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    The Role of the Enforcement Judge Before and after The Issuance of the Enforcement Law in Saudi Arabia

    By Hassan Alfayoumi

    About the previous Enforcement:

     Enforcement was carried out by the King and his representatives in accordance with the text of Article 50 of the Main Laws of the ruling issued in 1412 AH, and also the text of the second paragraph of Article VII of the Regional System issued in 1412 AH that the Emir of each region undertakes the implementation of judicial rulings after obtaining its final capacity. This is because the administrative ruler was entrusted with the implementation of judicial rulings.

    Enforcement Now:

    After the Council of Ministers Resolution No. 261 on 12/08/1433 approved the implementation system, and a Royal Decree No. M/53 was issued on 13/08/1433 and was published in Umm Al-Qura newspaper, it became effective on 04/18/1434 AH.

    Thus, the task of implementation was transferred from the administrative governor to the Enforcement judge.

    Firstly: The General Conditions that must be met in the Executive Document:

     

    1. That the amount be fixed, and its settlement be immediate.
    2. That the bond is obligatory or an obligation, as a judgment is issued to obligate an amount.

    Secondly: The following special conditions:

    Court rulings:

     

    1. The judgment must be in the form of an obligation.
    2. The judgment must possess the form of enforcement.
    3. The judgment must be final and not subject to the standard methods of objection.

    B- Conciliation Records
    1. The Enforcement wording should be written in the bottom of the record, “the competent authority of accreditation of conciliation records.”

    Commercial Instruments:

    Bill of Exchange:

    • The word Bill of Exchange written on the instrument.
    • Must be an unconditional order to pay.
    • The name of the drawee.
    • The due date, if no due date was set, it shall be considered due for payment from the time of viewing it.
    • place of payment
    • The name of the beneficiary.
    • The date and place of creation of the promissory note.
    • The signature of the debtor.

    Promissory Note:

    • The word promissory note written on the instrument
    • Unconditional promise to pay.
    • place of fulfillment.
    • The name of the beneficiary.
    • The date and place of the bond’s creation.

    Cheques:

    • The word cheque on the instrument.
    • Unconditional order to pay.
    • The name of the drawee.
    • place of fulfillment.
    • The date and place of creation of the cheque.

    D- Rules & Judgments issued from a Foreign Country:
    1. An official copy of the ruling or enforcement order possessing the form of enforcement.
    2. Certification that the judgement is final.
    3. A copy of the judgment notification document, certified as being in conformity with the original, or any document that proves the defendant’s notification.

    E- Standard Instruments:
    1. The debtor should appear before the Enforcement judge.
    2. The debtor should acknowledge the debt.

    Thirdly: Steps & Procedures of the Enforcement:
    1- Submitting an Enforcement Request to the competent courts of territorial jurisdiction and case matter jurisdiction, with full data i.e. name of plaintiff, name of defendant, address, date, and number of the document, the claim amount, and the bank account number of plaintiff to deposit his own money.
    2- The Instrument must be verified and the Enforcement stamp shall be placed on it, including the sentence: Enforcement Instrument.
    3- The Enforcement judge shall issue a judiciary order against the defendant, requiring Enforcement and disclosing his financial status equal to the debit.
    4- The defendant is to be notified, with a copy of the judgment, if not possible to notify, then notification is to be in the daily newspaper after 20 days of the judgment date.
    5- In case the defendant has no address, then the Principality should notify as applicable.
    6- If the defendant was notified, then the judge should prove this at the bottom of the Enforcement instrument.
    7- If the defendant has been notified, then the judge after 5 days should order the following: –
    • Prevent the debtor to travel.
    • Suspension of the defendant services.
    • Disclosing and seizure the moneys of the defendant.
    • Imprisonment the defendant under laws.

    The Most Prominent Characteristics of this Law:

    1- Widening the concept of the Enforcement instrument to include rules of arbitrators, Reconcilement Records, commercial instrument, (Promissory Note, Cheque, and Order Bill of Exchange), Attested Contracts, standard instruments, foreign rules and records.
    2- The Enforcement judge becomes competent for insolvency cases to prevent fraud by defendants.
    3- Avoiding stalling/procrastination by defendants.
    4- Financial and physical Prosecution of the defendants till payment.

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