Sharjah, one of the leading emirates in the UAE, continues to refine its legal and administrative framework to ensure effective dispute-resolution mechanisms.
The recently issued Executive Council Resolution No. 40 of 2024, signed by Sheikh Sultan bin Mohammed bin Sultan Al Qasimi, Crown Prince, Deputy Ruler, and Chairman of the Executive Council of Sharjah, provides a comprehensive legal structure for executing judgments and decisions within the emirate’s Rental Disputes Center.
This pivotal development reflects Sharjah’s commitment to fostering fairness and transparency in rental dispute resolution.
Establishment of the Execution Department
A key highlight of the resolution is the creation of the Execution Department at the Rental Disputes Center.
Tasked with overseeing the enforcement of judicial decisions and administrative orders, the department operates under the direct supervision of the execution judge.
Supported by qualified personnel, including legal professionals and police officers, the department ensures that execution procedures are carried out efficiently and in compliance with legal mandates.
To ensure timely enforcement, the Execution Department is responsible for:
- Receiving Execution Applications: It processes requests from concerned parties and prepares necessary notifications to the judgment debtor.
- Supervising Enforcement: If the debtor fails to comply within the legally prescribed period, the department proceeds with enforcement measures, including compulsory execution when necessary.
Streamlined Execution Procedures
The resolution introduces a formalized execution registry to document and track all execution requests.
Each request undergoes scrutiny by the execution judge, who authorizes enforcement actions by affixing the execution seal to the judgment document.
The resolution emphasizes a streamlined process that minimizes delays, stipulating a 15-day window for initiating execution requests post-judgment.
Furthermore, for rental judgments involving payment of rent, failure to submit an execution request within the specified timeframe results in a suspension of rent accrual calculations, safeguarding the rights of all parties involved.
Grievance and Appeals Mechanisms
To ensure fairness, the resolution provides a robust mechanism for challenging execution decisions. Grievances may be filed in cases such as:
- Preferential treatment among judgment creditors.
- Postponement of execution.
- Granting payment extensions or installment plans.
- Decisions on travel bans, arrest warrants, or their refusals.
Aggrieved parties have seven days from the issuance or notification of the execution decision to file a grievance.
The presiding judicial supervisor may review, modify, or uphold the execution decision. Notably, the resolution declares these grievance outcomes as final and non-appealable, ensuring swift resolution of execution disputes.
Additionally, execution decisions may be appealed before specialized appellate circuits within 10 days, particularly in cases involving disputes over the jurisdiction of the execution judge, objections to asset seizures, or disputes arising from third-party claims.
Forceful Execution and Safeguards
The resolution meticulously outlines the use of forceful measures in execution proceedings.
Breaking locks or forced entry requires prior approval from the execution judge and must be conducted under the supervision of judicial police officers.
This ensures that enforcement actions adhere to the principles of legality and propriety, minimizing potential abuses of authority.
Moreover, for high-value disputes exceeding AED 50,000, the resolution mandates a stay of execution if an authenticated appeal is presented, reflecting the emirate’s commitment to equitable treatment in high-stakes cases.
Inventory and Public Auction
The resolution introduces detailed procedures for inventorying seized items. Execution officers must prepare a comprehensive inventory, recording item descriptions, estimated values, and any objections encountered during the process.
To ensure transparency, auctions are conducted within 15 days of inventory completion. In cases where items remain unsold, the resolution allows for price reductions, emphasizing pragmatic solutions to enforcement challenges.
Entrusting Execution Services to Private Entities
In a significant move towards enhancing efficiency, the resolution permits outsourcing execution services to private entities, subject to approval by the Executive Council.
This provision not only accelerates enforcement processes but also introduces a performance-based approach to service delivery.
Alignment with Federal Law
The resolution integrates seamlessly with Federal Decree-Law No. 42 of 2022 on Civil Procedure, ensuring that execution proceedings in Sharjah align with federal standards.
This harmonization underscores the emirate’s commitment to maintaining consistency within the UAE’s broader legal framework.
Conclusion
Executive Council Resolution No. 40 of 2024 marks a transformative step in enhancing the execution of judgments and decisions within the Rental Disputes Center in Sharjah.
By establishing clear guidelines, promoting efficiency, and ensuring legal safeguards, the resolution strengthens the emirate’s reputation as a hub for fair and effective dispute resolution.
This development is expected to instill greater confidence among landlords and tenants, fostering a more harmonious rental ecosystem in Sharjah.
As legal practitioners, landlords, and tenants navigate these new execution procedures, they must remain vigilant about adhering to the stipulated timelines and processes to safeguard their interests under this comprehensive legal framework.
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