Compulsory Execution under the Check in the UAE Law
DOI:
https://doi.org/10.35246/mv3ngs22Keywords:
Check, Executive Document, Compulsory ExecutionAbstract
The study dealt with the issue of Compulsory Execution under the check in UAE law, so the legislator considered it an executive document in some cases, when the legally prescribed controls for that are available.
The UAE legislator did not explicitly specify whether the cases of considering a check as an executive document are exclusive or not, and did not clarify the conditions for considering a check as an executive document and the procedural rules followed, especially since they came in two different laws, namely the Commercial Transactions Law and the Civil Procedure Law.
We addressed the topic by explaining the cases of considering a check as an executive document, then the conditions for considering a check as an executive document, then the procedural rules for considering a check as an executive document.
The most important results of the study: The Authority for the Unification of Federal and Local Judicial Principles added a case to the cases of considering a check as an executive document stipulated by law. The most important recommendations of the study: The need to remove the conflict between the text of Article 667 and Article 684 of Federal Decree Law No. 50 of 2022.
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References
First: Books:
I. Mariam Ahmed Al-Sandal, Al-Wajeez on Forced Execution Procedures According to Federal Decree Law No. 42 of 2022, Dar Al-Nahda Al-Ilmiyyah, UAE, 2023.
II. Ahmed Maher Zaghloul, Principles of Judicial Compulsory Enforcement, 2001.
III. Aziz Al-Ukaili, Commercial Papers, Culture Publishing House, Amman, 2007.
IV. Fawzi Muhammad Sami, Commercial Papers, Culture Publishing House, Amman, 2004.
V. Sherif Mohammed Ghannam, Commercial Transactions Law “Commercial Papers” Check as a Model, Dubai Police Academy, 2023, 3rd edition.
VI. Ali Gamal al-Din Awad, The Check in Trade Law and the Legislation of Arab Countries, Dar al-Nahda al-Arabi, Egypt, 2009.
VII. Fayez Naeem Radwan, Commercial Transactions Law, Dubai Police Academy Publications, 2009, Part 2.
VIII. Bakr Abdel Fattah Al Sarhan, Forced Execution in UAE Law According to Federal Decree Law No. 42 of 2022 issuing the Civil Procedure Code, Dar Hafez, Dubai, 2023.
IX. Ahmed Hindi, Forced Enforcement in the United Arab Emirates, Dubai Police College, 1996.
X. Ashour Mabrouk, Forced Enforcement in the United Arab Emirates, United Arab Emirates University Press, 1996.
XI. Muhammad Nour Shehata, Forced Execution in accordance with the Civil and Commercial Procedures Law in the United Arab Emirates, Dubai Police College, 1991.
XII. Azmi Abdel Fattah, Rules of Forced Execution in the Egyptian Code of Procedures, Dar Al Nahda Al Arabiya, Egypt, 2001.
XIII. Fathi Wali, Forced Execution in Civil and Commercial Matters, 1995, Dar Al-Nahda Al-Arabiya, Egypt.
XIV. Ali Turki, Explanation of Forced Execution Procedures According to the Federal Civil Procedure Law No. 11 of 1992, Dar Al-Nahda Al-Arabiya, Egypt, 2013, 3rd ed.
XV. Nabil Omar, The Mediator in Forced Implementation, New University House, Egypt, 2001, 2nd edition.
XVI. Arafat Abdel Fattah Turki, Al-Wajeez on the Provisions of the Check according to the Saudi System in Light of the Commercial Papers and Execution Systems, Library of Law and Economics, Riyadh, 2014.
Second: Research
I. Sayed Ahmed Mahmoud and Mahmoud Fayyad, Obstacles to implementing judicial rulings in light of UAE law, Journal of the Kuwait International College of Law, Volume 9, No. 36, 2021.
Third: Legislation and laws
I. Federal Decree Law No. 50 of 2022 promulgating the Commercial Transactions Law.
II. Federal Decree Law No. 42 of 2022 promulgating the Civil Procedure Code.
Fourth: Electronic websites
IV. https://www-eastlaws-com
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