المملكة: Executive detention for up to 180 days, with exceptions for those under 18 years of age, pregnant women, and those with illnesses

Acknowledge The new execution systemis resorting to executive imprisonment as an escalating measure after thirty working days have passed since the start of forced execution procedures without the person executed against him complying, where the court may, upon the request of the person seeking execution, issue an order to imprison him to force him to carry out the execution for a period not exceeding one hundred and eighty days, with the possibility of extending it in accordance with the statutory controls.

However, The systemestablishes clear exceptions that take into account humanitarian and social considerations, as it is not permissible to imprison a person who has not reached eighteen years of age, or a person who is medically proven to be suffering from a disease that cannot tolerate imprisonment, or a pregnant woman, or someone who has a child under the age of two, in addition to prohibiting the imprisonment of those who are directly related to the person requesting the execution by ascendants or descendants.

The system stressed that executive imprisonment does not result in the forfeiture of the right subject to the executive document, which means the continuation of claiming the right even after the expiration of the period. Imprisonment.

Implementation in Personal Status

With regard to personal status issues, the system stressed the direct implementation of executive documents related to custody and visitation, even if this required the assistance of the competent force or entering homes when necessary, with re-implementation whenever necessary.

It approved the application of direct enforcement procedures to those who abstain in this type of case, taking into account the nature of these issues and their special circumstances, in a way that ensures the best interest is achieved. For the child in custody, especially with regard to organizing the visit in a way that is appropriate to the circumstances of implementation.

Direct enforcement on private legal persons

The scope of the system was extended to include private legal persons, as it stipulated the application of direct enforcement provisions to any employee of these entities who causes obstruction of implementation, in accordance with controls specified by the executive regulations.

The system required the organization of special enforcement procedures commensurate with the nature of these entities, ensuring that they do not become a means of obstructing the implementation of judicial rulings or evading obligations. Financial.

Clear mechanisms for the expiration of an execution request

The system has precisely specified cases of expiration of an execution request, the most prominent of which is fulfillment of the right subject to the executive document, or it is proven that there are no funds for the person executing against it, or the exhaustion of all enforcement procedures without result, or the impossibility of implementation, or the parties agreeing to terminate the request, or the debtor is discharged by the creditor.

However, the system confirmed that the expiry of the request in some cases does not prevent the creditor from resubmitting the execution request if justifications emerge later. A new system, which enhances the flexibility of the system and preserves the rights of the parties.

Execution disputes… expedited settlement and final rulings

The system grants the right to every interested party to submit a dispute related to the validity of the executive document, its conditions, or the jurisdiction of the court, provided that the court decides it according to urgent procedures, ensuring that implementation is not disrupted without legal justification.

The system confirmed that the court’s orders and decisions in this framework are final in most cases, with the possibility of specifying some Disputes that may be appealed by cassation in accordance with what the competent council decides.

The system allows grievances against implementation orders and decisions within ten working days, while granting the adjudicating authority the authority to temporarily halt implementation if the interest so requires, provided that the decision issued in the grievance is final.

Continuation of implementation despite disputes

The system stressed the basic principle that the existence of an implementation dispute, a dispute over the origin of the right, or filing a grievance does not stop the progress of the procedures. Implementation is automatic, unless the competent authority decides otherwise, which enhances the speed of implementation and limits the use of disputes as a means of procrastination.

In the event of a decision to suspend implementation, all procedures and deadlines associated with it are suspended, ensuring a balance between protecting the right to litigation and preventing obstruction of justice.

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