Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code (justice and juiciary law)

Article (237 )  
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 1. If the Debtor dies or l oses their legal competence or if the person carrying out the pro-
cedures loses their capacity to act on their behalf prior to the commencement of the ex-
ecution or prior to completion thereof, then the execution may not be carried out or con-
tinued against t heir heirs whose names and capacities are indicated in the Decree of Dis-
tribution or similar document save upon the expiration of (7) seven days from the date 
of their being served with the Execution Writ.  
2. If the Debtor dies or loses their legal competence or if the capacity of the person carrying 
out the procedures on their behalf ceases after commencement of the execution, the ex-ecution procedures shall be stayed as shall all current time limits running ag ainst them 
until they are reactivated by one of the parties to the execution.  
3. Prior to the expiration of (3) three months from the date of death, it shall be permissible for the service referred to in Clauses (1) and (2) of this Article to be effected o n the heirs 
collectively at the last domicile at which the deceased was resident, without stating their names or capacities. If the service takes place after the expiry of such period, they shall 
be served in their names and capacities.

Article (238 ) 
A third party may carry out the matters required under an Execution Writ or compel 
performance thereof only after a notice is served upon the Debtor of the intention to make 
such execution no later than (7) seven days prior to the occurrence thereof.  
  
Chapte r 7 Procedural Objections to Execution

Article (239 ) 
1. If a procedural objection arises upon execution and the matter required to be done is an 
interim procedure, the Execution Bailiff or the person against whom the execution was  
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 made or concerned party s hall refer the matter to the Execution Judge who will decide to 
stay the execution or proceed with it.  
2. In all cases, the Execution Bailiff may not complete the execution before the Judge has 
made their ruling. A grievance against this decision is made in accordance with Clause 
(1) of Article [209] of this Code.  
3. If the Execution Judge finds that the submitted procedural objection is considered a sub-
stantive execution dispute, the person submitting it shall be authorized to register it 
within a period o f (7) seven working days from the date of the declaration, and execu-
tion continues unless a decision is issued in the dispute to stay execution.  
4. If the Execution Judge finds that the procedural objection is raised in a claim relating to 
real property by  the normal procedures for bringing a claim before the competent Court, 
the raising of such objection shall result in a stay of execution unless the Court orders 
otherwise.  
5. Submission of any subsequent procedural objection, or after raising any substant ive ex-
ecution dispute, shall not result in a stay of execution, unless the Execution Judge de-
cides otherwise, or the law decides that execution should be stayed.

Article (240 ) 
True tender shall not result in a stay of execution if the tender is subject to dispute, and the 
Execution Judge may order a provisional stay of execution accompanied by a deposit of the 
thing offered or a greater sum than it as they may specify.

Article (241 ) 
Upon registering a temporary execution dispute, the complainant shall deposit a security of (5,000) five thousand dirhams, which shall be refunded if the procedural objection is  
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 accepted and confiscated by force of law in the event of its los s, with the exception of 
personal status cases. In all cases, the dispute is not accepted if it is not accompanied by 
evidence of the security deposit.  
  
Part 2 ATTACHMENTS  
Chapter 1 General Provisions

Article (242 ) 
Without prejudice to the provisions of any other law, the following items may not be 
attached:  
1. Public property owned by the State or any of the emirates and endowment assets.  
2. The house used as a residence by a Debtor or judgment Debtor and those of their 
relatives living with them  who would be dependent upon the Debtor at law in the 
event of their death unless the house or common share in it is mortgaged and the debt arises from its price, in which case it is permissible to attach it to pay off the 
debt.  
3. The clothes necessary fo r the Debtor, and the household furniture and kitchen uten-
sils necessary for them and their family, and sufficient food and fuel for them for a period of (6) six months.  
4. Any land or necessary agricultural equipment owned by a farmer or hunter/fisherman to the extent sufficient to sustain them and their dependents.  
5. Property gifted or bequeathed so that it or the yield of it shall stand as maintenance 
or a regular income, either temporarily or for life, and any amounts ordered by the Judge which are amo unts laid down or arranged temporarily by way of maintenance  
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 or to be disposed of for a particular purpose, all of the above with the exception of 
one quarter by way of settlement of a prescribed maintenance debt.  
6. Property gifted or bequeathed on condition that it may not be attached, if the Judg-
ment Creditor is one of the Creditors of the donee or the legatee whose debt arose before the gift or the bequest, with the exception of a debt for prescribed mainte-
nance, u p to the limit of one quarter.  
7. Books, equipment and requisites for the carrying on of their profession or vocation 
by themselves, unless the attachment is for payment of the price thereof or expenses 
for the maintenance thereof or prescribed maintenance . 
8. Movable property regarded as real property by affixation if the attachment thereover 
is independent of the real property to the service of which the movables have been 
appropriated, unless the attachment is for satisfaction of the price thereof or cos ts of 
maintaining the same.  
9. Salaries and wages with the Debtor's employers, even if they are transferred to a bank account, save to the extent of one quarter of the wage or gross salary. In the 
event of overlapping claims priority shall be given to a maintenance debt.  
10. Assets of foreign embassies and diplomatic bodies that enjoy diplomatic immunity, 
on condition of reciprocity.

Article (243)  
If the attachment is not completed in one day, it shall be permissible to complete it on the 
next consecutively following day or days, and the Execution Bailiff shall take such steps as are necessary to preserve the items attached and required to be attached until the report is 
completed, and the report shall be signed whenever the attachment procedures are 
suspe nded.   
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 Nevertheless, if the circumstances so require, the Execution Bailiff shall continue with the 
attachment procedures after the time limits laid down in Article [7] of this Code or on official holidays and they may complete them without the need to obtain the leave of the Execution 
Judge.

Article (244)  
It shall be permissible at any stage of the proceedings prior to the award of an auction to deposit a sum of money with the Court's Treasury equal to the debts and expenses for which 
the attachment is be ing made. Such deposit shall result in the attachment being lifted over 
the property being attached, and its being transferred to the amount deposited.

Article (245 ) 
The Judgment Debtor may apply to the Execution Judge at any stage of the proceedings to 
assess the amount or such things as may stand in its stead to be deposited with the Court's 
Treasury for payment to the Judgment Creditor. Such deposit shall result in the attachment being lifted from the assets attached, and its being transferred to the property deposited.

Article (246 ) 
An attachment shall be imposed within the limits of the debt claimed, and if the value of the right in respect of which the attachment has been made is not proportionate to the value of 
the property attached, the Debtor may apply to the Execution Judge as the case may be to 
restrict the attachment to part of their attachable property.  
  
Chapter 2 Prejudgment Attachment   
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Article (247 ) 
Without prejudice  to the provisions of any other law, the Creditor may apply to the Court 
hearing the action or to the Judge for expedited matters, as the case may be, for the 
imposition of a Prejudgment Attachment over the real property and movable property of 
their oppon ent in the following circumstances:  
1. Any circumstance in which it is feared that they may lose the security for their right, 
such as the following circumstances:  
a. If the Debtor has no permanent residence in the State;  
b. If the Creditor, based on serious evidence, fears that their Obligor may abscond, 
or remove or conceal their assets;  
c. If the securities for the debt are threatened with loss.  
2. A lessor of real property may, in relation to a sub -tenant, attach the movab le 
property, yield and produce present on the real property leased, by way of security for the priority right vested in them by law, and they may likewise do so if the 
movable property, yield and produce have been removed without their knowledge, 
unless th irty days have elapsed since the removal thereof or there remain on the real 
property leased sufficient assets to secure the priority right vested in them.  
3. If the Creditor holds an official or ordinary document showing the debt due to them, 
not being su bject to a condition or if they have a judgment that is not enforceable 
provided that the debt in question has a specific amount.  
4. For the worker when it is not possible to settle their entitlements as determined by 
the law regulating the relationship be tween them, in order to guarantee the  
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 fulfillment of their entitlements after being temporarily assessed by the competent 
administrative authority.  
5. In any event, the Court may, before granting the application for attachment, request 
any details or evide nce or statements under oath, conduct a brief investigation, or 
order the necessary investigations to be made with the assistance of the competent 
administrative authorities if it so deems necessary.

Article (248 ) 
The owner of movable property and a person having a right in rem against it or a right to retain it may apply for a Prejudgment Attachment thereover in the hands of the person in 
whose possession it is, by virtue of a petition that includes a full statemen t of the movable 
that is required to be attached.

Article (249 ) 
1. If the Creditor does not have an Execution Writ or if their debt is not of a determined 
amount, the Judge for expedited matters may order an attachment, and provisionally 
determine the de bt owing to the Judgment Creditor, on the basis of a petition 
accompanied by reasons submitted by the applicant for attachment, and the Judge may, before issuing the order, conduct a brief investigation if the documents accompanying 
the application are not  sufficient.  
2. In case of attaching a real property the petition shall be submitted with an official copy of 
the deed of ownership of the property to be attached.  
3. If the claim in respect of the right has previously been brought before the competent Cou rt, an attachment order referred to in Clause (1) of this Article may be applied for  
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 before the Court considering the action .

Article (250 ) 
1. The rules and procedures laid down in Articles [264] to [282] of this Code shall apply in 
the Prejudgment attac hment of movable property, with the exception of those related to 
the fixing of the date for sale, unless such property is perishable, and regard shall be had 
to Clause (2) of Article [273] of this Code. In the case of a Prejudgment Attachment over 
real pr operty, the rules and procedures provided for in Articles [285] to [305] of this 
Code shall apply with the exception of those related to the submission of the Execution Writ and the procedures for sale by auction.  
2. The Judgment Creditor shall, within (8)  eight days at the most from the date of issuance 
of the attachment decision, bring a claim before the competent Court for the 
confirmation of their right, in cases in which the attachment was by order of the Judge for expedited matters, failing which the attachment shall be void ab initio. The 
attachment shall also be deemed null and void if the execution of the final judgment 
issued in their favour does not start within (30) thirty days from the date of its becoming 
final.  
3. The person whose reque st is rejected, and the Judgment Debtor and the concerned 
parties may appeal against the attachment order before the Judge of summary matters or 
before the competent Court -  as the case may be -  whether the grievance is related to the 
subject of the attach ment or its timing. In all cases, the attachment expires if a final 
judgment is issued rejecting the claim of establishing the right.  
4. If a ruling is issued rejecting the grievance and it is due to be executed or has become so,  
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 the procedures prescribed for sale in Articles [264] to [282] and [285] to [305] of this 
Code shall be followed, as the case may be, or execution shall be carried out by handing over the movable in the case referred to in Article [248] of this Code.  
5. The attachment procedures tak en under an enforceable judgment or decision shall 
remain valid unless the judgment or decision issued to cancel them has become final.

Article (251 ) 
1. If a lessor of real property effects an attachment over the movable property of sub-tenants in accord ance with Clause (2) of Article [247] of this Code, the proceedings 
shall be directed towards both the head tenant and the sub -tenant.  
2. Service of the attachment document on a sub -tenant shall be deemed also to be an 
attachment of the rent in their hands.  
3. If the head tenant is not prohibited from subletting, a sub -tenant may apply for the lifting 
of the attachment over their movable pro perty, with the attachment over the rent in their 
hands remaining.  
 
Chapter 3 Garnishment

Article (252 ) 
1. Any Creditor may apply to the competent Court or to the Judge for expedited matters for 
a garnishment over mov able property of or debts owing to their Debtor in the hands of 
third parties, even if they are deferred, or subject to a condition, or disputed.  
2. If the garnishment is not imposed over specific movable property or a specific debt, it  
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 shall cover all of the movable property of the Debtor in the hands of the Garnishee, and 
the debts owed by them, until the items in their possession is reported.  
3. A Garnishment shall cover movable property of the Debtor in the possession of their 
representative at law.

Article (253 ) 
A garnishment shall be made, without the requirement for a prior notice to be served on the 
Debtor, by an order signed by the Judge, and it shall be served on the Garnishee by an 
Execution Bailiff, and shall contain the following particulars:  
1. A statement of the principal amount for which the Garnishment is imposed, plus 
costs;  
2. An accurate and detailed description of the garnished property to avoid any doubt if 
the garnishment is levied over specific property, and an order to the Garnishee  not to 
return or hand over the property in his possession to the Judgment Debtor;  
3. The number of the action or of the application for garnishment, the name of the Gar-nishor, and their residence or place of work in the State. If they do not have a resi-dence or place of work in the State they shall specify an elected domicile within the 
area of jurisdiction of the Court in which execution is being effected; and  
4. An order to the Garnishee to report to the Court that issued the garnishment order, 
within se ven days of service of the garnishment order on them, the items in his pos-
session.

Article (254 ) 
If the order does not contain the particulars specified in Clauses (1) and (2) of Article [253]  
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 of this Code, the garnishment shall be void. Any stakeholder may rely on such voidness .

Article (255 ) 
1. Payment by the Garnishee shall be made by depositing the assets held by them with the 
Court's Treasury. If the subject matter of the garnishment is movable assets that cannot be deposited with the Court's Treas ury they may be delivered to a custodian appointed 
by the body that issued the garnishment order, upon application made to it by the Gar-
nishee or the Judgment Debtor.  
2. The deposit shall be accompanied by a statement signed by the Garnishee, of the gar-
nished items in their hands, the dates on which such garnishments were served on them, 
the names of the Garnishors and the Judgment Debtors, their descriptions and address-es, the writs under which the garnishments were made, and the amounts in lieu of which 
such garnishments have been imposed.  
3. The body that ordered the garnishment shall notify the Garnishor and the Judgment 
Debtor forthwith of the fact of the deposit or the placing of the movable assets in the 
hands of a custodian.  
4. The fact of the deposit or the placing of the movable assets under custodianship shall 
render unnecessary the making of a report on the assets held if the amount or the mova-
ble property is sufficient to satisfy the debt owed to the Garnishor.  
5. If a new g arnishment is imposed on the amount deposited or the movable property 
placed under custodianship whereby either of them becomes insufficient, any Garnishor 
may require the Garnishee to report on assets held by them within (7) seven days from 
the date of su ch requirement.

Article (256 )  
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 1. If no deposit is made in accordance with Article [255] or Articles [244] and [245] of this 
Code, the Garnishee shall, within (7) seven days from service of the notice of garnish-
ment on them, report on the property held to the body that ordered the garnishment, 
and the report shall state the amount of the debt and the cause or causes, if any, by 
which it may expire. If the Garnishee has movable assets in their possession they shall 
attach a detailed statement thereof to their report.  
2. If the property garn ished is in the hands of the government or a public establishment or 
body or a bank, the report on the property held shall be by letter sent by the Garnishee 
entity to the body that ordered the garnishment within the aforesaid period, and shall 
contain the  same particulars as [are required to be set out in] the report.  
3. The fact that the Garnishee is not indebted to the Debtor shall not absolve the Garnishee 
of the duty to make the report on the assets held, in which case the report may be made by a state ment to the body that ordered the garnishment, and likewise professional priv-
ilege shall not absolve them of the duty to report on assets held.

Article (257 ) 
If the Garnishee dies or loses their legal competence or if they or the person representing 
them  ceases to have capacity, the Garnishor may serve on the heirs of the Garnishee or their 
representatives a copy of the notice of garnishment and may require them to report within (7) seven says of such requirement on the assets held.

Article (258 ) 
The dispute regarding the report of the Garnishee shall be raised before the Court that hears 
the garnishment action at any stage of the litigation.   
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Article (259 ) 
1. If the Garnishee does not report on assets held by them in the manner laid down by law 
or if they submit an insufficient or inaccurate report, or if they conceal documents that 
they are required to submit in confirmation of the report, judgment may be passed against them in favour of a Creditor who has obtained an Execution Writ for their deb t in 
the amount for which the garnishment as made, by a claim brought by the normal pro-
cedures. Their claim shall not be accepted after the lapse of (3) three years from the date 
of issuance of the decision to report what they owe.  
2. The execution of a ju dgment issued against a Garnishee shall be deemed to be satisfac-
tion of the right of the Garnishor against the Debtor. This shall not prejudice the right of 
the Garnishee to recourse against the Debtor for the amount they have paid to the Gar-
nishor.  
3. The  judgment shall not be passed if the Garnishee remedies the cause for which the ac-
tion was brought prior to the close of pleadings including before the Court of Appeal.  
4. In any event the Garnishee shall be ordered to pay the costs of the action and compe nsa-
tion as a result of his negligence or delay.

Article (260 ) 
If the right of the Garnishor is established by an Execution Writ, soon after the report on 
assets held is made, the Garnishor may apply to the Execution Judge to make an order 
against the Gar nishee to pay to the Garnishor the amount which they have admitted or such 
part thereof as shall satisfy the right of the Garnishor, provided that the procedures provided 
for in Article [238] of this Code are followed.   
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Article (261 ) 
If satisfaction is not made in accordance with Article [260], and if no deposit is made in 
accordance with Articles [244], [245] and [255] of this Code, the Garnishor may levy 
execution against the assets of the Garnishee under an Execution Writ to which is garnished 
an official copy of the report of the Garnishee, subject to the provisions of Article [233] of 
this Code.

Article (262 ) 
If the garnishment is levied on movable property sold under the procedures laid down for 
the sale of movable property garnis hed in the hands of a Debtor .

Article (263 ) 
A Creditor may impose a garnishment under their own hand over assets held by them in favour of their Obligor; this shall be by order of the competent Judge and notice thereof shall 
be served on the Debtor, sett ing out the particulars required in a notice of garnishment.  
If the Creditor is not in possession of an Execution Writ or a judgment the procedures and periods stipulated in Clauses (2, 3, 4, 5) of Article [250] of this Code shall be followed.  
 
Chapter 4 Attachment of movable property in the hands of a Debtor

Article (264 ) 
1. Subject to the provisions of Article [236] of this Code, the attachment shall be made by 
an electronic or paper minute, as the case may be, made out at the place where it is im- 
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 posed. I t shall, in addition to the particulars required to be set out in notices of attach-
ment, contain the following:  
a. Mention of the Execution Writ;  
b. Mention of the domicile or place of work of the Judgment Creditor in the State, and if 
they do not h ave a domicile or place of work in the State they shall specify an elective 
domicile in the area of the jurisdiction of the Court in which the execution is to take 
place;  
c. The place of the attachment, the steps taken by the Execution Bailiff, and any obs ta-
cles or objections that they have encountered during the attachment, and the steps 
taken by them in that regard;  
d. A detailed list of the items attached stating their type, description, number, weight or 
measurement, and a statement of the approximate v alue thereof.  
2. The Execution Bailiff and the Debtor, if present, shall sign the minutes of attachment. In 
the event that they refuse to sign, the Execution Bailiff shall state that fact in the minutes of attachment. The mere fact that the Debtor voluntar ily signs shall not be deemed to be 
acceptance of the judgment on their part.  
3. An attachment shall not require that the items attached be taken away from their loca-
tion unless the Execution Judge so orders.  
4. The items shall become attached items by vir tue of their being mentioned in the minutes 
of attachment, even if no custodian is appointed over them. A photo of the attached ob-
jects by the Execution Bailiff is considered complementary to the minutes of attachment.  
5. If the attachment takes place in t he presence of the Debtor or at their domicile or place 
of work, a copy of the minutes of attachment shall be delivered to them or to a person 
taking delivery of it on their behalf. If, however, the attachment takes place in their ab-
sence and otherwise tha n at their domicile or place of work, the minutes of attachment  
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 shall be served upon them in the manner indicated in Article [10] of this Code within no 
more than the (7) seven days following the attachment.

Article (265 ) 
1. If the attachment is levied o ver gold and silver jewelry or gold or gold ingots or another 
precious metal or jewelry or precious stones, they shall be weighed, and accurately de-
scribed in the minutes of attachment. They shall be valued by an expert appointed by the 
Execution Judge or upon the request of the applicant for execution.  
2. Upon the request of the Judgment Creditor or the Judgment Debtor, items of art and 
other precious things may be valued in the same manner. In all cases the valuation of the 
expert shall accompany the minu tes of attachment.  
3. If the circumstances require that in order to be weighed or valued such items have to be 
transported to another place, they shall be placed in a sealed receptacle and that fact 
shall be stated in the minutes of attachment, with a desc ription of the seals, and they 
shall be deposited in the Court's Treasury.  
4. If the attachment is levied over cash or currency notes, the Execution Bailiff shall state the description and amount thereof in the minutes of attachment and shall deposit them 
with the Court's Treasury.

Article (266 ) 
1. The Execution Bailiff shall appoint a custodian over the items attached. They shall ap-
point the custodian if the Judgment Creditor or the Judgment Debtor do not propose a solvent person. The Judgment Debtor shall be appointed if they so request, unless it is feared that they will dissipate the assets, such fear being based upon reasonable causes, which shall be stated in the minutes of attachment, in which case the view of the Judg- 
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 ment Debtor as to those causes shall be stated and the matter shall be brought forthwith 
before the Execution Judge in order for them to make a decision in that regard.  
2. If the Execution Bailiff does not find at the place of attachment any person willing to act 
as custodian and the De btor is present, they shall be charged with the custody, and no 
regard shall be had to their rejection thereof. If, however, they are not present, they shall 
take all possible steps to preserve the items attached and shall forthwith raise the matter 
before  the Execution Judge for an order either that the items attached be removed and 
deposited with a trustworthy person who agrees to be the custodian, chosen by the Judgment Creditor or the Execution Bailiff, or the police may be instructed to act as tem-
porar y custodians.

Article (267 ) 
1. If the  custodian is present at the time of the attachment, the items attached shall be 
handed over to them at the place of attachment thereof after they sign the minutes of 
attachment and a copy thereof is handed over to them; if they are absent or are ap-pointed  at a later date, an inventory of the items attached shall be made and handed 
over to them after signing the minute of inventory and giving them a copy thereof.  
2. If the custodian refuses to sign the minutes of attachment or the minute of inventory, or if they refuse to take a copy thereof, the Execution Bailiff shall replace them with another custodian, or shall raise the matter before the Execution Judge forthwith  in order for 
them to make such decision as they deem appropriate.

Article (268 ) 
A custodian who is not the Debtor or the custodian in possession shall be entitled to receive 
a fee for their custodianship, and such fee shall have the same priority status  as judicial costs 
over the movables attached. The custodian's fee shall be determined by an order to be made  
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 by the Execution Judge upon a petition submitted to them.

Article (269 ) 
1. The custodian may not use the items attached or exploit them or lend them or render 
them perishable, failing which they shall be deprived of their custodianship fee, in addi-
tion to their being obliged to pay compensation. If, however, they are the owner of such 
items or the person having the right to the benefit of them, th e custodian may use them 
to the extent of such rights.  
2. If the attachment is levied over livestock or merchandise or tools or equipment neces-
sary for the management or exploitation of land or a factory or workshop or establish-ment or the like, then the E xecution Judge, upon a petition submitted by any person 
concerned, may order that the custodian do undertake the management or exploitation 
if they are capable of doing that, or may replace them by another custodian who shall do 
so.

Article (270 ) 
1. A custodian may not apply to be relieved of the custodianship before the day scheduled 
for the sale save for reasons necessitating that course, and their relief shall be by order 
on petition made by the Execution Judge.  
2. The Execution Bailiff shall make an inventory of the items attached upon the new custo-
dian taking over their function, and a minutes shall be made of the inventory to be 
signed by the custodian, and a copy thereof shall be given to them.

Article (271 ) 
1. If an Execution Bailiff goes to impose an attachment over movables that have already 
been attached in the hands of the Debtor, the custodian thereof shall show them a copy  
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 of the minutes of attachment and shall hand over the items attached, and the Execution 
Bailiff shall make an invento ry thereof in a minutes, and shall attach anything that has 
not already been attached, and shall constitute the custodian in the first attachment 
custodian of those other items if such items are at the same place.  
2. Such minutes shall be served within no more than (3) three working days on the first 
Judgment Creditor and the Debtor and the custodian if they are not present, and it shall 
likewise be served upon the body that ordered the first attachment.  
3. Such servic e shall result in the attachment remaining in place in favour of the second 
Judgment Creditor even if it is waived by the first Judgment Creditor, and it shall be 
deemed to be an attachment in the hands of the Execution Bailiff over the proceeds of 
sale.  
4. If the first attachment levied over the movables is void, that fact shall not affect any sub-sequent attachments if they are valid per se.

Article (272 ) 
1. After completing the attachment, the Debtor may submit to the Execution Judge a re-
quest to sell t he attached property to one of the purchasers. Their request shall be ac-
companied by the sale price and the purchaser's approval thereof. This shall be present-ed to the Judgment Creditor(s), if the price of the sold property is less than the debt for 
which  the attachment was made, within (7) seven days from the date of submission of 
such request. If they do not object within (7) seven days from the date of their notifica-
tion or upon their approval, the sale shall be made and the price shall be deposited in the 
Court's Treasury in favour of the Creditors.  
2. Subject to the provisions of Article [276] of this Code, in the event that the approval of 
the Judgment Creditor is not obtained or they refuse, the day, hour and place of the sale 
shall be determined by the Execution Judge. Forthwith after that, the Execution Bailiff  
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 shall publish the notice on the Court's website, or affix it on the door of the place where 
the attached items are located, as well as on the boards prepared for that in the Court.  
3. The Execution Judge may order that the above be published in a daily newspaper pub-
lished in the State in Arabic or in a foreign language, or, when necessary, publish the same by using other technical means, various media, or any other means they deem ap-
propriate.

Article (273 ) 
1. The sale shall be conducted at the place at which the items attached are or at such place 
as the Execution Judge may specify for the sale of the attached things, unless conven-
ience dictates otherwise. It shall take place no soone r than (3) three days from the date 
of completing the procedures for publishing the announcement on the Court's website, affixation or publication. Any person wishing to do so may inspect the items attached 
during the set period.  
2. Nevertheless, if the at tached things are perishable, or if they are goods subject to fluctua-
tions in prices, the Execution Judge may order that the sale be conducted at such place as 
they deem appropriate. The Execution Judge may order the Sale on an hourly basis as the 
case may  be, upon an application submitted to them by the custodian or any person 
concerned or the Execution Bailiff.  
3. If the Creditor fails to proceed with the sale of the attachments within (30) thirty days after the attachment is levied -  unless there are leg al impediments -  the Execution Judge 
may proceed with the sale procedures or lift the attachment of the attached objects, as 
the case may be, and the expenses will be deducted from the proceeds of the sale.

Article (274 )  
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 If the sale does not take place o n the day specified in the minutes of attachment, another day 
shall be specified for it, to be notified to the custodian and the concerned parties. The 
advertisement shall be re -published on the Court's website, or affixed or published in the 
manner indicated in the Articles in this Chapter, in which case the valuation shall be reduced 
by 5% five times, and then the items attached shall be sold at a price to be estimated by the 
Execution Judge.

Article (275 ) 
1. The sale shall be conducted by public auctio n under the supervision of the Execution 
Judge with the Execution Bailiff acting as auctioneer, and the price must be paid forth-
with. The Execution Judge may give the auction winner a period not exceeding (5) five 
days to pay. The Execution Bailiff shall n ot commence the sale until after conducting an 
inventory of the items attached and the condition thereof is noted in the minutes of sale. 
They shall note in it all of the sale procedures and any objections or obstacles they have encountered and the steps t hey have taken in that regard. They shall also note the pres-
ence of the Judgment Creditor and the Judgment Debtor or their absence and their sig-
nature if present or their refusal to sign.  
2. The Execution Bailiff sh all note in the minutes the names of the bidders and the domicile 
and place of work or e -mail address of each of them, as the case may be, as well as the 
prices offered by them, and their signatures. The minutes shall include in particular a 
statement of the price at which the auction was awarded and the name of the person to whom it was awarded, as well as the Successful Bidder's domicile and place of address 
and signature.  
3. It shall be sufficient announcement of the continuation or postponement of the s ale that 
the Execution Bailiff so states openly and so records in the minutes of sale.   
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 4. The remote communication technology stipulated in the law may be used in any of the 
auction sale procedures mentioned in this Article and in Articles [276] to [278] o f this 
Code.

Article (276 ) 
If nobody attends to purchase jewelry or gold or silver ingots or ornaments or precious 
stones or items that have been valued by an expert's report and the Creditor does not accept 
satisfaction of their debt in specie at such v alue, the time for sale shall be extended to the 
following day if that is not a holiday or until the first working day after the holiday, and if 
there is no purchaser at the assessed value the sale shall be deferred to another day and 
there shall be a fres h affixation or publication in the manner stated in the foregoing Articles, 
in which case the Execution Bailiff shall place the matter before the competent Judge for 
them to order that the auction be awarded at such price as they deem appropriate, even 
though that be on a later date.

Article (277 ) 
If the person to whom the sale on auction has been awarded does not forthwith pay the price, the Judge may give them a period of (5) five days to pay, and after the aforementioned 
period expires and they fail to  pay the price, the item shall be resold on their responsibility in 
the foregoing manner at any price, and they shall be liable for the shortfall in the price as well as the expenses and resale fees. The sale minute shall be deemed to be an Execution 
Writ for the difference in price so far as they are concerned.  
They shall not be entitled to the advantage of any increase in the price; the person entitled to 
that will be the Debtor and their Creditors. The Execution Bailiff shall be liable for the price if  
Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code  146 
 they do not get it in forthwith from the purchaser and do not proceed to resell upon their 
responsibility. The minute of sale shall be deemed to be an Execution Writ with regard to 
them.

Article (278 ) 
The Execution Bailiff shall cease to proceed with the sale if an amount results therefrom sufficient to pay the debts for which the attachment was made as well as the costs. With 
regard to any attachments imposed thereafter in the hands of the Execution Bailiff or others 
in whose hands the price is held, such attachments shall extend only to such property as is in 
excess of the amount expended in making the foregoing satisfaction.

Article (279 ) 
An action for the recovery of the items attached shall be brought before the competent 
Court, and the bringing of s uch action shall result in a stay of the sale unless the Court orders 
that the execution be proceeded with on such conditions as it deems appropriate. The Court may pass a fine of not less than (1,000) one thousand dirhams and not exceeding (5,000) 
five th ousand dirhams in case the recovery claim is rejected.

Article (280 ) 
An action for recovery shall be brought against the Creditor Judgment Creditor and the Judgment Debtor and the intervening Judgment Creditors, and the statement of claim in such action shall contain a detailed statement of the evidence of ownership. Otherwise, it 
shall be inadmissible, and the Court shall rule inadmissibility on its own.

Article (281 )  
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 1. The Judgment Creditor may proceed with the execution if the Court passes judgment 
striking out the action for recovery or if it is regarded as being void ab initio or judgment 
is passed ruling that it be so treated. They may also proceed with the execution  if judg-
ment is passed in the action dismissing it or ruling that there is no jurisdiction or disal-
lowing it, or ruling that the statement of claim is void or that the litigation has lapsed, or 
accepting abandonment thereof.  
2. The Judgment Creditor shall proceed with the execution notwithstanding that the judg-
ments referred to in Clause (1) of this Article are appealable.

Article (282 ) 
1. If a second action for recovery is brought by the same recoveror and their first action is 
deemed void ab initio or judgment has been passed treating it as such or rejecting it or disallowing it, or ruling that the Court has no jurisdiction or that the statement of claim 
therein is void or that the litigation has lapsed or accepting abandonment thereof, the 
sale shall not  be stayed unless the competent Court passes judgment that it be stayed. 
This rule shall apply if the action for recovery is renewed after striking out or staying 
thereof.  
2. The same rule referred to in Clause (1) of this Article shall apply if a second action for 
recovery is brought by another recoveror and the second action shall have effect if it is 
brought at a later date notwithstanding that it is prior to the cessation of the staying ef-
fect of the sale resulting from the bringing of the first action.  
 
Chapter 5 Attachment of shares, papers, receipts and equity interest  
   
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Article (283 ) 
1. Bearer shares and papers or endorsable shares and papers may be attached by the same 
modalities laid down for the attachment of movables in the hands of a Debtor or a third 
party.  
2. Attachment of revenues due and nominate shares and dividends due from bodies cor-
porate and rights of partners in companies shall be attachable by the modalities laid 
down for the attachment of assets due to a Debtor in the hands of third p arties. An at-
tachment thereof shall result in the yields thereof being attached until the day of sale.

Article (284 ) 
Shares and papers and other property as provided for in Article [283] of this Code shall be 
sold by public auction in accordance with the procedures provided for in Article [288] et seq. 
under the supervision of the Execution Judge.  
  
Chapter 6 Attachment Of Real Property And Sale Thereof

Article (285 ) 
1. An Judgment Creditor shall make an application for the attachment of real property to 
the Execution Judge and the request shall include the following:  
a. The name, surname, occupation, domicile and place of work of the applicant, and 
their elective domicile i n the area of the Court in which execution is to take place if 
they do not have a domicile or place of work therein;  
b. The name, surname, occupation, domicile and place of work of the respondent 
Judgment Debtor ;   
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 c. A description of the real property for the attachment of which the application is 
made, with particulars of its location, area, boundaries or number and real property 
area, and any other particulars serving to identify it, as shown in the official registers 
prepared for that purpose.  
2. The Cre ditor may obtain an order on petition from the Execution Judge authorizing the 
Execution Bailiff to enter the real property in order to obtain the necessary particulars to describe it and to define the contents thereof. No grievance shall lie against such order.

Article (286 ) 
1. If the Execution Judge decides that the application for attachment over real property sat-
isfies the legal requirements, they shall make their decision for the attachment and the 
Execution Bailiff conducts it electronically or comm unicates this decision to the depart-
ment concerned with real property registration to mark in the records of this real prop-
erty and specify the time and date.  
2. Registration of the decis ion to attach shall result in the real property being deemed to be 
attached.  
3. The competent department with which the real property is attached shall inform the Ex-
ecution Judge, from the real property registry, of the Creditors having registered rights, 
and the domicile and place of work of each of them and whether there are any impedi-
ments that impede the disposal of the real property.

Article (287 ) 
1. The Execution Bailiff shall, within (7) seven days from the attachment, serve on each of 
the Debtor and the person in possession of the property and the surety in rem a copy of 
the application for attachment, after endorsing it to the effect that it has been registered.   
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 2. They shall at th e same time serve such minute on the Creditors having registered rights 
referred to in Clause (1) of this Article, and such Creditors shall, forthwith upon being 
served, become parties to the proceedings as Judgment Creditors, and upon the death of 
any of them service upon their heirs at the address stated in the register shall be made 
provided that no more than (3) three months have expired since the death.

Article (288 ) 
1. After completing the attachment, the Debtor may submit to the Execution Judge a r e-
quest to sell the attached property to one of the purchasers. Their request shall be ac-
companied by the sale price and the purchaser's approval thereof. This shall be present-ed to the Judgment Creditor(s), if the price of the sold property is less than th e debt for 
which the sequestration was made, within (7) seven days from the date of the attach-ment. The date of submission of the application. If they do not object within (7) seven days from the date of their notification or upon their approval, the sale shall be made 
and the price shall be deposited in the Court's Treasury in favour of the Creditors.  
2. The Execution Judge shall, before proceeding with the sale of the real property by auc-
tion, give notice to the Debtor to pay the debt within (15) fifteen days from the date of 
the notice, failing which the real property will be sold by auction, and the Debtor may 
apply during that period to defer the sale, and the Execution Judge may grant such ap-
plication in the two following circumstances:  
a. If the incom e from the real property over a period of (5) five years will be suffi-
cient to pay the debt, interest, fees and costs, the Execution Judge may, in that 
event, authorize the Creditor under their supervision to collect the revenues from 
the real property unt il payment is made in full, and if any unforeseen circum-
stance arises preventing the collection by the Creditor of their rights in a regular  
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 manner, the Execution Judge shall, upon the application of the Creditor, continue 
with the procedures for the sale of the real property.  
b. If the revenues from the real property over a period of (5) five years are insuffi-
cient to pay the debt, interest, fees and expenses, and the Debtor has other suffi-cient income in addition to the income from the real property to pay the debt in 
installments during the period referred to in this Paragraph, and it appears to the 
Execution Judge that the sale of the real property would cause great loss to the Debtor, they may decide to defer the sale and to make the debt payable by in-stallments over a period not exceeding the period referred to with such guaran-
tees as they deem appropriate, and if the Debtor fails to pay any of the install-ments, the Execution Judge shall, on the application of the Creditor, continue 
with the procedures for the sale of the real property.  
3. If the period of notice laid down in Clause (1) of this Article expires without the Debtor 
having paid the debt or having made an application to defer the sale or if such applica-tion has been dismissed, the Execution J udge shall specify the place and date of the sale 
and the period during which the auction shall be conducted.  
4. The Execution Judge shall, before announcing the sale, appoint one or more experts to assess the price of the real property within a period not  exceeding (15) fifteen days from 
the date the Judge gives such instructions.  
5. The Court office shall notify the Debtor, the person in possession of the property, and the surety in rem of the place and day of the sale and the period during which the auc-
tion will be conducted, and they shall announce the sale no later than (30) thirty days 
before the day scheduled to conduct it, by publication in two daily newspapers circulat-
ing in the State, and a copy of the notice shall be displayed in a conspicuous place on the real property, and another on the Court's notice board, or by any other means the Execu-
tion Judge deems appropriate.   
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Article (289 ) 
1. The announcement of the sale shall contain the following particulars:  
a. The name of the Judgment Creditor and the Debtor, and the person in possession of 
the property or the surety in rem, and the surname, occupation, domicile and place 
of work of such person;  
b. A description of the real property as appears in the attachment order;  
c. The basic price specified by the expert, the costs, and the security that a person 
wishing to purchase shall pay in advance, which shall not be less than (20%) of the 
basic price and any conditions related to the sale;  
d. Particulars of the  Court before which the sale will be conducted, the date of the auc-
tion, and the period over which the auction will take place.  
2. The Judgment Creditor, the Debtor, the person in possession property and the surety in 
rem and any person having an interest may seek the leave of the Execution Judge to 
publish additional announcements of the sale in newspapers and other media by reason 
of the importance of the real property or on account of other circumstances, but such 
additional publication shall not delay t he sale in any case, nor shall any grievance lie 
against the order of the Judge in this regard.

Article (290 ) 
If the real property offered for sale is capable of sub -division, and part of that real property, 
as assessed by the experts, is sufficient for payment of the debt, interest, fees and costs, the 
Execution Judge shall segregate that part by offering it for auction, and shall exclude the 
other parts, and if it appears as a result of the auction that the consideration offered for that  
Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code  153 
 part of the real property is not sufficient to effect payment, the Execution Judge shall offer 
for auction the remaining real property or any other additional part of it sufficient to make payment. If a claim of entitlement is brought over one of the lots of the real pro perty offered 
for auction and the Court decides to defer the auction, that decision shall not necessitate the 
deferral of the auction over the other lots unless those parts are, as assessed by the experts, 
not divisible, in which event the auction shall be  delayed in respect of the remaining parts.  
If there are a number of parcels of real property required to be sold by auction, each parcel 
shall be offered for sale separately, unless the Execution Judge finds, after consultation with 
the experts, that it w ould be expedient to sell more than one parcel, or all of the parcels, by 
way of a single auction.

Article (291 ) 
It shall not be permissible to sell real property otherwise than to a national of the State, with 
the exception of the cases pertaining to th e permissibility of foreigners owning real property 
stipulated in the laws in force in the State, all while observing the rules governing the 
transfer of real property.

Article (292 ) 
1. No disposition made by the Debtor or person in possession of the pro perty or surety in 
rem over the real property shall take effect, nor shall any resulting mortgage or priority 
take effect against the Judgment Creditors, notwithstanding that they may be ordinary 
Creditors, or against the person to whom the auction is awar ded, if the disposition or 
mortgage or priority was registered after registration of the attachment order.  
2. The yields and revenues in respect of the period following registration of the attachment 
order shall be treated as part of the real property, and  the revenues and the price of the  
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 yield and produce shall be deposited with the Court's Treasury, and if the real property is 
not leased, the Judgment Debtor shall be deemed to be the custodian until it is sold, and 
if the real property is leased then the  rent due for the period following registration of the 
application for attachment shall be attached in the hands of the lessee as soon as they 
are required by the Judgment Creditor or any Creditor in possession of an Execution Writ 
not to pay it to the Deb tor, and if the lessee has paid the rent prior to such requirement 
being made, the payment shall be valid and the Judgment Debtor shall be liable for it in 
their capacity as custodian.  
3. If the contract of lease has been registered prior to the lessee being required to make 
payment, the contract shall remain in force as against the Judgment Creditor and the 
Creditors whose rights were recorded prior to the registration.

Article (293 ) 
1. If the real property is encumbered by a security in rem and vests in the person in 
possession of the property under a contract registered prior to the attachment, then 
notice shall be given to the person in possession of the property before the application 
for attachment to pay the debt or to vacate the real property, failing which execution will 
be made against them.  
2. The notice shall, in addition to the general data of the service, and the requirement to 
pay or to vacate, contain the following data:  
a. The Execution Writ;  
b. Service on the Debtor and ordering him to pay in accordance with Article [233] of 
this Code;   
Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code  155 
 c. Particulars of the real property the subject matter of the execution as stated in the of-
ficial records kept for that purpose;  
3. The notice referred to in Clause (1) of this Article shall also be served on the mortgagor in 
cases in which the attachment is levied against real property mortgaged by other than 
the Debtor.  
4. Service of the notice shall result, in respect of the person receivin g service, in all of the 
effects provided for in Article [292] of this Code applying to them.

Article (294 ) 
1. Persons concerned shall submit any arguments relating to voidness of the advertisement 
provided for in Articles (287] and (288] of this Code by  an application submitted to the 
Execution Judge no later than three days before the first hearing scheduled for the sale, 
failing which the right to make such objections shall lapse.  
2. The Execution Judge shall rule on the arguments for voidness Clause ( 1) of this Article on 
the day scheduled for the sale before the opening of the auction, and no appeal shall be 
accepted against their judgment by any means of appeal, and if they pass judgment that the advertisement procedures were void, the sale shall be deferred to a day to be fixed, 
and an order shall be made to repeat those procedures.  
3. If judgment is passed dismissing the application for voidness, an order shall be made to 
proceed with the auction forthwith.  
4. The Debtor, the person in possession of  the property, the surety in rem and the Creditors 
referred to in Article [286] of this Code shall express any other objections of voidness 
relating to the procedures prior to the sale hearing, and likewise any objections to the 
conditions of sale, no late r than ten days before the date of that session, failing which 
their right to make such objections shall lapse; the objections shall be made by an appli- 
Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code  156 
 cation submitted to the competent Execution Judge. The Execution Judge shall make a 
ruling upon the afor esaid application by either staying the sale or continuing with it, de-
pending on the degree of seriousness of those objections, and if they rule that the sale 
shall be proceeded with, they shall order that the auction proceed forthwith.

Article (295 ) 
The  Creditor shall, before the commencement of the auction procedures, deposit such sum 
as the Execution Judge shall specify to cover the costs and expenses of the sale of the real 
property, including advocacy fees. Such sum shall be deducted from the sale pr ice and shall 
be returned to the Creditor.

Article (296 ) 
1. The Execution Judge shall, on the day specified for the sale, supervise the conduct of the 
auction, and they may not proceed with the auction until it has been ascertained that the 
judgment under which execution is being made has become final.  
2. If one or  more purchasers come forward at the first sale hearing, the Execution Judge 
shall, at the end of the period specified for the auction, approve the highest bid, on con-
dition that it is not less than the basic price specified by the expert, together with co sts, 
and if the bid is less than that amount or if no purchaser comes forward at the hearing, the Execution Judge shall make an order deferring the sale to the following day at the same place and for the same period specified for the auction, and if no pur chaser comes 
forward at the second hearing with the basic price, the Judge shall adjourn the sale to the following day, with a reduction in the basic price in an amount of (5%), and then to the following session and likewise with a reduction of the price b y (5%) on each occasion, 
and if the total of the reduction reaches (25%) they shall defer the sale for a period of the following three months, and the advertisement procedures shall be repeated, in which  
Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code  157 
 case the real property shall be sold at the highest bid, provided that it is not less than 
(50%) of the basic price determined by the expert.  
3. The sales session in the concept of this Article includes the electronic session.

Article (297 ) 
1. The person whose bid is approved by the Execution Judge shall, within the ten days fol-
lowing the sale session, deposit the full price approved plus costs, and in the event that 
the price is paid the Judge shall order that the sale be awarded to them.  
2. If the Successful Bidder fails to pay the price in full, then the Execution Judge shall offer 
the real property to the next bidder in line at the price they had offered. If they agree the 
Judge shall approve their bid, and they shall deposit the price within the period specified in Clause (1) of this Ar ticle. If the second bidder refuses, then the Execution Judge shall 
effect a new auction within (15) fifteen days under the same procedures as before, in 
which case the Judge shall order that the auction be awarded to the highest bidder.  
3. Any person not prohibited from bidding at an auction may offer an increase on the price 
within the (10) ten days following the awarding of the auction, but on condition that 
such increase shall not be less than one -tenth of the price, in which case the bidder shall 
deposit the full price offered along with costs with the Court's Treasury, in which case 
the auction shall be held again within (7) seven days, and if nobody offers a higher bid 
the Judge shall order the award of the sale to them.  
4. The defaulting bidder shall be liable for any shortfall in the price of the real property, and 
the order awarding the auction shall include an order against the defaulting bidder in 
respect of the difference if any, and they shall have no right to any increase, such in-crease belongs  to the Debtor or the person in possession of the property or the surety in 
rem as the case may be.   
Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code  158 
 5. In all cases, a guarantee from an approved bank in the State may take the place of a de-
posit, as may submission of a certified cheque. If the person who is obliged to make the 
deposit is a Creditor, and the amount of their debt and ancillaries justify their being ex-
empted from making the deposit, the Judge shall exempt them from depositing all or 
part of the price or the expenses that the law requires that  they should deposit.  
6. In all events, the conditions of sale may not contain any provision the contradicts the foregoing.  
7. If it is impossible for a cause in which the purchaser played no part to complete the sale 
transaction and registration at the au ction value within (30) thirty days from the date of 
the awarding of the auction, then the purchaser shall have the right to demand that the auction be cancelled and the security deposit that they have paid be returned to them, 
and upon such application be ing granted the Execution Judge shall effect a fresh auction.  
8. At any time prior the completion of transfer of ownership and registration of the real 
property in favour of the purchaser as a result of the auction, the Debtor may pay the debt and interest  with fees and costs, or sell the real property with the consent and under 
their supervision of the Execution Judge at a price higher than the price for which the auction was awarded and with an increase of not less than (10%) ten percent of the price 
at w hich the auction was awarded.

Article (298 ) 
1. If the auction is delayed for legal reasons the auction shall be repeated within a period of (15) fifteen days from the date on which the reasons for the delay ceased to exist.  
2. If the auction is left for a period of (6) six months or more because the Creditor fails to 
follow it up, there shall be a fresh auction and the previous time limits shall be cancelled.  
  
Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code  159

Article (299 ) 
1. The judgment awarding the auction shall be issued in the format of judgmen ts, and shall 
contain a copy of the application for attachment of the real property, a statement of the 
procedures followed in that regard, and in respect of the advertisement of the sale, and a copy of the minutes of sale. The decretal part of the judgmen t shall contain an order 
against the Debtor or the person in possession of the property or the surety in rem to 
hand over the real property to the person in whose favour the auction was awarded. The 
original judgment shall be deposited in the case file on the day following the passing 
thereof.  
2. The judgment referred to in Clause (1) of this Article shall not be served, and shall be 
subject to compulsory enforcement: The Debtor, the person in possession of the proper-
ty, the surety in rem or the custodian, as the case may be, shall be ordered to attend at 
the place of handover on the day and at the time specified for that procedure, and a no-tice of this information shall be served thereon at least two days before the date ap-
pointed for the handover.  
3. If th ere are on the real property any movables subject to the right of a person other than 
the Judgment Debtor, the applicant for execution shall apply by petition to the Execution 
Judge to take the necessary steps to preserve the rights of the persons concerne d, and the 
Execution Judge may hear the representation of the persons concerned if necessary be-
fore issuing their order.  
4. If it is not possible to transfer the ownership of the sold real property or part thereof for 
any reason beyond the control of the p arties, then the Execution Judge may annul the 
judgment awarding the auction and restore the situation to what it was.

Article (300 )  
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 1. There shall be no appeal against the judgment awarding the auction, save for a defect in 
the auction procedures or in the form of the judgment, or because it has been issued without a stay of the procedures in a case in which a stay was legally mandatory.  
2. An appeal shall be brought by the normal means, within (7) seven days from the date of 
the pronouncement of the jud gment.

Article (301 ) 
1. Upon the request of a person concerned, the Execution Judge shall request the relevant 
real property registration department to register the judgment awarding the auction, af-ter the person in whose favour the auction has been awar ded has deposited the full 
price, unless they have been exempted from making the deposit, and the rules laid down for the registration of real property shall apply to the registration of the judgment.  
2. The registration referred to in Clause (1) of this A rticle shall result in the real property 
sold being cleared of any priority rights or security or possessory mortgages of which the 
beneficiaries have been given notice under Article [286] of this Code, and they shall be 
left only with their right against the proceeds.

Article (302 ) 
1. A th ird party may apply for an order that the execution proceedings be declared void to-
gether with any application of entitlement over the real property attached or part there-
of, by an action brought through the usual procedures before the competent Court, in 
which they implead the Judgment Creditor and the Creditors referred to in Article [286] 
of this Code, and the Debtor or person in possession of the property or the surety in rem. 
The Court shall make an order at the first hearing staying the sale proceedin gs if the 
statement of claim contains exact particulars of the evidence of ownership or the facts of  
Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code  161 
 possession on which the action relies, and it is accompanied by the supporting docu-
ments.  
2. If the day appointed for the sale arrives before the Court mak es an order of stay, the 
person bringing the action may apply to the Execution Judge to stay the sale on condi-
tion that they deposit with the execution file an official copy of the statement of claim as 
served.  
3. No appeal may be brought in any manner aga inst judgments passed in accordance with 
Clauses (1) and (2) of this Article staying the sale or proceeding with it.  
4. A claim for entitlement shall not be accepted unless a security deposit of (10,000) ten 
thousand dirhams is deposited upon its registrat ion. It shall be returned upon ac-
ceptance or confiscated in case of refusal.

Article (303 ) 
1. If the action of entitlement covers only part of the real property attached, the sale shall 
not be stayed in respect of the remainder of it.  
2. Without prejudic e to the provision contained in Clause (1) of this Article the Execution 
Judge may make an order upon the application of a person concerned staying the sale in 
connection with the whole of the real property if there are serious reasons justifying that 
cour se.

Article (304 ) 
If the thing sold becomes due, the winner of the auction may claim the price and the 
compensations from the Creditors or Debtors, if they have a reason, and the conditions of 
the sale may not include exemption from refunding the price.  
   
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Article (305 ) 
Neither the Debtor, nor Judges, nor Members of th e Public Prosecution or Execution Bailiffs 
or Court clerks or attorneys acting on behalf of the persons conducting the procedures on 
behalf of the Debtor, or their relatives up to the second degree, may make any bid in the 
auction through themselves or thr ough the medium of others, otherwise which the sale 
shall be void.  
  
Chapter 7 Certain Special Sales

Article (306 ) 
1. The sale of the bankrupt's real property is carried out in accordance with the Federal Law 
of Bankruptcy and by way of auction, and is conducted based on the conditions of sale 
provided by the bankruptcy trustee.  
2. The sale by auction of real property of a person having no legal capacity but who is au-
thorized to sell it, and the real property  of an absent person, shall take place subject to 
conditions of sale submitted by the attorney for the Creditors or the proxy for the person 
lacking capacity or the absent person to the Execution Judge after their approval of the 
same.  
3. The conditions of  sale shall include leave for the sale issued by the competent Court.  
4. The Court's Case Management Office shall give notice to the Public Prosecution of the 
conditions of sale before they are presented to the Execution Judge.

Article (307 ) 
1. If the Court orders the sale of real property held in joint ownership on the grounds that it 
is impossible to divide it up without causing harm, the Execution Judge shall sell it by  
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 auction upon the request of one of the co -owners and without prejudice to the provi-
sions of Article [291] of this Code.  
2. The conditions of sale shall include particulars of all the co -owners and the domicile of 
each of them, and a copy of the judgment passed for the effecting of the sale.

Article (308 ) 
The rules relating to the procedures for the sale of real property upon the application of 
Creditors, as provided for in this Code, shall apply to the sales provided for in Articles [306] 
and [307] of this Code.

Article (309 ) 
Taking into account the provisions contained in th is chapter, the Execution Judge may 
delegate any natural or legal person, private or public, to take the procedures of levying the attachment or selling the attached items, whether in whole or in part, or assisting in their 
performance in accordance with t he rules and procedures issued by a decision of the 
President of the Federal Judicial Council or the head of the competent judicial authority, 
each according to their competence, provided that these rules determine the mechanism of 
their work and the calcu lation of their fees.  
 
Part 3 DISTRIBUTION OF THE PROCEEDS OF EXECUTION

Article (310 ) 
1. If the at tachment is levied over money in the hands of the Debtor, or if the property at-
tached is sold, or if (10) ten days have expired from the date of ascertainment of the  
Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code  164 
 amount owing in an attachment of property of the Debtor in the hands of a third party, 
the proceeds of the execution shall be distributed among the Judgment Creditors and 
any person deemed to be a party to the proceedings without any further procedure, even 
if the proceeds are insufficient to satisfy their entire rights.  
2. All Creditors who ar e parties to executions in the executive groups and joined execution 
files are considered parties to the procedures within the meaning of the preceding para-
graph, even if they did not submit a request for that, and they are included in the list of distribu tion of the proceeds of execution in accordance with the requirements of Articles 
[311- 314] of this Code.

Article (311 ) 
1. If the proceeds of execution are sufficient to satisfy all of the rights of the Judgment Creditors and persons deemed to be a party to the proceedings, then the Execution Judge shall order the payment of the debts of all of the Creditors after presentation of their Ex-
ecution Writs.  
2. If any of the Creditors referred  to in Clause (1) of this Article does not have an Execution 
Writ and the claim of right and the validity of the attachment are still sub judice, a sum 
will be allocated to that Creditor corresponding to the debt for which the attachment has been made, and it shall be kept in the Court's Treasury to their account pending a final 
determination of the claim.

Article (312 ) 
1. If the proceeds of the execution are insufficient to satisfy all of the rights of the Judgment Creditors and persons deemed to be part ies to the proceedings, then the person in 
whose hands the proceeds are shall forthwith deposit them with the Court's Treasury, 
accompanied by a statement of the attachments imposed under their hands.   
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 2. The distribution will be among the preferred Debtors  and the beneficiaries of registered 
rights, according to their order of ranking as set out in the law.

Article (313 ) 
The distribution procedures shall commence by the Execution Judge preparing a distribution 
list that will be notified to the Debtor and the person in possession of the property and the 
Judgment Creditors, and persons deemed to be parties to the proceedings, to attend before 
the Execution Judge at the hearing Execution Judge schedules for that. Within (3) three days 
following the date of th e session the Execution Judge shall decide on any objection that may 
be submitted before the amounts are disbursed.

Article (314 ) 
1. The Execution Judge shall deposit with the Case Management Office the final distribu-
tion list stating the entitlements of each Creditor by way of principal and expenses.  
2. In all cases, the Execution Judge shall order that payment orders be delivered to t he 
Court's Treasury, and that the restrictions, whether relating to debts included on the list 
or debts not included in the distribution, be stricken off.  
  
Part 4 EXECUTION IN REM

Article (315 ) 
1. In the case of execution by delivery of a movable or of real property, the Execution Bailiff 
shall proceed to the place where the item in question is to be handed over to the appli-cant. They shall state in their minutes the items the subject matter of the handover and 
the Execution Writ, as well as the date of the service thereof. If the handover is in respect 
of real property occupied by a transient possessor, then the Execution Bailiff shall direct  
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 them to acknowledge the new possessor after the completion of the process of the 
handover of the real property.  
2. If the items required to be handed over are attached, the Execution Bailiff shall not deliv-
er them to the applicant, and the Execution Bailiff shall notify the Judgment Creditor of 
the same.  
3. Upon  the request of the interested person or of the Execution Bailiff, the Execution Judge 
shall issue the necessary orders to preserve the rights of persons concerned.

Article (316 ) 
1. The Execution Bailiff shall notify the person who is required to vacate the real property 
of the date on which they will attend to the enforcement of the vacation, no later than three days before the day scheduled; when the scheduled time comes, they will enable 
the applicant to take possession of the real property. If on the said real property there are 
movables that do not have to be delivered to the applicant for vacation and the owner thereof does not remove them forthwith, then the Execution Bailiff shall entrust the custody thereof at the same place to the applicant, or t ransport them to another place if 
the applicant does not agree to take over custodianship. If such movables are under at-
tachment or custodianship, then the Execution Bailiff shall notify the Creditor upon 
whose application the attachment or custodianship w as imposed, and in either event the 
Execution Bailiff shall raise the matter before the Execution Judge to take such steps as 
they deem necessary to preserve the rights of the persons concerned.  
2. The Execution Bailiff shall make a report identifying the Execution Writ and the date of 
service thereof, describing the real property the subject matter of the vacation and the 
movables that were not required to be delivered to the applicant, and the steps taken by 
them in respect of them.
   
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Article (317 ) 
1. A person applying for forcible execution of an obligation to perform or to refrain from an 
act shall submit an application to the Execution Judge for them to specify the manner by which such execution shall take place, and annex to the application the Exec ution Writ 
and the service thereof.  
2. After summoning the other party to hear their representations, the Execution Judge shall make their order specifying the manner in which the execution will take place, and ap-pointing the Execution Bailiff to carry it out, and the persons who are ordered to perform 
the act or the removal.

Article (318 ) 
1. If the execution in rem is not possible in the manner specified in Article [317] of this 
Code, or if the execution requires that the Debtor performs it themselves an d they do not 
do so, then the Execution Judge may obligate them to pay a daily fine of not less than (1,000) one thousand dirhams and not more than (10,000) ten thousand dirhams to be 
disbursed as compensation to the Creditor who is party to the execution for the delay, 
provided that the total fines do not exceed the principal of the debt subject of execution.  
2. The Execution Judge may cancel the fine or part of it if the person against whom the ex-
ecution was made initiates execution before it is actually disbursed.  
3. The provisions of Clause (1) of this Article shall apply to the legal representative of the 
legal person, and to those working for it who personally obstructed the execution.  
  
Part 5 DETENTION OF THE DEBTOR AND BANNING HIM FROM 
TRAVELLING AND OTHER PRECAUTIONARY PROCEDURES  
Chapter 1 Detention of Debtors   
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Article (319 ) 
1. The Execution Judge may make an order on an application submitted by the judgment 
Creditor for the detention of the Debtor if the latter has failed to execute any Execution Writ unless they prove that they are not able to pay. The Debtor shall not be deemed to be capable of paying if their solvency is based entirely on assets that cannot be attached 
or sold.  
2. The Debtor's claim of inability to pay is not accepted if they refuse to pay, in any of the 
following cases:  
a. If the Debtor smuggles their assets or conceals them with the intention of causing 
harm to the Creditor, and it is impossible for the Creditor by reason thereof to exe-
cute against s uch assets;  
b. If the debt is one or more installments awarded against the Debtor, or if the Debtor is 
a person who stood surety for the original Debtor to make payment before the Court or the Execution Judge, unless the Debtor proves that new facts have arisen after the  
award of installments against them or after they have provided the surety, which have affected their solvency and rendered them unable to pay the installments or the 
amount of the surety or any part thereof.  
3. The Execution Judge shall order the detentio n of the Debtor in the circumstances set out 
in Paragraphs (a) and (b) of Clause (2) of this Article for a period not exceeding one 
month, which may be renewable for further periods. If it is not feared that the Debtor would flee [the State] and the Debtor  has an established residence the periods of deten-
tion may not exceed (6) six consecutive months. An order may be made for the renewal 
of their detention after the expiration of (90) ninety days from their release if they con-
tinue to refuse to perform desp ite their ability to make payment, but provided that the 
total periods of detention of the Debtor do not exceed (36) thirty six months whatever be the number of debts or Creditors in the event that the relevant Execution Writs coin- 
Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code  169 
 cide, unless the matter i s related to a debt as a result of intentional financial crimes, in 
which case the terms of detention may reach (60) sixty months.

Article (320 ) 
1. Before issuing the order for detention, the Execution Judge may carry out a brief investi-
gation if they ar e not sufficiently satisfied by the documents supporting the application.  
2. The Judge may grant the Debtor time to pay, not exceeding (6) six months, or may divide 
the amount under execution into suitable installments spanning no more than (3) three 
years  with guarantees or precautionary measures assessed by the Judge, if it is feared 
that the Debtor will flee the State.  
3. A grievance shall lie against the order contained in Clauses (1) and (2) of this Article, by 
the procedures laid down in Article [209] of this Code.

Article (321 ) 
1. An order for the detention of the Debtor may not be made in the following cases:  
a. If their age is less than (18) eighteen years or greater than (70) seventy years;  
b. If they have a child who has  not reached the age of (15) fifteen, and their spouse is 
dead or in custody for any reason;  
c. If the Debtor is a spouse or ascendant of the Creditor, unless the debt amounts to prescribed maintenance;  
d. If they provide a bank guarantee or solvent guarantor accepted by the Execution 
Judge, for payment of the debt at the times specified, or if they reveal property of their in the State which may be enforced against, and which is sufficient for payment 
of the debt;   
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 e. If it is confirmed by certified medical evidence that the Debtor is chronically and in-
curably ill in such a way as not to be able to withstand detention;  
f. If the debt being enforced is less than (1,000) one thousand dirhams unless it is a fi-
nancial fine, maintenance, work wages, or an obligat ion to work or abstain from 
work.  
2. The Execution Judge may postpone the issuance of an order to detain the Debtor in any 
of the following two cases:  
a. If the Debtor is a pregnant woman, and for a period of two years from the date of her 
delivery, and that period shall be reduced to (3) three months from the date of the 
birth of her stillborn fetus; or  
b. If it is confirmed by certified medical evidence t hat the Debtor is temporarily ill in 
such a way as not to be able to withstand detention pending their recovery.

Article ( 322 ) 
If the Debtor is a private body corporate, the order for detention shall be made against those 
who represent it legally or the person to whom the failure to perform is personally attributable. Travel bans may be made in accordance with the procedures and controls 
stipulated in Articles [324] to [326] of this Code, even if the Creditor does not have an 
Execution Writ against them, provided that an investigation is conducted in both cases.

Article (323 ) 
The Execution Judge shall order that the detention order made against the Debtor shall lapse in the following cases:  
1. If the Creditor agrees in writing that the order may be revok ed;  
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 2. If the obligation of the Debtor for the satisfaction of which the order was made ceas-
es for any reason; or  
3. If any of the conditions necessary for the order of detention to be made lapses, or if an impediment to the making thereof arises.  
  
Chapter 2 Prevention of the Debtor From Travelling Abroad

Article (324 ) 
1. Even before filing a substantive lawsuit, if there are serious reasons that fear the Debtor's 
flight, an d the debt is not less than (10,000) ten thousand dirhams, unless it is an 
established maintenance, a commitment to work, an abstention from work, or a work 
fee, the Creditor may request the competent judge or the head of the Circuit, as the case 
may be, t o issue an order banning the Debtor from travelling in any of the following two 
cases:  
First: If the debt is of a known amount and due for payment and not restricted by a 
condition; or  
Second: If the debt is not of ascertained amount, the Judge shall make a provisional 
quantification of it, provided that the following conditions are met:  
a. The claim of right must be based on written evidence; and  
b. The Creditor shall submit a guarantee acceptable to the Court guaranteeing any loss 
or damage that may be sustained by the Debtor in consequence of their being 
prevented from travelling abroad in the event that it should turn out that the 
Creditor's claim was not justified.   
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 2. Before making the order, the Judge may conduct a brief investigation if they deem the 
documents supporting the request insufficient. They may also order that the Debtor's passport be lodged with the Court's Treasury, and the order of travel ban shall be 
circulated around all ports of exit from the State in the event that the travel ban order is 
issued.  
3. The personal status Execution Judge may issue an order to prevent the fostered child 
from travelling in cases that violate the terms  and conditions of the provisions stipulated 
in the Federal Law of Personal Status.  
4. Anyone who has been ordered to be banned from travelling or whose request has been 
rejected may appeal against the same using the procedures prescribed for grievance 
against orders on petitions, unless the order in question was issued by the competent 
Execution Judge, in which case the grievance against their decision shall be in 
accordance with the procedures stipulated in Clause (1) of Article [209] of this Code.  
5. A travel ban order shall not prevent the execution of final judgments for deportation. In 
the event of the passing of a final judgment or an administrative order for deportation, 
the order for travel ban shall be placed before a judicial committee under the p residency 
of a Judge, to be formed by a resolution of the Council of Ministers, to determine the execution of either such case.  
6. The president of the competent Court or their authorized representative may approve 
the Debtor's travel due to their or one o f their ascendants, first -degree descendants, or 
their spouse's illness, provided that a medical certificate from an official authority is attached to the application stating the need for treatment abroad and the impossibility of 
local treatment in the Sta te. Meanwhile, the travel ban order shall be maintained.   
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Article (325 ) 
The travel ban order shall remain in force until the expiration, for whatever reason, of the 
obligation of the Debtor towards their Creditor who has obtained the order. Nevertheless, the competent Judge may order that the aforesaid ban shall lapse in the following cases:  
1. If any of the conditions necessary for the making of the travel ban order lapses;  
2. If the Creditor agrees in writing that the order may be revoked;  
3. If the Debtor submits a sufficient bank guarantee, or a solvent guarantor accepted by 
the Judge, and the bail report that includes the guarantor's undertaking is accompa-nied by the judgment or order issued to oblige the Debtor with an Execution Writ 
before  them with what this judgment decreed;  
4. If the Debtor lodges with the Court's Treasury a sum of money equivalent to the debt 
and the expenses, earmarked for satisfaction of the right of the Creditor on whose 
application the order was made, and such sum s hall be deemed to be under attach-
ment by operation of law in favour of the Creditor;  
5. If the Creditor fails to submit to the Judge material to demonstrate that the action for the debt has been brought within (8) eight days from the making of the travel b an 
order, of if they have not commenced enforcement of a final judgment made in their 
favour within (30) thirty days from such judgment becoming final;  
6. If (3) three years have elapsed since the last valid procedure of executing the final 
judgment on the  debt, the travel ban order was issued to satisfy it, without the Cred-
itor applying to the Execution Judge with a request to continue the procedures for 
executing such judgment; or  
7. If a request is received from the competent authorities stating that the  stay of the 
person banned from travelling in the State has become illegal and they shall be de- 
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 ported, and it is not proven that they have assets in the State that can be subjected to 
execution.

Article (326 ) 
The provisions of Articles [324] and [325] of this Code do not apply to foreigners against 
whom decisions have been issued to extradite them to a foreign country in accordance with 
the provisions of the Federal Law on International Judicial Cooperation in Criminal Matters.  
  
Chapter 3 Other Precautionary Procedures

Article (327 ) 
If the Debtor who is banned from leaving the State refuses to hand over their passport without justification, or if it appears to the Judge that they have made a disposition over 
their assets or has taken them abroad or that they are making preparations to flee the 
country despite the steps taken to prevent them from travelling, then the Judge may order that such Debtor be brought before the Court and compelled to submit a guarantee of 
payment or guarantee of attendance or to deposit the amount claimed with the Court's 
Treasury. If the Debtor fails to comply with such order, then the Judge may order that the 
Debtor be temporarily detained until the order is executed. Such decision shall be 
appealable within (7) seven days from the date of making thereof.  
  
Part 6 USING REMOTE COMMUNICATION TECHNOLOGY IN CIVIL 
PROCEDURES

Article (328 )  
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 The 'Use of Remote Communication Technology' in c ivil procedures means the use of 
audiovisual means of communication between two or more parties to achieve remote 
attendance and the exchange of documents, which includes the registration of the case, the 
process service procedures, the trial, and the exec ution that take place through the use of 
such technology.

Article (329 ) 
The terms 'Electronic Document', 'Electronic Information', 'Electronic Information System', 
'Electronic Signature' shall have the meanings ascribed to them in the Federal Law on 
Electronic Transactions and Trust Services.

Article (330 ) 
The provisions for collection of fees, registration, process service, submission of documents, attendance, publicity, pleading, hearing witnesses, examination, deliberation, issuance of 
judgments, sub mission of appeals and execution of all its procedures stipulated in this Code, 
shall exist if they are wholly or partly done through remote communication technology.

Article (331 ) 
The President of the Court, the president of the Circuit, the competent J udge, or whoever is 
delegated by any of them, may take the procedures remotely whenever they decide to do so at every stage of the civil lawsuit, in order to achieve ease of litigation procedures.

Article (332 ) 
Remote proceedings may be taken outside the  jurisdiction of the Courts of any Emirate  
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 hearing remote civil proceedings. When necessary, coordination shall be with the competent 
authority in the Emirate in which the person for whom the procedure is to be taken is located, or where there are any docu ments to be submitted in the case.

Article (333 ) 
In trials conducted remotely, it is permissible, in each round of the trial, for any of the parties to the case to request the Court to conduct the trial in person, and the Court, after serving a 
notice on  the rest of the parties, shall decide on such request.

Article (334 ) 
1. Remote litigation records shall be recorded and kept electronically before they are tran-
scribed, and shall be deemed confidential. It shall not be permitted to circulate, view, copy or delete them from the Electronic Information System except with the permission 
of the competent Court, as the case may be.  
2. The Court may dispense with  recording if the remote litigation procedures are typed di-
rectly during the session in the electronic case file and approved by its president.

Article (335 ) 
The remote communication technology stipulated in this Code is subject to the information 
securi ty policies and regulations adopted in the State.

Article (336 ) 
1. The competent body may transcribe remote litigation procedures in minutes or paper or 
electronic documents approved by it without the need for the signature of the concerned 
parties.   
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 2. The Court may be satisfied with the minutes of the remote litigation procedures if they 
were typed directly during the session in the electronic case file and approved by its 
president.

Article (337 ) 
Remote communication technology may be used to request o r implement rogatory and 
judicial assistance with foreign countries, in accordance with the provisions of agreements 
and treaties ratified by the State.

Article (338 ) 
The Electronic Signature and the Electronic Documents shall have the authenticity 
prescribed for the signature or the official paper documents, if they meet the terms and 
conditions stipulated in the Federal Law on Electronic Transactions and Trust Service s.