المملكة: The new enforcement system… judicial powers that include supervising forced execution and adjudicating its disputes – urgent
The Council of Ministerson the new implementation system, with the aim of developing the justice system and enhancing the efficiency of judicial implementation procedures, ensuring the speedy fulfillment of rights and achieving balance between the parties to the executive process, by granting the courts expanded powers to supervise implementation and adjudicate its disputes, in accordance with precise controls specified by the executive regulations.
Comprehensive judicial supervision of implementation procedures
The system stipulates that the competent court undertakes full supervision of implementation procedures, including forced implementation and adjudication of implementation disputes, in addition to Issuing rulings, orders and decisions related to it, with the exception of the implementation of criminal penalties and what falls within the jurisdiction of the Courts of the Board of Grievances.
The texts confirmed that the role of the court is limited to verifying that the executive instrument fulfills its statutory conditions without addressing the origin of the right, which enhances the speed of procedures and prevents the dispute from being reconsidered again.
The system approved the referral of implementation requests according to specific distribution rules set by the regulations, ensuring the organization of work within the courts and achieving justice in the distribution of cases.
Regulating cases of multiple seizures of funds
With regard to cases of multiple seizure orders on the funds of the person against whom the execution was executed, the system required the party with whom the seizure was made to notify the party that issued the subsequent seizure order of the existence of a previous seizure, provided that the regulations specify the provisions regulating that.
The system also addressed cases of seizure conflicts between multiple judicial or administrative bodies, as it stipulated that in the event of a combination of seizures from more than one body, all the funds of the person against whom the execution was executed are considered seized for the benefit of all implementation requests, and the body has jurisdiction. The judicial authority that issued the first seizure order supervises all seizures, including sales procedures, distribution of proceeds, and issuance of related decisions. The system gave the minister the authority to issue detailed rules in coordination with the competent authorities to regulate these cases.
Limiting executive bonds and expanding their scope
The system set a clear framework for executive bonds according to which compulsory execution is permissible, as it confirmed that execution is not permissible except with an executive bond for a specific right and the condition of performance. These bonds included final or expedited judicial judgments and orders, arbitrators’ rulings, settlement agreements and notarized settlement documents, in addition to electronically registered promissory notes and promissory notes, checks, contracts and notarized declarations.
The scope of executive bonds also extended to include rulings and decisions issued by foreign parties, as well as documents granted by the system the status of an executive bond by a decision of the Council of Ministers, which reflects a trend towards enhancing the recognition and integration of modern legal tools. With the judicial system.
The system dealt with the case of bonds that include obligations whose implementation cannot be verified through the bond itself, as it allowed the right holder to submit an application for implementation accompanied by a report from an accredited expert body proving the implementation of the obligation, which enhances the accuracy of the procedures and prevents disputes related to the implementation of unclear obligations.
Conditions for implementing foreign judgments
The system established precise controls for the implementation of foreign judgments and orders, as it stipulated the principle of reciprocity, in addition to several conditions, including the lack of exclusive jurisdiction of the Saudi judiciary. The dispute, the absence of a previous lawsuit in the Kingdom, ensuring that the opponents are properly represented, that the ruling has final status, and does not conflict with a local ruling or public order.
These controls also included the implementation of arbitrators’ rulings, settlement agreements, and notarized documents issued abroad, in accordance with international agreements to which the Kingdom is committed.
Enabling the debtor to request that the creditor be forced to fulfill his right.
Among the most prominent features of the system is providing the debtor with the opportunity to To submit a request to the court to oblige the creditor to fulfill his right if he refrains from doing so despite being proven by an executive document, where the court orders the creditor to fulfill, and if this is not possible, the court proves the incident and takes the necessary measures to ensure that the debtor fulfills his obligation, taking into account the costs resulting from the implementation expenses.
Regulating the registration of implementation requests and grievances
The system organized the procedures for registering implementation requests, as it obliged the competent administration to register the application after verifying that it fulfills the regulatory requirements, in accordance with Forms and procedures determined by the Ministry.
If registration is denied for not completing the requirements, the applicant is given ten working days to complete them, otherwise the application is considered rejected.
The system provides the right to appeal the non-registration decision within ten working days, in accordance with the approved statutory procedures, in a way that enhances guarantees of procedural justice.
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