Selling the real estate securing the privilege of the public treasury in a public auction A study in the UAE law

Authors

  • Assistant Professor Doctor Mariam Ahmed AL sandal University of Sharjah _ College of Law

DOI:

https://doi.org/10.35246/ez55sv95

Keywords:

Concession rights, public treasury, public auction, reservation decision registration

Abstract

The concession rights established for the public treasury are returned to the debtor’s funds, whether they are real estate or movables, and they may be returned to a specific amount of these funds, in accordance with the relevant laws. The legislator in the United Arab Emirates, according to the general rules, did not stipulate that this right be registered with the competent real estate registration department. This may lead to the sale of the property securing the concession right of the public treasury without the knowledge of the competent department of the treasury department to claim this right.

In selling by judicial public auction, the legislator requires certain procedures through which the real estate is purged of accessory real rights, including concession rights, and among these procedures is the announcement of the seizure decision to the owners of the restricted rights, and as a result of not registering the privilege of the public treasury, it will not be announced with seizure.

At the end of the research, we reached results, including: that the privilege rights due to the public treasury fall within the scope of general privilege rights with a variable base, and their place may be all the debtor's money, or a specific money from his money, movable or real estate, and the conditions and scope of the privilege of the public treasury and the funds that This right is contained in the special laws regulating this type of right. As for the most important recommendations, the UAE legislator recommended that it be necessary to stipulate within the special rules related to the privilege of the public treasury what indicates the transfer of the privilege to any other money from the debtor’s money in the event that it is limited to the real estate subject of implementation.

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References

First: Sources:

i. Constitution of the United Arab Emirates.

ii. Federal Civil Transactions Law No. 5 of 1985 and its amendments.

iii. Federal Decree-Law No. 42 of 2022 issuing the Civil Procedure Code.

iv. Federal Decree-Law No. 26 of 2019 regarding Public Finance and its amendments.

v. Federal Decree-Law No. 28 of 2022 regarding tax procedures.

vi. Pensions and Social Security Law No. 7 of 1999 and its amendments.

vii. The explanatory memorandum of the Federal Civil Transactions Law No. 5 of 1985.

viii. Law No. 2 of 2000 regarding civil retirement pensions and benefits for the Emirate of Abu Dhabi and its amendments.

ix. Law No. 13 of 2017 regarding judicial fees in the Emirate of Abu Dhabi.

x. Law No. 9 of 2007 regarding the establishment of the Awqaf and Minors Affairs Foundation.

xi. Law No. 4 of 1998 regarding the Customs Law in the Emirate of Dubai.

xii. Law No. 5 of 2018 regarding social security in the Emirate of Sharjah.

xiii. Law No. 2 of 2004 regarding municipalities in the Emirate of Sharjah and its amendments.

xiv. Law No. 8 of 2018 regarding the endowment in the Emirate of Sharjah.

xv. Emiri Decree No. 1 of 2018 regarding the reorganization of the Ajman Public Transport Corporation and its amendments.

Second: Books:

i. Al –Barasan, Ahmed Salim, 2015, Politics, Concepts and Foundation, Jordan, Zahran Publishing and Distribution House.

ii. Salama, Ahmed, 1970, sample and personal insurance, Cairo, Arab Renaissance House, part 1.

iii. Mansour, Mansour Mustafa, 1963, Real Insurance, Cairo, International Press.

iv. Swar, Muhammad Waheed al -Din, 2006, Explanation of Civil Law - Al -Ain Al -Tasabi Rights, Amman, Dar Al -Thaqaf, 1st edition.

v. Tango, Samir Abdel-Sayed, 1970, Real and Personal Insurance, Alexandria, Manshaat Al-Maarif.

vi. al –Wakeel, Shams al -Din, 1959, the theory of insurance in civil law, Alexandria, Al -Maarif Facility, 2nd edition.

vii. Gomaa, Noman Muhammad Khalil, 1981, In-kind Rights, Cairo, Modern Cairo for Printing.

viii. El -Sanhouri, Abdel Razek, Al -Waseet in Explaining Civil Law, Arab Heritage Revival House, Beirut, Lebanon, without a year of publication, vol. 10.

ix. Turki, Ali, 2013, explaining the procedures for forced implementation in accordance with the Federal Civil Procedure Law No. 11 of 1992, Dar Al -Nahda Al -Arabiya, 2nd edition.

x. Wali, Fathi, 1995, Forced Execution in Civil and Commercial Matters.

xi. Abdel –Fattah, Azmi, 2001, The Rules of Forced Execution in the Egyptian Readings Law, Arab Renaissance House.

Third: Research and Scientific Theses:

i. Al-Alami, Ilham, 2015, Ranks of Privilege Rights and Their Expiration, Proceedings of the Scientific Symposium on the Code of Intangible Rights between Reality and Hope, Marrakech, Cadi Ayyad University, Faculty of Legal, Economic and Social Sciences, Volume 1.

ii. Zakarneh, Magda Ahmed Saeed, 2016, Excellent Debts in Palestinian Legislations, Master Thesis, Faculty of Graduate Studies, An-Najah National University, Palestine.

Fourth: websites:

https://www.eastlaws.com.

https://elaws.moj.gov.ae/.

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Published

2023-12-25

How to Cite

AL sandal, Mariam. 2023. “Selling the Real Estate Securing the Privilege of the Public Treasury in a Public Auction A Study in the UAE Law”. Journal of Legal Sciences 38 (2): 254-93. https://doi.org/10.35246/ez55sv95.

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