execution or the appeal was based on other reasons than
the reasons stipulated in Article (173) of this law, it shall appoint a session for
examining the appeal within ninety days in a deliberation chamber.
2. The court, when it orders the stay of the execution, may necessitate the submission of
a bail or order whatever it would find sufficient for securing the right of the appealed.
This order which has been issued for stopping the decision execution shall include
the execution procedures which the convicting has undertaken on the basis of the
appealed decision therein from the date of the request for stopping the execution.
3. If the request has been rejected the appellant shall be committed with its
expenditures.
Article (176)
* As amended by Federal Law No. (30) dated 30/11/2005:
The time-limit of cassation shall be sixty days.
Article (177)
* As amended by Federal Law No. (10) of 2014 dated 20/11/2014:
1. The appeal in cassation shall be filed by virtue of a memorandum submitted to the
case management office at the court that has issued the judgment, the Federal
Supreme Court, or the Court of Cassation, as the case may be. Such memorandum
shall be signed by a judge admitted to hear the pleading and shall be enclosed with
evidence of payment of the entire fees in addition to the guarantee. The appeal shall
be immediately registered in the relevant register.
2. Upon the submission of the memorandum, the appellant shall submit a number of
copies thereof that correspond to the number of respondents, in addition to a copy to
be submitted to the case management office.
3. Before setting a date for adjudication, the appellant shall submit the power of
attorney of the attorney in charge of undertaking the appeal proceedings.
4. In addition to the information related to the names, capacities and addresses of the
disputing parties, the memorandum shall indicate the contested judgment, the date of
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its issuance as well as the date on which it was served (if already served) and shall
also contain the appeal grounds and the appellant’s requests.
5. Should the appeal not be filed as mentioned above, it shall be deemed rejected, and
the court shall sua sponte rule its dismissal.
Article (178)
It shall not be allowed to insist before the court on a reason which hasn’t been included in
the appeal’s pleading unless the reason was related to the public order, then it shall be
possible to hold on thereto in any time and the court shall automatically consider it.
Article (179)
* As amended by Federal Law No. (30) dated 30/11/2005:
1. A constant fee of Two Thousands Dirham shall be imposed on each appeal through
cassation and the ministries, societies, governmental circuits and what is similar
thereto in the state shall be exempted from paying such fee, and the court president,
or whoever represents him, shall undertake the decision in the requests for
postponing the fees or for the exemption there from and the submission of the
requests shall consequently cause the stay of the applicability of the date appointed
for the appeal.
2. The appellant by cassation should deposit in the court’s safe, by the time of paying
the fee fixed for the appeal, an amount of three thousands Dirham as a mortgage
which shall be given back to him if it has been decided to accept his appeal, but if the
appellants have prosecuted their appeal with one pleading it shall be sufficient to
deposit one mortgage.
The exempted from the judicial fees shall be exempted form the mortgage.
3. A constant fee of One Thousand Dirham shall be imposed on each request which the
appellant submits in order to stay the execution of the decision appealed in, and the
authorities mentioned in clause 1 of this Article shall be exempted from such fee.
Article (180)
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* As amended by Federal Law No. (10) of 2014 dated 20/11/2014:
1. The case management office at the appellate court shall serve the memorandum of
appeal to the respondent within ten days from the date on which the appeal was filed.
The case management office shall request joining the file of the case that the
judgment issued on it is contested, within three days from the date of submission of
the memorandum. The case management office at the court that has issued the
judgment shall send the case file within ten days, at most, from the date on which the
file was requested. The case management office at the court that has issued the
judgment shall send the appeal with the case file, within ten days from the date of
submission of the judgment thereto.
2. The court may decide to content with the certified copy of the judgment, that is
submitted by the appellant, instead of requesting the case file.
3. The respondent may submit a defense memorandum within fifteen days from the date
on which the notice is served.
4. The court may allow the disputing parties to submit new information to support their
defenses, and it may also undertake every procedure it deems useful for it to decide
upon the appeal.
Article (181)
1. The appealed may insert in the appeal any opposing party in the action in which the
appealed sentence was issued and against whom the appeal hasn’t been prosecuted,
and this involvement shall be through his notification with the appeal, provided that
such notification shall be accomplished within the time-limit stipulated in clause 3 of
the preceding article.
2. The one who has been introduced in the appeal may deposit in the case management
office of the court a pleading with his defense within fifteen days from the date of his
notification, and the appellant has the right to reply to such pleading according to the
dates stipulated in the preceding article.
Article (182)
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Each opposing party in the action in which the appealed sentence has been issued may, if
he hasn’t been notified by the appellant with his appeal, intervene in the appeal in order to
request the decision to reject it, and its intervention shall be done by depositing a
pleading of with his defense in the case management office before the expiry of the timelimit
stipulated in clause three of Article (180).
Article (183)
* As amended by Federal Law No. (30) dated 30/11/2005:
1. The authorized circuit manager shall appoint a judge for preparing a report resuming
the aspects of the appeal and the refutation there against, and the case management
office should display the action file, as soon as the report has been deposited, to the
manager in order to appoint a session for examining the appeal in the deliberation
chamber. If the court has found out that the appeal is not accepted for its
extinguishment or for the nullity of its procedures or for its being based on other than
the reasons mentioned in Article (173), it shall order its disapproval with a decision
which is to be recorded in the session minutes with a brief allusion to the decision
reason.
2. If the court considers that the appeal is worth examining it shall appoint a session for
examining it in order to read the resuming report and the court shall decide in the
appeal after the deliberation and without a defense.
If the court realized the necessity of the verbal defense it may hear the statements of
the lawyers in behalf of the opposing parties or may hear the parties themselves.
Article (184)
If the court has accepted the appeal and the matter was valid to decide in or the appeal
was prosecuted for the second time, it shall take the responsibility to decide therein and it
may fulfill the necessary procedures, but in other circumstances, the court shall decide
the cassation of the entire sentence or part thereof and forward the action to the court
which has issued the appealed decision unless the court has deemed appropriate to
examine it before a circuit consisted of other judges or to forward it to an authorized
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court to decide therein again, and the court to which the action has been forwarded shall
be committed to decide in the cassation in the points decided.
Article (185)
1. The abolishment of all the decisions on which the appealed decision has been based
shall be the consequence of the decision cassation, whatever was the court which had
issued it.
2. If the decision hasn’t been refuted except in a part thereof it shall remain in effect in
relation with the other parts, unless they have been subsequent to the refuted part.
Article (186)
If the court decided the illegality of the appeal, its disapproval or its rejection, entirely or
partially, it shall inflict on its prosecutor with the appropriate expenditures as well as
confiscate all or part of the mortgage, according to the circumstances.
Article (187)
It is not possible to appeal against the cassation decisions through any of the appeal
manners, and that with the exception of what has been issued there from in the litigation
source where it shall be possible to appeal therein through the petition of reexamining the
cases stipulated in clauses 1, 2 and 3 of Article (169).
Article (188)
1. The rules applied on the appeal before the appellate court shall be applied on the
appeal through cassation in case there is no contradiction with the terms of this
section.
2. The appeal through cassation shall be in the decisions issued from the federal courts
before the supreme federal court in the circumstances and according to the
procedures and rules mentioned before. In case of what hasn’t been mentioned with a
special statement in this section, the rules of the Federal Law No. (10), for the year
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1973 A.D. shall be applied concerning the supreme federal court and its amending
laws.

BOOK TWO. VARIOUS PROCEDURES AND LITIGATIONS
Title One. Tender and Deposit
Article (189)
* As amended by Federal Law No. (10) of 2014 dated 20/11/2014:
The debtor may, if he wishes to pay the amount due, offer the creditor the money,
documents or movables he undertakes to provide to him at the debtor’s domicile.
The offer shall be provided based on an application submitted to the case management
office or to the president of the Court of First Instance, as the case may be, and it shall be
served on the creditor by the process server, then a report shall be prepared thereon
including the subject-matter of the offer, the conditions of the offer its acceptance or its
rejection. The offer may be provided at the session before the court without the need to
take any procedures should the party to whom the offer was offered be present.
Article (190)
The debtor may request, with the offer, the creditor’s consent on the release of his estates
from the real bail or from any other bond restricting the disposition.
Article (191)
It shall be stipulated as conditions for the validity of the offer the following:
a) To be directed to that who is legally competent of the reception or who represents
him.
b) To be addressed from a person who holds good to undertake the settlement.
c) That the offer includes the sums, the sources, the attachments and the expenditures.
d) That the condition related to the commitment is to be fulfilled.
e) That the debtor submits his offer to the creditor himself or at his residence.
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Article (192)
1. If the offer was money or other items that can be moved or lodged in the court’s case
and the person, to whom the offer was submitted, has rejected it, the president of the
court of first instance or the session’s president, according to the circumstances, shall
give orders to lodge them immediately in such case.
2. If the offer has been rejected and the offered was not possible to lodge in the court’s
case the session president or the president of the court of first instance shall give
orders, according to the request of the process server* and according to the
circumstances, to lodge it in the place he shall locate, and that if the item were
possible to move without difficulty, however, if it were prepared to stay where it
existed or it were difficult to move but with difficulty, he shall give orders to put it
under receivership.
* The expression “process server” has replaced the expression “notification
server”, wherever mentioned, by virtue of Article (1) of the Federal Law No.
(10) of 2014 dated 20/11/2014.
3. If the offered were subject to damage or would cost excessive expenses for its
lodging or for its receivership the debtor or the process server may request the
president of the first instance to give orders to sell it at a public auction and deposit
the price in the court’s case, and if it had a given price in the market or its transaction
was current it shall not be possible to sell it at the public auction except if the sale has
been difficult dealing with the given price.
4. The offer’s bidder may request the decision with the validity of the offer.
Article (193)
There shall be no decision with the validity of the offer unless the offered item has been
lodged together with its attachments which have been due until the lodging day, and the
court shall decide, together with the validity of the offer, the discharge of the debtor from
the day of the offer.
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Article (194)
The debtor may retract from an offer which his creditor hasn’t accepted and retake what
he lodged after the expiry of ten days from the date on which he had notified his creditor
with the offer and the lodging.
Article (195)
It is not possible to retract from the offer nor to restore the deposit after the creditor’s
acceptance of that offer or after issuing the decision with the validity of the offer and its
final outcome.
Article (196)
It is possible that the creditor accepts an offer which has previously rejected and that he
receives what was deposited as a guarantee thereto unless the debtor has retracted from
his offer.

Title Two. Challenge of Judges and Members of the Public Prosecution
Article (197)
It is possible to litigate the judges of the courts of first instance and the courts of appeal
and the members of the public prosecution in the following circumstances:
1) If a fraud, a deceit or a flagrant professional mistake has been committed by the
judge or the member of the public prosecution.
2) In the other circumstances in which the law decides the responsibility of the judge
and inflicting on him indemnities.
Article (198)
1. The litigation action shall be prosecuted with a report in the case management office
of the appellate court to which the judge or the public prosecution’s member belongs
and the requester or whoever represents him in that shall sign it, and the report should
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include a statement of the dispute’s aspects and its evidences and the confirming
papers thereof shall be deposited with it with a mortgage of a thousand Dirham.
2. The dispute shall be manifested in order to examine its approval before one of the
appellate court’s circuit by an order from its president after notifying the judge or the
public prosecution’s member with a copy of the report.
The dispute shall be examined in the deliberation chamber at the first session held
after the eight days following the notification and the case management office shall
notify the requester and the disputed with the session, and if the disputed judge were
a judge at the appellate court or the disputed member of the public prosecution were
the attorney general or an attorney, at least, one of the circuits of the cassation shall
undertake the decision, in the deliberation chamber, for accepting the dispute, and if
it has decided to accept it, it shall forward the examination of the dispute matter to a
special circuit consisted of five of its judges according to the hierarchy of their
seniority.
Article (199)
The court shall judge, as soon as possible, in the relevance of the dispute aspects to the
action and its acceptance, and that shall be after hearing the requester or his attorney and
the disputed judge or the disputed public prosecution’s member, according to the
circumstances, in person or through an attorney from the judiciary persons and the
prosecution’s statements if it has intervened in the action.
Article (200)
1. If the acceptance of the dispute were decided, the decision shall appoint a session for
examining the dispute matter at a public session and it shall be decided therein after
hearing the disputed requester and the prosecution’s statements if it has intervened in
the action.
2. The judge shall be incompetent to examine the action from the date of the decision of
accepting the litigation
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Article (201)
1. If the disapproval of the dispute were decided in form or were rejected in content, the
requester shall be inflicted with the confiscation of the mortgage with the
indemnities, if they had a side.
2. If the validity of the dispute were decided, the judge or the prosecution’s member
shall be inflicted with the indemnities, expenditures and the nullity of his power of
disposition, and the state shall be responsible with what shall be inflicted as
indemnities on the judge or the prosecution’s member, and it shall have the right to
claim it, and its execution shall be possible directly with the decision issued in the
dispute action.
3. However, The nullity of the sentence shall not be decided for the benefit of an
opposing party other than the prosecutor in the dispute action except after notifying
him to give his statements, and it shall be possible in such circumstance that the court
would issue in the principal action a new decision if it has considered it valid for the
settlement and that shall be after hearing the opposing parties’ statements.
Article (202)
It is not possible to appeal against the decision issued in the litigation action except
through cassation.

Title Three. Arbitration
Article (203)
* As amended by Federal Law No. (30) dated 30/11/2005:
1. It shall be possible that the contractors, in general, state as a condition in the principal
contract or with a subsequent agreement, the exposition of what may arise among
them of litigations concerning the execution of a certain contract, to one or more
arbitrators, and it is also possible to agree on the arbitration in a certain litigation
under special conditions.
2. The agreement shall not be recorded except in writing.
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3. The litigation’s facts should be designated in the arbitration document or during the
examination of the action even if the arbitrators were authorized for reconciliation,
otherwise the arbitration shall be void.
4. It shall not be possible to arbitrate in the matters in which the reconciliation is not
possible, and it shall not be valid to agree on the arbitration unless by those who have
the capacity of disposition in the litigated right.
5. If the litigant parties have agreed on the arbitration in some litigation, it shall not be
possible to prosecute an action therewith before the judiciary, however, if one of the
two litigant parties has resorted to prosecute the action without taking into
consideration the arbitration condition and the other party hasn’t objected at the first
sessions, the action should be examined and the arbitration condition shall be void.
Article (204)
1. If the litigation has occurred and the litigant parties haven’t agreed on the arbitrators,
or one or more arbitrators, who was agreed on, has abstained from the work, has
retired there from, has been dismissed there from, or his refusal has been decided, or a
hindrance has prevented his undertaking therein, and there were not an agreement
between the litigant parties concerning that, the court which is principally authorized
to examine that litigation shall appoint whoever shall be needed of the arbitrators, and
that on the grounds of a request from one of the litigant parties, through the usual
procedures of the action prosecution. The number of those appointed by the court
should be equal to the number agreed on between the litigant parties or completing
thereto.
2. It shall not be possible to appeal against the decision issued in that through any of the
proceedings of appeal.
Article (205)
It shall not be possible to authorize the arbitrators for the reconciliation unless they were
mentioned by their names in the agreement on the arbitration or in a subsequent
document.
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Article (206)
1. The arbitrator should not be minor, legally incompetent, deprived from his civil rights
because of a criminal penalty or bankrupt unless he has been rehabilitated.
2. If there were many arbitrators there numbers, in all circumstances, should be odd.
Article (207)
1. The arbitrator’s acceptance should be in writing or by proving his acceptance in the
session minutes.
2. If the arbitrator has withdrawn, without serious reason, from his work after his
acceptance of the arbitration, it shall be possible to inflict indemnities on him.
3. He may not be dismissed except with the consent of all the litigant parties, however
the court which was principally authorized to examine the action, and on the grounds
of one the litigant parties request, may dismiss the arbitrator and give order to appoint
a substitute in his place in the manner in which he was appointed in the beginning,
and that in the case of proving that the arbitrator has intentionally neglected the work
according to the agreement of the arbitrators in spite of drawing his attention, in
writing, thereto.
4. It shall not be possible to refuse him from the arbitration except for reasons which
would occur or appear after his personal appointment, and the refusal shall be
requested for the same reasons for which the judge is refused or because of which he
shall not be competent to arbitrate. The refusal request shall be prosecuted to the court
which is principally authorized to examine the action within five days from the
litigant party’s notification with the arbitrator appointment or from the date of the
occurrence of the refusal reason or the acknowledgement thereof if it were next to his
notification with the arbitrator appointment. In all circumstances, the refusal request
shall not be accepted if the court’s decision has been issued and the pleading in the
case has been closed.
Article (208)
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1. The arbitrator shall, within thirty days at most from the acceptance of the arbitration,
notify the litigant parties with the date of the first session fixed to examine the
litigation and with its meeting place and that without obligation to the rules settled in
that law for the notification and he shall fix for them a date to submit their documents,
briefs and defense aspects.
2. It shall be possible to arbitrate according to what one side shall submit if the other
party failed to do on the appointed date.
3. If the arbitrators were many they should undertake, together, the investigation
procedures and each of them should sign on the reports.
Article (209)
1. The litigation shall cease before the court if one of the reasons of the litigation
severance, set in this law, has emerged, and the severance shall result in its effects
which were legally set unless the action has been held for judgment.
2. If a priority matter which is not related to the arbitrator’s authority, or an appeal
against a paper falsification, or a criminal procedures have been taken in its
falsification, or in another criminal incident has been exposed during the arbitration,
the arbitrator shall stop his work until a final decision shall be issued therein, and the
arbitrator shall also stop his work in order to refer to the authorized court’s president
to proceed the following:
a) The sentence with the penalty legally set on the witnesses who fail to attend or
abstain from answering.
b) The decision charging the others to show a documents in his possession which is
necessary for the decision in the arbitration.
c) The decision in the judicial writs.
Article (210)
1. If the litigant parties haven’t set, as a condition in the agreement, a date for the
arbitration the arbitrator should arbitrate within six month from the date of the session
of the first arbitration, otherwise anyone who wanted of the litigant parties may
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prosecute the litigation to the court or may continue therein before the court if it was
prosecuted before that.
2. The litigant parties may agree, expressly or implicitly, to extend the appointed date,
by agreement or by law, and they may authorizing the arbitrator to extend it to a
certain date and the court may, according to the request of the arbitrator or one of the
litigant parties, prolong the time-limits appointed in the preceding clause to the period
which it shall find adequate for deciding in the litigation.
3. The date shall be suspended as far as the litigation is suspended or severed before the
arbitrator and its progression shall be resumed from the date of the arbitrator’s
acknowledgment of the extinguishment of the suspension or the severance’s reason,
and if the rest of the time-limit were a month it shall be extended to a month.
Article (211)
The arbitrators should administer an oath on the witnesses and everyone who shall
perjure before the arbitrators shall be considered a committer of the crime of perjury.
Article (212)
1. The arbitrator shall deliver his decision without obligation to the pleading procedures
except what has been stipulated in this chapter and the procedures concerning the
litigant parties’ action and hearing their defense’s aspects, and enabling them to submit
their documents, however, the litigant parties may agree on certain procedures
according to which the arbitrator should proceed.
2. The arbitrator’s decision shall be according to the rules of the law unless if it were
authorized with the reconciliation, then it shall not be obliged with such rules except
with those related to the public order.
3. The rules related to the summary execution shall be applied on the arbitrator’s
decisions.
4. The arbitrator’s judgment should be delivered in the state of the United Arab Emirates,
otherwise the rules set for the arbitrators’ decisions delivered in a foreign country shall
be followed therein.
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5. The arbitrators’ decision shall be delivered with a majority of opinions and it should
be written together with the contradictory opinion, and it should particularly include a
copy of the arbitration agreement and a resume of the litigant parties’ statements, their
documents, the decision’s reason and its pronunciation, its delivery date, its delivery
place, the arbitrators’ signatures, and if one or more of the arbitrators has refused to
sign the decision that should be mentioned therein, and the decision shall be valid if
the majority of the arbitrators have signed it.
6. The decision shall be compiled in Arabic unless the litigant parties have agreed
otherwise, in such case, an official translation should be attached thereto when it is
deposited.
7. The decision shall be considered delivered from the date of the arbitrators’ signature
thereon after writing it.
Article (213)
1. In case of the arbitration proceeded through the court, the arbitrators should deposit
the decision with the original of the arbitration record, the reports and the documents
in the case management office of the court authorized principally to examine the
action, and that shall be within the fifteen days following the decision’s delivery and
they should deposit a copy of the decision in the case management office of the court
to deliver them to each party side and that within fifteen days from depositing the
original and the case management office of the court shall compile a report with that
deposit to manifest it to the judge or the division manager, according to the
circumstances, in order to appoint a session within fifteen days to authenticate the
decision and the two parties shall be notified therewith.
2. If the arbitration were incoming in an appellate case the deposit shall be in the case
management office of the court authorized principally to examine the appeal.
3. As for the arbitration which takes place between the litigant parties outside the court,
the arbitrators should deliver a copy of the decision to each party within five days
from the delivery of the arbitration decision and the court shall examine the
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authentication or the nullity of the decision according to the request of one of the
litigant parties through the usual procedures of the action prosecution.
Article (214)
The court may, during the examination of the authentication request of the arbitrators’
decision, return it to them in order to examine what they have failed to arbitrate in the
arbitration matters therein or to clarify the decision if it were not definite in a way that
makes it impossible to execute, and the arbitrators should, in both cases, deliver their
decision within three months from the date of their notification with the decision unless
the law shall decide otherwise.
It is not possible to appeal against its decision except with the final sentence delivered
with the authentication of the sentence or its invalidation.
Article (215)
1. The arbitrators’ decision shall not be executed except if the court in which case
management office the decision was deposited, has authenticated it, and that after
looking into the decision and the arbitration document and verifying that there is no
prohibition to execute it, and such court shall be authorized to amend the material
errors in the arbitrators’ decision according to the request of the concerned persons
through the proceedings set for amending the arbitrations.
2. The execution judge shall be authorized with all that concerns the execution of the
arbitrators’ decision.
Article (216)
1. The litigant parties may request the nullity of the arbitrators’ decision when the court
examines its authentication and that shall be in the following circumstances:
a) If it has been delivered without an arbitration report or delivered according to a
void document or a document that has been extinguished by the failure to observe
the date or if the arbitrator has gone beyond the document’s limits.
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b) If the decision has been delivered by arbitrators who were not assigned according
to the law or it has been delivered by some of them who were not allowed to give
the decision in the absence of others, or delivered according to an arbitration
document in which the litigation facts have not been determined, or delivered by a
person who had not the capacity of the arbitration agreement, or by an arbitrator
who did not fulfill the judicial conditions.
c) If a nullity in the decision or a nullity in the procedures which has affected the
decision has occurred.
2. The acceptance of the nullity shall not be restrained by the litigant party’s
relinquishment of his right therein before the delivery of the arbitrators’ decision.
Article (217)
* As amended by Federal Law No. (10) of 2014 dated 20/11/2014:
1. Arbitration awards may not be contested in any method of cassation.
2. As for the judgment confirming or invalidating the arbitration award, it may be
contested in the prescribed cassation methods.
3. By way of exception from the provisions of the preceding paragraph, the judgment
may not be appealable if the conciliating arbitrators or the disputing parties have
expressly relinquished the right to appeal, or the litigation value was not exceeding
AED 20,000.
Article (218)
The arbitrators shall be allowed to valuate their fees and the arbitration expenditures, and
they may inflict all or part of them on the losing party, and the court, on the basis of the
request of one of the litigant parties, may amend that valuation with what shall be
adequate to the effort done and the litigation nature.

BOOK THREE. THE EXECUTION
Title One. General Provisions
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Chapter I. The Execution Judge
Article (219)
1. The execution is to proceed under the supervision of an execution judge
commissioned to the location of each court of first instance and assisted by a
sufficient number of executions representatives.
2. The procedures decided before the court of first instance shall be applied before him,
unless the law stipulates otherwise.
Article (220)
1. The execution judge shall be exclusively authorized to execute the executive
document and to decide in all the temporary litigations of the execution with a
summary proceeding. Moreover, he shall be authorized to deliver the sentences,
decisions and orders related thereto.
2. The authorization of the execution judge shall be in the court’s area which has
delivered the sentence, the decision, or the order or in which area the executive
document has been documented or authenticated, or in the court’s area in which the
residence of the convicted and his estates are located.
3. If the execution were dependent on a temporary proceeding or a notification and the
execution location of such procedure were in another court’s area, the authorized
execution judge shall deputize, for that, the execution judge in whose area the
procedure is required to be undertaken.
4. If the execution included:
a) Sequestered movables in the possession of the debtor which are located in another
court’s area.
b) Sequestered properties in the possession of a third person whose residence is
located in another court’s area.
c) Sequestered real estates located in another court’s area or several courts’ circuits.
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d) The obligation to deliver a certain item whenever the residence of the convicted is
located in another court’s area.
By then, the authorized execution judge should forward the matter to an execution
judge in any of the areas mentioned above in order to deliver such item or to sell
such sequestered items.
5. Should the sequestrations be multiple through execution judges in different court
circuits, the execution judge having imposed the first sequestration shall be competent
to distribute the sun of sales among creditors.
6. Should the procedure required to be taken is constituted of an imprisonment order, in
accordance with the provisions of the imprisonment of debtors set forth herin, and
should the residence of the debtor be within the circuit of another court other than the
court where the executive deed is executed, the competent execution judge shall refer
the matter to the execution judge where the procedure is required to be taken in the
court thereof to carry out the investigation, and to issue and execute the appropriate
order.
Article (221)
1. The writ (the request for legal assistance) and the reference shall be proceeded from
the authorized execution judge to the execution judge in whose area the procedures
are required to be undertaken, and all the needed legal documents for its execution
shall be attached thereto.
2. The execution judge who has been requested for legal assistance or to whom the
procedures have been forwarded, shall undertake the necessary decisions to execute
such request (writ) or reference and he shall decide in the execution problems exposed
to him, and his decisions which are subject to the appeal shall be appealed before the
appellate court in his area.
3. The execution judge who has proceeded the execution of the writ or the reference
shall inform the execution judge with what has been accomplished and shall forward
to him any items or other properties he has received as a result of the sale of the
sequestrations.
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4. If the execution judge requested for legal assistance or referred to has found that there
were legal reasons preventing the execution or if it was impossible for him to
undertake the execution for any other reason, then he should inform the authorized
execution judge about that.
Article (222)
1. The decisions of the execution judge shall be subject to the appeal in the following
circumstances:
a) The authorization of the execution judge or his lack of authorization to execute
the executive document.
b) That the confiscated properties may or may not be sequestered or sold.
c) The participation of other persons, other than the litigant parties, in the
confiscation.
d) Arranging the priority among the persons for whom the conviction has been
delivered.
e) Postponing the execution of the decision for any reason.
f) Whether if it were possible to detent or not that who fails to pay the decided sum
of money.
g) Giving the debtor a time limit to settle the sum of money for which the execution
has been undertaken, or to pay it in installments.
2. Such decisions shall be appealed before the authorized appellate court within seven
days from the date of issuing the decision if it were in the presence of the parties and
from the date of its notification if the decision was issued in their absence.
3. The appeal shall have as a consequent the stay of the execution procedures until the
appellate court shall decide in the litigation. However, if the appeal were for a
detention decision the appellant should present a bondsman whom the execution
judge accept to be responsible to summon the person against which the execution is
proceeding or to settle the sum of money decided, in case of his failure to summon
him. If the guarantor has failed to summon his guaranteed, the court shall bind him
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with the value of the bail and it shall be collected from him through the proceeding
through which the decisions are executed.
Article (223)
1. A special record shall be prepared at the court for registering the execution requests.
2. For each request there shall be a file in which all the papers related to such requests
are to be lodged.
3. The file shall be exposed to the execution judge in order that he shall stipulate therein
the judgments, decisions and orders which he shall deliver.
Article (224)
1. The execution shall be undertaken by the execution agents on the basis of the
concerned persons’ request when the executive document has been submitted and the
execution judge has ordered that.
2. If a resistance or an aggression has occurred against the execution agent and that has
resulted in the interruption of the execution, he should undertake all the precautionary
proceedings and request the public authority.

Chapter II. The Writ Execution
Article (225)
1. The obligatory execution shall not be possible except by an executive document in
case of need for a right verified, evaluated and due of performance.
2. The executive documents are:
a) The decisions and orders.
b) The instruments in writing which are documented according to the law regulating
the documentation and authentication.
c) The reconciliation minutes sessions which the courts authenticate.
d) The other papers which the law gives such capacity.
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The execution shall not be valid in other than the circumstances excepted by the
stipulation of the law unless by a copy of the executive document on which the
following execution phrasing should be included:
“The competent authorities and bodies should undertake the execution of this
document and proceed in what it necessitates and they should help with, even
obligatorily, its execution whenever they would be required to do so”.
3. The executive documents shall not be executed if they have been left for a period of
fifteen years or if they have been relinquished the same period without execution
since their issue.
Article (226)
It is possible that the court of summary matters, or in the circumstances where the delay
shall be damaging, would give orders, according to the concerned person’s request, to
execute the decision on the basis of its draft without a notification and without putting an
executive phrasing thereon, and in such circumstance, the clerk shall deliver the draft to
the execution agent who shall return it after the accomplishing of the execution.

Chapter III. The Summary Execution
Article (227)
1. It is not possible to execute the decisions forcibly as long as the appeal therein is
possible through the appeal proceeding unless the summary execution is stipulated in
the law or decide thereby.
2. However, it shall be possible according to them, to undertake precautionary
procedures.
Article (228)
1. The summary execution shall be obligatory by the law in the following circumstances:
a) The decisions delivered in the summary matters whatever was the court which has
delivered them.
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b) The orders issued on the pleadings.
2. The summary execution shall be without a bail unless the submission of a bail has
been stipulated in the decision or the order.
Article (229)
The court, according to the concerned persons’ request, may comprise its decision with
the summary execution with or without a bail in the following circumstances:
1) The decisions delivered in the commercial matters.
2) If the convicted has admitted the establishment of the commitment or has litigated in
its limits or claimed its expiry.
3) If the decision has been delivered as an execution to a previous decision which had
the power of the decided order or was comprising the summary execution without a
bail, or was based on an official document against which there has been no appeal for
falsification, or a martial document which hasn’t been disclaimed as long as the
convicted has been a litigant party in the previous decision or a party in the document.
4) If the decision has been delivered to the advantage of the execution requester in a
litigation concerning him.
5) If the decision has been delivered with the payment of wages, salaries, or indemnities
caused by a business relationship.
6) If the decision has been delivered in one of the actions of possession or with the
dislodgment of a tenant of a real estate of which contract has been expired or broken,
or with the expulsion of the real estate occupant who had no document when the right
of the prosecutor was not disclaimed or was confirmed with an official document.
7) In any other circumstance, if the delay of the execution shall cause a flagrant harm to
the person for whom the decision has been delivered, provided that that shall be
clearly manifested in the decision.
Article (230)
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1. The summary execution — by the power of law or by the decision of the court —
shall also extend to include the attachments of the principal request and the action’s
expenditures.
2. Comprising the decision with the summary execution may not be agreed on before its
delivery in other than its circumstances.
Article (231)
In the circumstances in which it is not possible to execute the decision or the order except
with a bail, the person committed to pay it may have the choice either to present a
wealthy bondsman or to deposit in the court’s case what shall be sufficient of currency or
money bills, or to accept to deposit in the court’s case what he would collect from the
execution, or to deliver what is required to be delivered in the decision or in the order to a
faithful judicial receiver.
Article (232)
1. The person bound to the bail shall declare his choice either by the help of the
execution agent with an independent paper, or included in the notification of the
execution document.
2. The choice should, in all cases, include the determination of an elected domicile, in
the state, of the execution requester if he hasn’t residence nor a workplace therein, so
that he can be notified with the papers related to the litigations in the bail.
3. The concerned persons may, within three days form the notification with the choice,
prosecute before the execution judge a complaint to litigate therein the capacity of the
bondsman, the faithfulness of the judicial receiver, or the sufficiency of what he has
deposited, and the decision in the complaint shall be final.
4. If the complaint hasn’t been prosecuted on the fixed date or it has been prosecuted
then refused, the execution judge shall impose a commitment on the bondsman to bail
or on the judicial receiver to accept the receivership and the report including the
commitment of the bondsman and the judicial receiver shall be considered an
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executive document there before with the obligations following the bondsman’
commitment or the judicial receiver’s acceptance.
Article (233)
1. It is possible to prosecute the complaint before the appellate court against the decision
quality and that through the usual procedures of the appeal prosecution and the
attendance date shall be three days.
2. It shall be possible to reveal such complaint at the session, even after the expiry of the
appeal dates, during the examination of the appeal prosecuted against the decision.
3. The complaint shall be judged independently from the matter.
Article (234)
1. In all circumstances, the court to which the appeal or the complaint has been
prosecuted may give orders, according to the request of the concerned persons, to stay
the execution if there is fear from the occurrence of a flagrant damage by the
execution.
2. The court may, when the stay of the execution has been decided, necessitate the
submission of a bail or order what it considers adequate to secure the right of the
person for whom the decision has been delivered.

Chapter IV. Enforcement of Foreign Judgments, Orders and Bills
Article (235)
1. The execution of the decisions and orders delivered in a foreign country may be
mandated in the state of the United Arab Emirates under the same conditions decided
in the law of that country for executing the decisions and the orders delivered
2. The execution order shall be requested before the court of first instance in which area
the execution is required, through the usual procedures of the action prosecution, and
it shall not be possible to order the execution before the verification of the following:
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a) That the state’s courts are not authorized to examine the litigation in which the
decision or the order has been delivered and that the foreign courts which have
delivered it are authorized therewith according to the international rules of the
judicial jurisdiction decided in their law.
b) That the decision or the order has been delivered from an authorized court
according to the law of the country in which it has been issued.
c) That the litigant parties, in the action in which the foreign decision has been
delivered, have been assigned to attend and have been properly represented.
d) That the decision or the order has acquired the power of the decided order
according to the law of the court which delivered it.
e) That it does not conflict with a decision or an order delivered previously from a
court in the state nor does it include what breaches the morals or the public order
therein.
Article (236)
The terms of the preceding clause shall be applied on the arbitrators’ decisions delivered
in a foreign country and the arbitrators’ decision should be delivered in a matter in which
it shall be possible to arbitrate according to the law of the state and should be liable to the
execution in the country which has delivered it.
Article (237)
1. The authenticated pieces in writing and the reconciliation reports which the courts
authenticate in a foreign country may have the order to be executed in the state under
the same conditions decided in the law of that country, in order to execute the similar
ones issued in the state of the United Arab Emirates.
2. The execution order referred to in the preceding clause shall be requested with a
petition submitted to the execution judge and it shall not be possible to order the
execution except after verifying the fulfillment of the conditions required for the
liability of the document or the report for execution according to the law of the
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country in which its documentation or authentication has accomplished, and verifying
that it is free from what breaches the morals and public order in the state.
Article (238)
The rules stipulated in the preceding clauses shall not breach the rules of the agreements
between the state and the other countries in this respect.

Chapter V. The Execution Procedures
Article (239)
1. The execution should be preceded by the notification of the executive documents
according to the notification procedures set in this law.
2. The notification paper should include a statement of the matter required and an
assignment to the debtor to settle the debt within fifteen days from its notification
date, and the allocation of an elected domicile for the execution requester in the area
of the court at which the execution shall proceed unless his original residence,
workplace or his elected domicile were therein.
3. If the executive document were issued according to a contract of opening a letter of
credit there should be notified therewith an extraction with the debtor’s account on the
basis of the creditor’s current account books.
4. In case of the execution with the evacuation of a real estate or delivering the movable
or real properties the notification of the executive document should include a
sufficient definition of those properties.
If the executive documents included an appointment of a date for the evacuation or
the delivery the notification should include that date.
Article (240)
1. If the debtor proposed to the execution agent, by the time of the executive document’s
notification or in any circumstance in which the procedures were, the settlement of the
sum to be executed or a part thereof, the agent should record that in the report and
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assign the debtor to deposit the sum proposed in the court’s case to the advantage of
the execution requester, and the deposit shall be accomplished on the same day or on
the following day at most.
2. If the offered item were a part of the debt the agent should continue in the execution
concerning the rest.
Article (241)
* As amended by Federal Law No. (30) dated 30/11/2005:
It is not allowed to the execution agent to break open the doors or to open the locks by
force in order to proceed the execution, except with the approval of the execution judge
and that shall be done in the presence of one of the policemen who should sign the
execution report otherwise it shall be void.
Article (242)
1. If the debtor has deceased or lost his capacity or the competence of the one who
undertakes the procedures in his place has extinguished before starting the execution
or before its accomplishment, the execution shall not be possible before his heirs or
before that who is in his place except after the expiry of eight days from the date of
notifying them with the execution document.
2. If the debtor has deceased or lost his capacity or the competence of the one who
undertakes the procedures in his place has extinguished after starting the execution,
the execution procedures shall be halted and all the dates which has been in operation
concerning him, until one of the execution parties shall urge them.
3. It shall be possible, before the expiry of three months from the death date, that the
notification, referred to in the two preceding clauses, shall be addressed to the heirs
altogether in the last residence in which their testator had resided, without listing their
names and capacities.
Article (243)
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It is not allowed to another to undertake what is required according to the execution
document nor to be obliged to undertake it, except after notifying the debtor with the
determination of such execution eight days, at least, before its occurrence.

Chapter VI. Objections to Execution
Article (244)
1. If a problem has been exposed during the execution and there was required therein a
temporary procedure, the execution agent may halt the execution or continue therein
by precaution, assigning the litigant parties, in both cases, to attend before the
execution judge, even with a date of one hour if necessary, and it shall be sufficient to
record the occurrence of such assignment in the report in what concerns the
prosecutor of the problem. In all circumstances, It shall not be possible for the
execution agent to accomplish the execution before the judge delivers his decision.
2. If the problem has been prosecuted with an action concerning the possession of a real
estate through the usual procedures of the action prosecution before the authorized
court, its prosecution shall result in the stay of the execution unless the court orders
otherwise.
3. The execution judge shall decide in the problem if it was prosecuted to him directly or
if it was submitted to the execution agent after notifying the parties of the executive
document and the problem’s prosecutor at a session appointed for that purpose.
4. The submission of any other problem shall not result in the suspension of the
execution, unless the execution judge decides the stay, and the terms of this clause
shall be also applied on the problems prosecuted after any substantive execution
litigation which is suspensive to the execution.
5. The terms of the preceding clause shall not be applied on the first problem exposed by
the obligated in the executive document if he hadn’t litigated in the previous
substantive problem or litigation.
Article (245)
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The real offer shall not result in the stay of the execution if the offer were disputed and
the execution judge may give orders to suspend the execution temporarily and to lodge of
the offered item or a sum of money exceeding its value which he would designate.
Article (246)
* As amended by Federal Law No. (10) of 2014 dated 20/11/2014:
1. If the judge has ruled the write-off of the lawsuit, the effect suspending the execution
as a result of the elimination of the lawsuit shall no more exist.
2. If the plaintiff loses the lawsuit that was suspending the execution, he may be subject
to a fine amounting to no less than AED 5,000 at most, without prejudice to the
indemnities if there were validly due.
Title Two. Sequestrations
Chapter I. General Provisions
Article (247)
* As amended by Federal Law No. (30) dated 30/11/2005:
Without prejudice to what stipulated in any other law, it shall not be possible to
confiscate the following:
1) The public properties owned by the state or to one of the emirates.
2) The house considered as a residence of the debtor or the convicted and, in case of his
decease, of those of his relatives who used to reside with him and whom he was
legally providing for.
3) What is needed for the debtor of clothes and what is necessary for him and his family
of the house furniture and the kitchenware, and what they need of food and fuel for a
period of six months.
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4) What the farmer or the fisherman owns of a land or agriculture tools needed therefore,
in proportion to what shall be sufficient to his livelihood and to those whom he
provides for.
5) The money donated or willed to be, themselves or their revenue, an alimony, or a
temporary or a life-time salary, and what the judiciary would decide of the amounts
set or arranged temporarily for the alimony or the disposition there from in a certain
purpose, and all that except with the amount of a quarter to settle the debt of an
established alimony.
6) The money donated or willed, provided it may not confiscated, and that if the
confiscator is one of the debtors of the grantee or the legatee whose debt had
originated before the donation or the will, except for a debt of an established alimony
and within one quarter.
7) What the debtor needs of books, tools and means to practice his profession or trade by
himself, unless the confiscation were for getting their price or their maintenance
expenses or an established alimony.
8) The movable which is considered a real estate by itemization, if the confiscation
thereon were independent from the real estate specified for its service, unless the
confiscation were for getting its price or its maintenance expenses.
9) The wages and salaries except with the amount of one quarter of the principal wage or
salary and when there is competition the priority shall be for the debt of alimony.
Article (248)
If the confiscation hasn’t been accomplished in one day it shall be possible to accomplish
it within one day or consequent successive days and the execution agent should undertake
what is necessary to preserve the confiscated items and the items needed to be
confiscated till the report has been accomplished, and the report should be signed
whenever the confiscation procedures stay.
However, if necessary, the execution agent shall continue the confiscation procedures
beyond the appointed times stipulated in Article (6) or during the official holidays, and he
may accomplish them without need to get a permission from the execution judge.
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Article (249)
It shall be possible, in any of the procedures circumstances, before the settlement of the
auction, to deposit a sum of money in the court’s case equal to the debts confiscated there
for and the expenditures.
Such deposit shall result in the extinguishment of the confiscation on the properties
confiscated and its transmission to the deposited sum.
Article (250)
The confiscated may request from the execution judge, in any of the procedures
circumstances, the estimation of a sum of money or what shall be equivalent thereto to
deposit in the court’s case as a guarantee of settlement to confiscator.
That deposit shall result in the extinguishment of the confiscation on the confiscated
properties and its transmission to what has been deposited.
Article (251)
* As amended by Federal Law No. (30) dated 30/11/2005:
The confiscation shall be inflicted within the debt claimed. If the value of the right
confiscated there for were not proportional to the value of the confiscated properties the
debtor may request the execution judge to to limit the confiscation to some of those
properties.

Chapter II. Sequestration
Article (252)
* As amended by Federal Law No. (10) of 2014 dated 20/11/2014:
Without prejudice to any provisions of any other law, the creditor may request from the
court which examines the action or from the judge of summary matters, according to the
circumstances, to impose provisional attachment on the real properties and the movables
of his adversary in the following circumstances:
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1) Each case in which he would be afraid to lose the security of his right, as the
following cases:
a) If the debtor is not a settled resident of the State;
b) If the creditor was afraid that the debtor escapes, smuggles his money or hide it;
c) If the securities of the debt were at risk of being lost.
2) To the lessor against the original lessee and the sub-lessee on the movables, fruits and
yields existing in the leased premises, as a guarantee for the lien to which he is
entitled according to the law, and that shall also be allowed to him, if the movables,
fruits and yields were transferred without his knowledge, unless thirty days have
lapsed since their transmission, or assets sufficient to secure the lien prescribed for
him have remained in the leased premises.
3) If the creditor was bearer of an official document or ordinary debenture for an
unconditionally payable debt.
4) In all circumstances, the court may, before responding to the attachment request,
require any information or affidavits when it finds that necessary.
Article (253)
* As amended by Federal Law No. (10) of 2014 dated 20/11/2014:
The owner of a movable property and whoever has a real right related to it or a right to
withhold same may request the imposition of provisional attachment on such property
with the party holding it, by virtue of a memorandum containing sufficient details on the
property to be subject to attachment.
Article (254)
* As amended by Federal Law No. (10) of 2014 dated 20/11/2014:
1. Should the debtor not have any writ of execution or should the value of his debt not
be specified, the magistrate of summary justice may order the imposition of
sequestration and temporarily estimate the sequestrator’s debt based on a wellgrounded
petition submitted by the sequestration applicant. Before issuing the order,
the judge may carry out a summary investigation should he deem that the documents
supporting the application are insufficient.
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In case of sequestration of a real estate, a certified copy of the real estate’s title deed
shall be submitted with the petition.
2. The magistrate of summary justice shall order sequestration if the debtor has obtained
a judgment even if it was inapplicable, should the value of debt be specified.
3. If the lawsuit was previously filed before the competent court, the sequestration order
mentioned in the first paragraph may be requested from the court that is hearing the
case.
Article (255)
* As amended by Federal Law No. (30) dated 30/11/2005:
1. The rules and procedures stipulated in section four of this chapter shall be followed in
the precautionary confiscation on the movables, except what is concerning the
appointment of the sale day, unless if the movables were subject to damage, then the
stipulation of the second clause of Article (280) shall be taken into consideration.
The rules and procedures stipulated in chapter six of this book shall be followed in the
precautionary confiscation on the real estate, except what is concerning the
submission of the executive document and the procedures of the sale by auction.
2. The confiscator – within eight days, at most, from the date of inflicting the
confiscation – should prosecute before the authorized court the action with the
confirmation of the right and the validity of the confiscation, and that in the
circumstances in which the confiscation has been undertaken by the order of the judge
of the summary matters otherwise the confiscation shall be null and void.
3. If the action for the right was previously prosecuted the action for the validity of the
confiscation shall be submitted to the same court so that it can examine both of them.
4. If a decision with the validity of the confiscation has been delivered and it was due of
execution or has become so, the procedures set for the sale shall be followed as in
chapters four and six of this book, according to the circumstances, or the execution
shall be proceeded through the delivery of the movable in the case mentioned in
Article (253).
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Article (256)
1. If the lesser of the real estate has inflicted the confiscation on the movables of the
sublessee according to the second clause of Article (252), the procedures should be
directed to both the principal lessee and the sublessee.
2. The notification to the sublesse shall also be considered as a confiscation under his
hand on the rent.
3. If the principal lessee were not prohibited from the sublease the sublessee may request
the release of the confiscation off his movables while the confiscation remains under
his hand on the rent.

Chapter III. The Garnishment of the Debtor’s Property in the Hands of Third
Parties
Article (257)
1. Each creditor may request from the authorized court or from the judge of the
summary matters the confiscation on what his debtor has with the others of movables
or debts even if they were delayed or suspended under a condition.
2. If the confiscation were not inflicted on a movable or on a debt in itself, it shall
include all that the confiscated has of movables in the garnishee’s hand and the debts
in his patrimony till the time of reporting what is in the patrimony.
3. The confiscation on what the debtor has with the others shall be inflicted on the
debtor’s movables which have been under the control of his legal representative.
Article (258)
If the creditor had not in his possession an executive document or his debt was of an
indefinite value, the court of the summary matters may order the confiscation and the
confiscator’s debt shall be estimated temporarily and that shall be on the basis of a
petition submitted by the confiscation requester, and the judge of the summary matters
should order the confiscation if there were in the creditor’s hand a decision, even it were
not due of execution, whenever the debt stipulated therein is of a definite amount.
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Article (259)
* As amended by Federal Law No. (10) of 2014 dated 20/11/2014:
The provisional attachment shall be imposed, with no need to a prior notification to the
debtor, by virtue of an order issued by the judge. The order shall be notified to the
garnishee with the knowledge of the enforcement officer, and it shall include the
following information:
a) A statement of the principal sum for which the attachment has been imposed in
addition to the expenditures.
b) A clear specification of the sequestrated thing if the attachment covers a certain
property and the garnishee fails to pay or deliver the property owed.
c) The number of the lawsuit or the attachment application, the sequestrator’s name,
domicile and workplace in the State. Should he have no domicile or workplace in the
State, he shall elect a domicile at the district of the court wherein execution is taking
place.
d) The order imposing upon the garnishee to determine the property owed and a
statement from the court that imposed attachment, within 14 days from the date on
which the attachment notice is served.
Article (260)
* As amended by Federal Law No. (10) of 2014 dated 20/11/2014:
Should the order not include the information mentioned in Clauses (a) and (b) of Article
(259) the sequestration shall be deemed null, and every concerned party shall adhere to
such nullity.
Article (261)
* As amended by Federal Law No. (30) dated 30/11/2005:
1. The confiscation should be notified to the confiscate after being notified to the
garnishee, and the notification shall be accomplished through a declaration including
the confiscation occurrence, its date, and the statement of the judge’s order according
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to which the confiscation is to be occurred, the sum of money for which the
confiscation is to be occurred, the confiscated money, the confiscator’s name, his
residence, his workplace in the state, and if he had not a residence or a workplace in
the state he should determine an elected domicile for him in the area of the court in
which the execution shall be proceeded.
2. The confiscator should, within the eight days following the confiscation notification
to the garnishee, prosecute against the confiscate before the authorized court the
action of the stipulation of the right and the validity of the confiscation, and that shall
be in the circumstances in which the confiscation has been issued by the order of the
judge of the summary matters otherwise the confiscation would be as it were not
exiting, and the court shall not decide that automatically, and if the action for the right
were prosecuted previously the action of the validity of the confiscation shall be
submitted to the court in order that it can examine both of them together.
Article (262)
1. The payment from the garnishee shall be by lodging what he has in his patrimony into
the court’s case, and if the object of confiscation were movables which are impossible
to lodge in that case, it shall be possible to deliver them to a judicial receiver whom
the authority ordering the confiscation would assign according to a request submitted
thereto from the garnishee or the confiscate.
2. The lodging should be attached to a statement signed by the garnishee with the
confiscations which were conflicted under his hands, their notification dates, the
names of the confiscators and the confiscate and their capacity, their addresses, the
documents according to which the confiscations have been inflicted and the sum of
money for which the confiscation have been inflicted.
3. The authority ordering the confiscation should immediately inform the confiscator
and the confiscate with the lodging occurrence or the placement of the movables in a
judicial receiver’s hand.
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4. The lodging or the placement of the movables under the receivership shall dispense of
(be a substitute for) reporting what in the patrimony if the sum of money or the
movable were sufficient for the payment of (for) the confiscator’s debt.
5. If a new confiscation has been inflicted on the sum lodged or the movables placed
under the receivership so that any of them has become insufficient it shall be possible
to any of the confiscators to assign the garnishee to report what he has in his
patrimony within seven days from the day of his assignment therewith.
Article (263)
1. If the lodging has not occurred according to the preceding Article or theِ Articles
(249) and (250), the garnishee should report what he has in his patrimony to the
authority ordering the confiscation within seven days from his notification with the
confiscation, and he shall mention in the report the debt’s amount, its reason and the
reasons of its termination, if there were any, and if there were under the garnishee’s
hand movables he should attach to the report a detailed list thereabout.
2. If the confiscation were under the hand of the government, or one of the public
foundations, one of the public associations or one of the banks, the report with what is
in the patrimony shall be submitted through a letter sent, with the report’s information,
by the authority at which the receivership takes place to the authority ordering the
confiscation in the date mentioned above.
3. The garnishee shall not be exempted from the commitment of reporting what is in the
patrimony if he were not indebted to the confiscate, by then it shall be possible to
accomplish the report with a statement submitted by the authority which has ordered
the confiscation. Moreover, the proficiency shall not exempt him from the
commitment of reporting what is in the patrimony.
Article (264)
If the garnishee has died or has lost his capacity or his competence or the competence of
that who represents him has extinguished, the confiscator may notify the heirs of the
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garnishee, or whoever in his place, with a copy of the confiscation paper and he shall
assign them to report what is in the patrimony within seven days from such assignment.
Article (265)
The action of the litigation in the report of the garnishee shall be prosecuted before the
authority which has ordered the confiscation.
Article (266)
1. If the garnishee hasn’t stated what he had in his patrimony in the manner legally set or
has submitted an insufficient report or has stated other than the truth, or concealed
papers he should have deposited in order to confirm the report, it shall be possible to
inflict on him, to the advantage of the creditor who has obtained an executive
document of his debt, the sum for which the confiscation had occurred and that shall
be through an action prosecuted with the usual procedures.
2. The execution of the decision delivered against the garnishee shall be considered a
payment to the confiscator’s right on the part of the confiscate, and that shall be
without prejudice to the garnishee’s claim to the confiscate with what he has paid to
the confiscator.
3. The decision shall not be delivered if the garnishee has redressed the reason for which
the action had been prosecuted until the closure of the defense therein even before the
appellate court.
4. The garnishee should be, in all circumstances, committed to pay the action
expenditures and the indemnities resulting from his failure or his delay.
Article (267)
Should the right of the confiscator be proven by virtue of an executive deed, he shall be
entitled, 10 days subsequent to the date of the report, to request from the execution judge
the issuance of an order against the garnishee to pay to the confiscator the sum
acknowledged thereby or the sum paid therefrom to the confiscator, provided that
procedures set in Article (243) are observed.
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Article (268)
If the payment hasn’t occurred according to the preceding Article nor the lodging
according to the articles (249), (250) and (262) the confiscator may levy execution on the
properties money of the confiscate on the basis of an executive document attached to an
official copy of the garnishee’s report, taking into consideration what is stipulated in
Article (239).
Article (269)
If the confiscation were on movables sold through the procedures set for selling the
confiscated movable which the debtor had, and if the confiscated were not a debt due of
payment it shall be sold through the procedures stipulated in Article (291).
Article (270)
1. The creditor may confiscate, under his own authority, what he was indebted to his
debtor and that shall be by an order, from the authorized judge, which shall be
notified to the debtor including the information that should be mentioned in the paper
of the confiscation delivery.
2. If there were not, in the confiscator’s hand, an executive document or a decision, he
should, within the eight days following the notification to the debtor with the
confiscation, prosecute before the authorized court the action of the confirmation of
right and the validity of the confiscation otherwise the confiscation shall be
considered null and void.

Chapter IV. The Confiscation of the Movable With the Debtor
Article (271)
* As amended by Federal Law No. (30) dated 30/11/2005:
1. Taking into consideration what is stipulated in Article (241) of this law, the
confiscation shall be proceeded on the basis of a report written at the confiscation
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place, and it should include, beside the information that should be mentioned in the
notification papers, the following:
a) Mentioning the executive document.
b) Mentioning the confiscator’s residence or his workplace in the state, but if he had
not a residence or a workplace in the state he should designate an elected domicile
for him in the area of the court in which the execution shall be proceeded.
c) The confiscation place, the procedures which the execution agent has undertaken,
the obstacles and objections he has faced during the confiscation and what he has
undertaken about them.
d) The items confiscated in details mentioning its type, description, amount, weight
or dimensions and a list of their approximate value.
2. The execution agent and the debtor, if he were present, should sign the confiscation
report, and in case of his abstention to sign the execution agent shall record that in the
confiscation report, and just the debtor’s signature shall not be considered an approval
from him on the decision.
3. The confiscation shall not require moving the confiscated items from its places except
by the order of the execution judge.
4. The items shall become confiscated just by mentioning them in the confiscation report
even if a judicial receiver were not appointed for them.
5. If the confiscation has occurred in the presence of the debtor or in his residence or in
his workplace a copy of the report shall be delivered to him or to whoever receives it
instead of him, and that as stipulated in Article (8), but if the confiscation has
occurred in his absence or in other than his residence or his workplace he should be
notified with the report, personally or in his residence or his workplace, and that
within, at most, the seven days following the confiscation.
Article (272)
1. If the confiscation were on trinkets, on molds of gold, silver or of other precious
metal, on jewels or precious stones they should be weighed and described thoroughly
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in the confiscation report, and such items shall be evaluated by an expert appointed by
the execution judge according to the request of the execution requester.
2. It shall be possible, in the same way, to valuate the other artistic and precious items
according to the request of the confiscator or the confiscate, and in all circumstances,
the expert’s report shall be attached to the confiscation report.
3. If there is need to move them in order to be weighed or evaluated they should be
placed in a sealed shelter mentioning that in the report with the description of the
seals and they shall be placed in the court’s case.
4. If the confiscation has been inflicted on money or money bills the execution agent
should mention its description and amount in the report and deposit it in the court’s
case.
Article (273)
1. The execution agent shall assign a judicial receiver for the confiscated items, and he
shall choose a capable person as a receiver if the confiscator or the confiscate hasn’t
come, and the confiscate should be assigned, if he himself has requested that, except
if there were fear from the wastefulness and there were good reasons thereof to be
mentioned in the report, in such case, the opinion of the confiscate shall be taken
about those reasons and they shall be exposed immediately to the execution judge to
undertake his decision therein.
2. If the execution agent hasn’t found in the confiscation place someone to accept the
receivership and the debtor was present, the receiver shall assign him for the
receivership and his refusal thereof shall not be considered, however, if the debtor
were not present the receiver should take all the possible precautions to preserve the
confiscated items and bring that matter immediately before the execution judge in
order that he would give orders to either move or lodge them with a faithful who
accepts the receivership and whom the confiscator or the execution agent choose or to
assign temporarily the police for the receivership.
Article (274)
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1. If the receiver were present during the confiscation the confiscated items shall be
delivered to him in its confiscation place after putting his signature on the
confiscation report and delivering him a copy thereof, and if he were absent or has
been assigned after that the confiscated items should be inventoried and delivered to
him after signing on the inventory report and delivering a copy thereof.
2. If the receiver abstained from signing on the confiscation or the inventory report or
refused to receive his copy the execution agent should substitute him with another
receiver otherwise he should expose the matter to the execution judge immediately in
order that he can decide what he would think appropriate.
Article (275)
The receiver who is not a debtor or the receiver who is a possessor shall deserve a wage
for his receivership and such wage shall have the privilege of the judicial expenditures on
the movables confiscated.
The receiver’s wage shall be estimated by an order issued by the execution judge.
Article (276)
1. The receiver shall not be allowed to use the confiscated items, nor exploit, lend, nor
expose them to damage otherwise he shall be deprived from the receivership.
2. If the confiscation were on livestock, bids, tools, or equipment needed for the
operation or the exploitation of a land, factory, workshop, foundation or what is
similar the execution judge may, on the basis of a petition submitted to him by one of
the concerned parties, order the receiver with the operation or the exploitation if he
were competent for that or substitute him with another receiver to do that.
Article (277)
1. It is not allowed that the receiver would request his exemption from the receivership
before the day appointed for the sale except because of reasons necessitating that, and
his exemption shall be in effect by an order on a petition issued by the execution
judge.
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2. The execution agent shall inventory the confiscated items when the new receiver
assume his task and he shall write a report thereof signed by that receiver and shall
receive a copy thereof.
Article (278)
1. If the execution agent went to confiscate movables which were previously confiscated
with the debtor the receiver should show him the copy of the confiscation report and
submit the confiscated items and the execution agent should inventory them in a
report and confiscate what hasn’t been confiscated before and should assign the
receiver of the first confiscation a receiver on them, if there were at the same place.
2. Such report shall be notified, within three days at most, to the first confiscator, the
debtor and the receiver if he were not present, and it shall also be notified to the
authority which has ordered the first confiscation.
3. Such notification shall result in the continuation of the confiscation for the benefit of
the second confiscator even if the first confiscator has sequestered it, and it shall be
considered a confiscation under the control of the execution agent on the sums of
money collected from the sale.
4. If the first confiscation on the movables were void, that shall not influence the
confiscations following it if they were valid in themselves.
Article (279)
1. After accomplishing the confiscation the sale day, its hour and its place shall be
appointed with the acknowledgment of the execution judge taking into consideration
the terms of Article (280).
2. The execution agent should, right after that, affix on the door of the place in which the
confiscated items existed, and also with the signs prepared for that by the court, an
announcement showing the sale day, hour and place, the type of the confiscated items
and its overall description, and the occurrence of that shall be mentioned in the report
attached to the confiscation report.
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3. The execution judge may give orders to announce that in one of the daily news paper
issued in the state in Arabic or through other media channels.
He may also, according to the request of the confiscator or the confiscate, permit to
exceed the means of announcement and publication at the expense of the requester,
and he may also give orders with that, on his own, deducting it from the sale revenue.
4. The affixing shall be proved by mentioning it in a special record prepared for that by
the court, and the publication shall be proved by submitting a copy of the news paper
or a certificate from the announcement authority.
Article (280)
1. The sale shall be proceeded in the place in which the confiscated items exist or in the
place specified with the acknowledgment of the execution judge for selling the
confiscated items, unless the interest would necessitate otherwise. Its procedure shall
be after eight days, at least, form the date of delivering the copy of the confiscation
report to the debtor or the date of notifying him therewith, and after three days at least
from the date of accomplishing the posting or the publication procedures, and
whoever wants to examine the confiscated items within the mentioned period shall be
allowed to.
2. However, if the confiscated items were subject to damage or they were goods subject
to price fluctuation, the execution judge may give orders to proceed the sale in the
place he would decide, and from one hour to another according to the circumstances,
and that on the basis of a request submitted to him from the receiver or one of the
concerned parties or the execution agent.
Article (281)
If the sale hasn’t occurred on the day appointed in the confiscation report it shall be
appointed on another day with which the receiver and the concerned party shall be
notified, and the posting and the publication shall be redone as mentioned in the
preceding articles.
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Article (282)
1. The sale shall be proceeded by the public auction under the supervision of the
execution judge with the execution agent’s calling, on the condition that the price shall
be immediately paid, the execution agent should not start to sell except after the
inventory of the confiscated items and recording its condition in the sale report, and
he shall record in all the sale procedures what he has found as objections and
obstacles and what he has undertaken therein, he should also record the presence of
each of the confiscator and confiscate or their absence and the signature of each if he
was present or his abstention to sign.
2. The execution agent should list in the report the names of the bidders, the residence of
each and his workplace, the prices offered from them and their signature.
The report shall particularly include the statement of the price which the auction has
come eventually to and the name of the successful, his residence, workplace and
signature.
3. For announcing the continuation of the sale or its postponement it shall be sufficient
that the execution agent mentions that in public and record it in the sale report.
Article (283)
If no one has come to purchase the trinkets, the golden or silver molds, the jewels, the
gems or the precious stones and the items estimated with their values according to the
experts’ valuation, and the creditor hasn’t accepted the settlement of his debt in rem with
that value, its sale date shall be extended to the following day, if it were not a holiday, or
to the first working day after the holiday, and if no purchaser has offered the value
estimated the sale shall be postponed to another day and the posting and publication shall
be redone as mentioned in the preceding articles, by then the execution agent shall expose
the matter before the authorized judge to order that the auction lands with the price which
he finds appropriate even if on another date.
Article (284)
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If the successful in the auction the price immediately, the sale should be redone on his
responsibility in the way mentioned, at any price and he shall be committed with what
has been reduced from the price and the execution report shall be an executive document
of the price different concerning him.
Moreover, he shall not have the right in the increase of the price, rather the debtor and his
creditors shall deserve it, and the execution agent shall be committed with the price if he
hasn’t received it immediately from the purchaser and he hasn’t taken action to redo the
sale on his responsibility, and the execution report shall be an executive document
regarding him.
Article (285)
The execution agent shall stop the proceeding in the sale if a sufficient sum of money has
resulted out of it for the payment of the debts for which the confiscation was executed
and the expenditures, as for any confiscations inflicted after that under the control of the
execution agent or under the control of any of those who had the price in their possession,
they shall not treated except with what exceed the payment of the mentioned items.
Article (286)
The action for restoring the confiscated items shall be prosecuted before the authorized
court and the prosecution of such action shall result in the stay of the sale unless the court
has decided the execution continuation on the conditions it finds appropriate.
Article (287)
The action of the restoration should be prosecuted against the creditor, confiscator and
confiscate and intervening confiscators and its initiatory pleading should include an
adequate manifestation of the ownership proofs.
The prosecutor should deposit, when he submits the initiatory pleading, the documents he
may have.
Article (288)
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1. The confiscator has the right to proceed in the execution if the court has decided to
drop the action of restoration or if it has considered it null and void, or it has been
decided to consider it so.
He has also the right to proceed in the execution if the court has decided the action
rejection, its lack of jurisdiction, its disapproval, the nullity of its initiatory pleading,
the extinguishment of the dispute therein, or the approval to abandon it.
2. The confiscator shall proceed in the execution even if the terms mentioned in the
preceding clause were subject to the appeal.
Article (289)
1. If another action of restoration has been prosecuted by the restorer, and his first action
has been considered as not existing or the court has decided to consider it so, or
decided its rejection, its disapproval, the court’s lack or jurisdiction, the nullity of its
initiatory pleading, the extinguishment of the litigation therein, or the approval to
abandon it, the sale shall not be halted unless the authorized court has decided its stay.
This rule shall be applied if the action of restoration has been renewed after dropping
or halting it.
2. The same rule shall also be applied if a second action of restoration has been
prosecuted by another restorer, and the action shall be considered a second action
since it has been next in its prosecution date even after the extinguishment of the
effect halting the sale caused by the prosecution of the first action.

Chapter V. Seizure of Stocks, Bonds, Revenues and Shares
Article (290)
1. If the shares or bonds were to bearer or endorsable their confiscation shall be through
the proceedings set for the confiscation of the movable with the debtor or with the
others.
2. The confiscation of the arranged revenues, the nominal shares, the shares of profits
due in the patrimony of the legal personalities and the rights of the testators in the
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companies shall be through the proceedings set for the confiscation of what the debtor
has with the others.
Their confiscation shall result in the confiscation of their profits till the sale day.
Article (291)
The shares and bonds and the others which have been mentioned in the preceding Article
shall be sold by the public auction, according to the procedures stipulated in Article (279)
and what is beyond it, under the supervision of the execution judge.

Chapter VI. Seizure and Sale of Real Estate
Article (292)
1. The confiscator shall submit to the execution judge a confiscation request on the real
estate, attached with the executive document, and a copy of its notification to the
person on which the confiscation is required and with his commitment to pay
applying the stipulation of Article (239) and an official copy of the deed of the estate
required to be confiscated.
The request shall include the following information:
a) The requester’s name, his title, profession, residence, workplace, and his elected
domicile in the area of the court in which the execution shall be proceeded if he
hadn’t a residence or a workplace therein.
b) The name of the person required to be confiscated, his title, profession, residence
and workplace.
c) The description of the real estate required to be confiscated with a report of its
location, area, boundaries, or its number and region and any other information to
help designate it according to what is established in the official land registers
prepared for that.
2. The creditor may procedure with a petition an order from the execution judge with an
authorization to get in the real estate, to obtain the information needed for describing
it and designating its contents.
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And it shall not be allowed to complain about that.
Article (293)
1. If the execution judge has considered that the confiscation request on the real estate
has met its legal conditions he shall issue his decision with the confiscation and order
the execution agent to go, on the following day at most, to the authorized area to
register the real estate in order to endorse the decision officially in the land registers.
The registration shall include the appointment of its date and hour.
2. The registration of the confiscation decision shall result in the considering the real
estate confiscated.
3. The execution agent should obtain an official list authorized from the real estate
register, with the creditors who have the registered rights, the residence of each one of
them, his workplace.
Article (294)
1. The execution agent shall undertake, within seven days from the confiscation, the
notification of the debtor, the tenant, the real estate bondsman with a copy of the
confiscation request, after endorsing it officially with what proves its registration.
2. He shall also proceed, within the same date, to notify with that report the creditors
who have the registered rights mentioned in the preceding article, and those creditors
shall be, as soon as they have been notified, parties as confiscators in the procedures,
and the notification, when any of them has deceased, shall be addressed to his heirs
altogether in the residence designated in the register if a period of six months at most
hasn’t passed since the decease.
Article (295)
1. The execution judge, before undertaking the real state sale through the auction, should
notify the debtor to pay the debt within a month from the notification date otherwise
the real estate would be sold by auction, and the debtor may request within such date
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the postponement of the sale and the execution judge may respond to the request in
the two following cases:
a) If the real estate’s revenues within a period of three years were sufficient for
settling the debt, the profits, the duties and the expenditures, and the execution
judge may, in such case, assign the creditor, under his supervision, to collect the
real estate’s revenues till the full settlement, and if something incidental has
occurred to prevent the creditor from getting his rights on a regular basis the
execution judge should, on the basis of the creditor’s request, continue the
procedures of the real estate’s sale.
b) If the real estate’s revenues within a period of three years were not sufficient to
settle the debt, profits, fees and the expenditures and the debtor had other
revenues which were sufficient in addition to the real estate’s revenue to settle the
debt by installments within such period and the execution judge has realized that
selling the real estate would cause the debtor a big loss he may decide the
postponement of the sale with paying the debt in installments within a period not
exceeding the period mentioned and that with the guarantees which he considers
appropriate, and if the debtor has failed to pay one of those installments, the
execution judge, on the basis of the creditor’s request, should continue the
procedures of the real estate’s sale.
2. If the notification time-limit stipulated in the preceding clause has elapsed and the
debtor hasn’t paid or hasn’t submitted a request to postpone the sale or has refused
such request the execution judge should appoint the sale location, day, and period in
which the auction shall be proceeded.
3. The execution judge shall assign, before the announcement of) the sale, an expert or
more to estimate the real estate’s price within an extra period of time not exceeding
thirty days from the date on which the judge assigned him for the task.
4. The case management office should notify each of the debtor, the owner and the legal
bondsman with the sale location, day, the period in which the auction shall be
proceeded and also with the announcement of the sale before the day appointed to
proceed in it with a period not exceeding thirty days and that shall be through
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publication in two daily news papers issued in the state and one copy of the
announcement shall be posted in a noticeable place of the real estate and the other on
the court’s bulletin board.
Article (296)
1. The announcement of the sale shall include the following information:
a) The name of each of the confiscator, the debtor, the owner or the legal bondsman
and his title, profession, residence and workplace.
b) The statement of the real estate according to what has been stipulated in the
confiscation decision.
c) The sale conditions and the principal price which the expert has designated, the
expenditures and the insurance which the purchase requester has to pay in
advance, provided it should not be less than 20% of the principal price.
d) The declaration of the court before which the sale shall be proceeded, the
auction’s day and the period within which the auction shall be proceeded.
2. It shall be possible to the confiscator, the debtor, the owner, the legal bondsman and
each one who has interest to get a permission from the execution judge for the
publication of other sale announcements in the news papers and other media channels
because of the importance of the real estate or its nature or for any other cases, but
augmenting the publication shall by no means result in the delay of the sale, and it
shall not be possible to complain against the judge’s decision concerning this.
Article (297)
1. If the real estate set forth for sale were divisible and the part of such real estate –
according to the expert’s report – were sufficient to settle the debt, its profits, the fees
and the expenditures the execution judge should partition that part setting it forth in
the auction and exclude the other parts, and if it has become clear, as a result of the
auction, that the equivalent presented in this part of the real estate were not sufficient
for the settlement, the execution judge should set forth the rest of the real estate or any
other additional part thereof which shall be sufficient for the settlement.
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If the payability action has been prosecuted in a part of the real estate set forth for
auction and the court has decided to postpone the auction, then such decision would
not necessitate the auction postponement for the rest of parts unless the shares,
according to the experts’ estimation, were not divisible, by then the auction delay
should be for the rest of shares.
2. If there were many real estates needed to be sold by auction each real estate shall be
separately set forth for sale unless the execution judge – after taking the experts’
opinion – has found out that it shall be beneficiary to sell more than one real estate or
all the real estates in one auction.
Article (298)
It is not possible to sell the real estate except to a citizen, and that by taking into
consideration the rules related to the devolution of the real estate ownership.
Article (299)
1. The disposition of the debtor, tenant or the legal bondsman of the real estate shall not
be executed nor what would be consequent thereto of mortgages or prerogatives to the
right of the successful in the auction if the disposition, the mortgage, or the
prerogative has been registered after the registration of the confiscation decision.
2. The real estate shall be subjoined by its profits and revenues for the period following
the registration of the confiscation decision, and the revenue, the fruitage price and
the harvest shall be deposited in the court’s case, and if the real estate were not rented
the confiscate shall be considered a bondsman till the sale is accomplished and if the
real estate were rented the rent payable for the period following the registration of the
confiscation request shall be considered confiscated under the control of the tenant as
soon as he has been obliged by the confiscator, or any creditor bearing an executive
document, not to pay it to the debtor.
If the tenant has paid the rent before such obligation it shall be legal to pay him and to
ask the confiscate, being in the capacity of a bondsman, about it.
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Article (300)
1. If the real estate was surcharged with a real estate guarantee and was reverted to an
owner with a registered contract before the confiscation, then the owner should be
warned before the confiscation request to pay the debt or to evacuate the real estate
otherwise the execution shall be proceeded against him.
2. The warning shall include, beside the general information in the announcement
papers, and the obligation for payment or the evacuation, the following information:
a) The executive document.
b) The debtor’s notification and commitment to pay according to Article (239).
c) The statement of the real estate object of the execution according to what is
stipulated in the official records prepared for that.
3. The warning mentioned above shall also be addressed to the mortgagor in the
circumstances in which the execution is to be proceeded on a mortgaged real estate
without the debtor.
4. The warning notification to the right of the notified shall result in all the rules
stipulated in the preceding article.
Article (301)
* As amended by Federal Law No. (10) of 2014 dated 20/11/2014:
1. The concerned parties should present the invalidation grounds in the notice mentioned
in Articles (294) and (295) by a request submitted to the execution judge three days at
least before the session set for the sale otherwise the right to present them lapses.
2. The execution judge shall decide upon the aforementioned invalidation grounds on
the day specified for the sale. The decision issued by said judge may not be contested
by any method. If the notice serving procedures are decided to be invalid the sale shall
be postponed to a day specified by the judge, and the procedures shall be repeated.
3. If the invalidation request is decided to be rejected, auction shall be decided to be
carried out immediately.
4. The creditor, the possessor, the surety and the debtors referred to in Article (293) shall
present the other invalidation grounds related to the procedures preceding the sale
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session, as well as the grounds of objection against the sale conditions, 10 days at
least before the date of said session, otherwise the right to present same lapses. Said
grounds shall be presented by virtue of an application submitted to the competent
execution judge. The latter shall rule, based on the aforementioned application, either
the suspension or the continuation of sale, depending on the extent of seriousness of
such grounds. If the judge rules the continuation of sale, auction shall take place
immediately.
Article (302)
The creditor should, before the beginning of the auction procedures, deposit a sum of
money which the execution judge estimates for covering the charges and the expenditures
of the real estate sale including the equivalent of the legal profession fees. That sum shall
be deduced from the real estate price and repaid to the creditor.
Article (303)
1. The execution judge shall undertake, on the day appointed for the sale, the auction
procedure, and it shall not be possible to proceed it except after issuing the decision
according to which the final execution shall occur.
2. If one purchaser, or more, has come to the first sale session the execution judge shall
approve, at the end of the period appointed for the auction, the highest offer (bid),
provided that it shall not be less than the principal price which the expert has
designated with the expenditures, and if the bid were less than that or no purchaser
has come to that session the execution judge shall decide the postponement of the sale
to the following day in the same place and in the date appointed for the auction, and if
no purchaser has come to the second session with the principal at the session with the
principal price the judge shall postpone the auction to the following day reducing the
principal price with 5% each time. If the total of the deduction from the price has
reached 25% the sale should be postponed for a period of subsequent three months
redoing the announcement procedures, and in such case, the real estate shall be sold
with the highest offer whatever its value was.
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Article (304)
* As amended by Federal Law No. (10) of 2014 dated 20/11/2014:
1. The party whose bid is accepted by the execution judge shall deposit, within ten days
following the sale session, the full price accepted and the expenditures. In case the
price is paid by said party, the judge shall rule awarding the auction to him.
2. Should the successful bidder fail to pay the price in full, the execution judge shall
offer the real estate to the following bidder at the price proposed thereby. Should he
accept, the judge shall accept his bid and he shall deposit the price within the period
specified in Paragraph 1. However, should the following bidder reject the offer, the
execution judge shall repeat the auction within 15 days and with the same procedures,
then the judge shall rule awarding the auction to the highest bidder.
3. Every person who is not prohibited from bidding may increase the price, within 10
days following the date on which the auction was awarded, provided that such
increase is equal to one tenth of the price at least. In such case, the bidder shall
deposit the full price offered along with the expenses at the court treasury. In such
case the auction shall be repeated within 7 days. Should no higher bid be offered, the
judge shall rule awarding the auction to said person.
4. The bidder who fails to pay the amount owed shall be bound to pay the lacking
amount of the real estate price. The auction awarding ruling shall include imposing
upon the party who fails to pay amount owed to pay the price difference if any. He
may not be entitled to any price increase but it shall be rather received by the debtor,
possessor or surety as the case may be.
5. In all cases, the provision of a guarantee from an accredited bank in the State or the
provision of a payable cheque shall have the same effect of deposition. In case the
depositor is a debtor and the value and degree of his debt justify his exemption from
deposition, the judge shall exempt him from depositing a part or all of the amount,
including the price and the expenditures, imposed by the law.
6. It may not be stipulated otherwise in the sale conditions in any case whatsoever.
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7. If, for a reason not involving the purchaser, it was impossible to complete the
procedure of sale and registration, at the auction value, within 30 days from the date
on which the auction is awarded, the purchaser may request termination of the auction
and recovery of the cash amount paid. When such request is accepted, the execution
judge shall repeat the auction.
8. At any time prior to the completion of the procedure of transfer of ownership and
registration of the real estate for the purchaser as a result of the auction, the debtor
may pay the debt, interests, fees and expenses or sell the real estate with the approval
of the execution judge and under his supervision at a higher price and with an increase
equal to no less than 10% of the price at which the auction was awarded.
Article (305)
If the auction has been late for a legal reasons or for the creditor’s failure to pursue it then
the auction should be redone for a period of fifteen days, but if it has been abandoned for
a period of six months or more, then the auction should be redone again and the
preceding delays shall be cancelled.
Article (306)
1. The decision of the auction landing shall be delivered with the preamble of the rules
of the law, and it shall include a copy of the request of the confiscation on the real
estate, a statement of the procedures followed in its concern, and in the sale
announcement, and a copy of the minutes of the sale session, and its statement shall
include the order to the debtor, tenant, legal bondsman to deliver the real estate to
whom the auction landing has been decided.
The decision’s original copy should be deposited in the case’s file, on the day
following its delivery.
2. This decision shall not be declared, and its execution shall be proceeded obligatorily
by committing the debtor, the tenant, the legal guarantor or the bondsman, according
to the circumstances, to be present at the delivery location on the day and at the hour
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appointed for its proceeding, provided that the announcement thereof shall occur two
days, at least, before the day appointed for the delivery.
3. If there were in the real estate movables to which a right had been suspended to other
than the confiscate, the execution claimer should request with a petition from the
execution judge, the undertaking of the procedures needed for preserving the rights of
the concerned parties. He may also hear the concerned parties, whenever there’s a
need, before delivering his order.
Article (307)
1. It shall not be possible to appeal against the decision of the person proceeding the
auction landing, unless there were a defect in the auction procedures, in the decision
form, or for its delivery without halting the procedures when their stay is a legal
obligation.
2. The appeal shall be prosecuted through the usual proceedings within seven days from
the date of pronouncing the decision.
Article (308)
1. The execution judge, on the basis of the concerned parties’ request, should ask the
administration responsible of the real estates registration to register the decision of the
auctioneer (the successful in the auction), after the one who was decided as successful
in the auction has deposited the full price, unless he was exempted from the deposit,
and the rules set in the real estate registration shall be applied on the decision
registration.
2. This registration shall result in the refinement of the sold real estate from the
prerogative rights, the insurance and ownership guarantees which their possessors
have been declared according to Article (293) and it shall be remaining only their
right in the price.
Article (309)
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1. The other parties may request the nullity of the execution procedures with the request
of the payability of all or part of the confiscated real estate and that shall be by an
action prosecuted through the usual procedures before the authorized court at which
the confiscator creditor and the creditors referred to in Article (293), the debtor and
the tenant or the legal bondsman shall litigate in such action. The court shall decide at
the first session the stay of the sale procedures if the action’s initiatory pleading has
included an accurate statement of the ownership evidences or the merits of the
tenancy on which the action has been based and to which the documents supporting it
has been attached.
2. If the day appointed for the sale has come before the court’s decision to stay the sale
the action prosecutor may request the execution judge for the stay of the sale on the
condition that an official copy of the initiatory pleading of the notified action is to be
deposited in the execution file.
3. It shall be by no means possible to appeal against the decisions delivered according to
the two preceding clauses concerning the stay of the sale or the continuation therein.
Article (310)
1. If the payability action hasn’t dealt but with a part of the confiscated real estates, the
sale of the remaining parts shall not be halted.
2. However, the execution judge may order, on the basis of the concerned parties’
request, the stay of the sale regarding all the real estates if there were urging reasons
necessitating that.
Article (311)
If the sale has been considered payable the one with whom the auction has landed may
claim the price, indemnities from the creditors and the debtors if they had aspects, and it
is not possible that the sale conditions would include the exemption from refunding the
price.
Article (312)
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Neither the debtor nor the judiciary members nor the public prosecution nor the execution
agents nor the clerks of the court and the public prosecution nor the lawyers who are
attorneys of those who undertake the procedures for the debtor may come to the auction
by themselves or by employing others, otherwise the sale shall be null.

Chapter VII. Some Special Sales
Article (313)
1. Selling the real estate of the bankrupt, the incapacitated person’s real estate of which
the sale has been permitted and the real estate of the absentee, by auction shall be
proceeded on the basis of the sale conditions which the debtors’ attorney or the
attorney of the incapacitated or the absentee present to the execution judge after he
has approved them.
2. The sale conditions should include the permission issued for the sale from the
authorized court.
3. The case management office of the court should notify the public prosecution with the
sale conditions, before presenting them to the execution judge.
Article (314)
1. If the court has decided the sale of the owned real estate in common for the
impossibility of the division without harm, the execution judge shall proceed in its
sale by auction, according to one of the partners’ request.
2. The sale conditions should include a list of all the partners, the residence of each, and
it should be attached thereto a copy of the decision delivered for proceeding the sale.
Article (315)
The rules related to the procedures of the real estate sale, according to the creditors’
request, and stipulated in this law shall be applied on the sales mentioned in the two
Articles (313), (314).

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Title Three. Allocation of the Execution Proceeds
Article (316)
As soon as the confiscation on the money with the debtor, or the sale of the confiscated
money has been accomplished, or ten days have passed form the date of reporting what is
in the patrimony concerning) the confiscation of what the debtor had with the others, the
execution revenue shall be distributed on the confiscating creditors and on those who are
considered parties in the procedures without any other procedure, even if the revenue is
not sufficient to settle their entire rights.
Article (317)
1. If the execution revenue has been sufficient to settle all the confiscating debtors’
rights, and all the rights of those who were considered parties in the procedures, the
execution judge should order that each of the creditors’ debts shall be settled after
submitting the executive document.
2. If there were no executive document in the possession of anyone of them, and the
action for the right and the validity of the confiscation were still under the
examination, a sum corresponding to the debt for which the confiscation has been
decided shall be assigned for that creditor, and it shall be kept in the court’s case for
his account as a security for the final decision in the action.
Article (318)
1. If the execution revenue were not sufficient for settling all the confiscating creditors’
rights and for settling the rights of all those who have been considered parties in the
procedures, the party who shall have such revenue should immediately deposit in the
court’s case such revenue supplemented with a list of the confiscations inflicted under
his control.
2. The distribution shall be among the debtors (creditors) of the excellent debts and the
owners of the bound rights, according to the hierarchy of their degrees stipulated in
the law.
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Article (319)
1. The distribution procedures shall start with the execution judge’s preparation, on the
basis of one of the concerned parties’ request, of the temporary distribution list to
deposit in the case management office of the court, and he, as soon as he has
deposited the list, should notify the debtor, the tenant and the confiscators, and who
have been considered parties in the procedures in order to appeared before the
execution judge at a session he appointed to reach an amicable adjustment.
2. If the concerned parties have attended and have reached an agreement on the
distribution through an amicable adjustment, the execution judge shall document their
agreement in a report signed by the authorized employee and the attendants, and such
report shall have the power of the executive document.
3. When the adjustment has been accomplished in the way mentioned in the preceding
clause, the execution judge shall prepare within the five following days a final
distribution list with what each creditor is entitled to from the principal and the
expenditures.
Article (320)
1. The execution judge shall deposit in the case management office of the court, the final
distribution list with what each creditor is entitled to from the principal and the
expenditures.
2. In all cases, the execution judge shall order the delivery of the expenditure orders to
the court’s case, and the removal of the bonds whether related to debts included in the
list or with debts which the distribution hasn’t taken into account.

Title Four. The Execution in Kind
Article (321)
1. The execution agent, in the case of the execution by delivering a real estate, should go
the place where the item is located in order to deliver it to the requester, and he should
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list in his report the items due of delivery and the executive document, and the date of
its announcement. If the delivery is to be undertaken on an occupied real estate with
an occasional occupant, the execution agent shall advise him to recognize the new
occupant after the accomplishing real estate delivery proceeding.
2. If the confiscated required to be delivered were confiscated, it shall not be possible to
the execution agent to deliver them to the requester, and the execution agent should
notify the confiscating creditor.
3. The execution judge shall deliver the orders needed for securing the rights of the
concerned parties, on the basis of the request of the beneficiary or the execution agent.
Article (322)
1. The execution agent shall notify the person obligated to evacuate the real estate with
the day and hour at which he should proceed the execution of the evacuation, and that
shall be three days, at least, before the appointed day and when the appointed time
comes, he shall enable the requester to take possession of the real estate, and if there
were in the mentioned real estate movables that should not be delivered to the
evacuation requester and their owners hasn’t transport them immediately, the
execution agent should entrust their receivership, at the same place, to the requester,
or move them to another place if the requester hasn’t accepted the receivership, and if
such movables were under confiscation or receivership the execution agent should
inform the creditor according to whose request the confiscation or receivership has
been occurred, and the execution agent should, in both cases, bring the matter before
the execution judge in order to undertake what he shall consider necessary to protect
the rights of the concerned parties.
2. The execution agent shall write a report showing the executive document, its
announcement date, the description of the real estate object of the evacuation, the
movables which should not be delivered to the requester and the procedure taken in
this respect.
Article (323)
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1. The requester of the obligatory execution committing a work or abstaining from a
work should submit a request to the execution judge in order that he may designate
the proceeding through which the execution should be accomplished, and the request
should be attached to the executive document and its announcement.
2. After notifying the other party in order to hear his statements, the execution judge
shall deliver his order for designating the proceeding in which the execution shall be
accomplished, and for assigning the execution agent who shall proceed in it and the
persons who shall be assigned to fulfill the work and the removal.

Title Five. Detention of the Debtor and Prohibition Thereof from Traveling and
Other Precautions
Chapter I. Detention of the Debtor
Article (324)
1. The execution judge may issue an order, according to the request of the party to
whom the decision has been delivered, with the detention of the debtor if he has
abstained from the execution of the final decision or an order with a final performance
in spite of proving his ability to pay if his solvency was entirely based on properties
that are not legal to confiscate or sell.
2. The debtor shall be considered solvent and the execution judge shall issue an order to
detain him if he abstains from the payment and that in the following circumstances:
a) If the debtor has smuggled his money or concealed them with the intention of
harming the creditor, and it has been impossible to the creditor because of such
execution on these properties.
b) If the debt was one or more of the installments decided on the debtor, or the
debtor was one of those who guaranteed the principal debtor for the payment
before the court or the execution judge, except if the debtor has proved the
occurrence of new facts, after setting the installments on him or after giving him
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the bail, which have influenced his solvency and made him incapable of paying
the installments or the bail’s value or any part thereof.
c) If the sum decided to be paid by the debtor was an established legal alimony.
3. The execution judge shall order the detention of the debtor in the cases mentioned in
the preceding clauses within a period not exceeding one month and it may be renewed
to extend to other periods, so if the debtor had a settled residence it shall not be
possible that the detention periods exceed six consecutive months and it shall be
possible to order the renewal of his detention after the elapse (expiry) of ninety days
from his release if he has remained abstaining from the execution in spite of his
solvency to pay, provided that the total sum of the detention periods shall not exceed
thirty six months however the number of the debts or the creditors was.
4. The execution judge should hear the debtor’s statements whenever he orders the
renewal of his detention or if the debtor has requested that.
5. The debtor shall be detained in the prison isolated from the arrested or the convicted
in penal cases and the prison administration shall dispose for him the available means
to communicate with the external world in order to be able to manage to settle the
debt or proceed an adjustment with the creditors.
6. The execution of the detention order shall not result in the extinction of the right for
which fulfillment the detention has been decided and it shall not prohibit the
obligatory execution for its fulfillment through the proceedings legally established.
Article (325)
* As amended by Federal Law No. (10) of 2014 dated 20/11/2014:
1. The Execution judge shall, before issuing the detention order, undertake a summary
investigation if he hasn’t been satisfied with the documents supporting the request.
2. The judge may give the debtor a period of 6 months at most to pay the debt or to pay
the amount, for which execution has been imposed, in appropriate installments with
guarantees or precautionary measures set by the judge should he fear the debtor’s
escapes from the State.
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3. A grievance against the order mentioned in Clauses 1 and 2 of the present Article
shall be filed according to the procedures prescribed for grievance against petition
orders.
Article (326)
* As amended by Federal Law No. (10) of 2014 dated 20/11/2014:
1. An order of detention of the debtor may not be issued in the following cases:
a) If he/she is aged less than 18 or more than 70.
b) If he/she has a child aged less than 15 and his spouse is deceased or imprisoned
for any reason whatsoever.
c) If he/she was a spouse of the creditor or one of his ascendants, unless the debt is a
prescribed alimony.
d) If he had submitted a sufficient bank guaranty or a solvent guarantor accepted by
the execution judge, to pay the debt in a timely manner or provided statements of
funds, belonging to him in the State, on which execution may be imposed and
which are sufficient to cover the debt.
e) Should it be proven, according to a certified medical statement, that the debtor
suffers from an incurable chronic disease with which the debtor cannot tolerate
imprisonment.
f) If the debt subject of execution is less than AED 10,000, unless it is a fine, a
prescribed alimony or a work remuneration.
2. The execution judge may postpone the issuance of the order of detention of the debtor
in the following cases:
a) Should the debtor be a pregnant woman.
b) Should it be proven, by a certified medical statement, that the debtor suffers from
a temporary disease with which he does not tolerate imprisonment until cured.
Article (327)
If the debtor were a special legal person, the order shall be issued for detaining that
whom the abstention from the execution has been referred to personally.
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Article (328)
The execution judge shall order the extinction of the order issued for detaining the debtor
in the following circumstances:
1) If the creditor has accepted, in writing, the extinction of the order.
2) If, for any reason whatsoever, the debtor’s commitment for which fulfillment this
order has been issued has expired.
3) If one of the conditions required for the detention order was lacking, or one of its
issue impediments has been actualized.

Chapter II. Prohibition of Debtor from Traveling
Article (329)
* As amended by Federal Law No. (30) dated 30/11/2005:
Even if the creditor has accepted the prosecution of a substantive action, if serious
reasons from which there would be risk of the debtor’s escape, and the debt were not less
than Ten Thousand Dirham, unless it were an established alimony, the creditor may
request from the authorized judge or the circuit manger to, according to the
circumstances, the issue of an order prohibiting the debtor from traveling in the two
following cases:
First: If the debt were known and unconditionally payable.
Second: If the debt were not of determinant amount the judge shall estimate its amount
with a temporary estimation, provided that the two following conditions should be
fulfilled:
1) The claim for the right is to be based on written evidence.
2) The creditor should submit a bail which is accepted by the court and in which he
guarantees each failure or damage that would affect the debtor because of prohibiting
him from traveling if the creditor has been proved not to be rightful in his claims.
The judge, before issuing the order, may undertake a summary investigation if he were
not satisfied with the documents confirming the request.
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The judge, in case he has issued the order with the prohibition from traveling, may order
the deposit of the debtor’s passport in the court’s case and may circulate the order of the
traveling prohibition throughout all the state’s outlets.
The party against whom the order has been issued may complain thereof through the
procedures set for the complaint against the orders on the petitions.
The order prohibiting from traveling shall not prevent the execution of the final decisions
issued for the provision of banishment.
In case of the delivery of a final decision for the provision of banishment, the order of the
traveling prohibition shall be exposed before a judicial committee under the chairmanship
of a judge and for which constitution an order from the cabinet is to be issued for
examining the execution of either one.
Article (330)
The order with the prohibition from traveling shall continue to be in effect until, for any
reason whatsoever, the debtor’s commitment to his creditor prosecuting the order, shall
have been expired, however, the authorized judge shall order the extinction of the order
mentioned above in the following circumstances:
1) If any of the conditions required for the order prohibiting from traveling has been
extinguished.
2) If the creditor has agreed, in writing, on the order extinction.
3) If the debtor has submitted a bank bail or a solvent bondsman approved by the judge.
4) If the debtor has deposited in the court’s case a sum of money equal to the debt and
the expenditures, and has allotted it for the payment to the right of the creditor for
whose request the order has been issued, and this sum shall be considered confiscated
by the power of the law for the benefit of the creditor.
5) If the creditor hasn’t submitted to the judge what proves the prosecution of the action
of the debt within eight days from issuing the order prohibiting from traveling, or he
hasn’t started the execution of the final decision issued to his benefit within thirty days
from the date of its final issue.

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Chapter III. Other Precautionary Measures
Article (331)
If the debtor prohibited from traveling has abstained from depositing his passport without
a good reason or it has been disclosed to the judge that he has disposed of his money, he
has smuggled them or he has been preparing to run away from the state in spite of the
precautions taken for prohibiting him from traveling, so the judge may give orders to
summon him committing him to submit a payment bail or an attendance bail or to deposit
the sum prosecuted for in the court’s case, and if he hasn’t abided to the order the judge
may order his detention temporarily till the execution of the order, and this decision shall
be subject to appeal within seven days from the date of its issue.

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