Claim of non-maturity of the executive bond
Implementation is considered the most important stage of the lawsuit, as this stage comes after the completion of all lawsuit procedures and the issuance of a final judicial ruling by the competent court requiring the implementation of the ruling and the recovery of rights from the debtor.
The enforcement system is responsible for determining the powers of the enforcement judge, the terms of the executive instrument, cases of non-maturity of the executive instrument, requesting a deadline for implementation, etc.
What is meant by an executive bond?
Article Nine of the Implementation Law stipulates that the definition of an executive bond includes:
- Judgments, decisions and orders issued by courts.
- Arbitrators’ rulings attached to the execution order.
- Reconciliation reports issued by the competent authorities.
- Commercial papers.
- Notarized contracts and documents.
- Judgments, judicial orders, arbitrators’ rulings, and documents notarized in a foreign country.
- Ordinary papers whose content is acknowledged to be due in whole or in part.
- Contracts and other papers that have the force of an execution deed under the system.
Terms of the executive bond
- The amount must be specified.
- Performance status.
- The presence of the executive formula.
- Not violating the provisions of Islamic Sharia and the regulations in force in the Kingdom.
What is a claim for non-maturity of an executive bond?
What is a claim for non-maturity of an executive bond?
It is the lawsuit that arises due to the executive bond and is filed by the executor against him when one of the elements of entitlement is disturbed.
The person against whom the executioner is executed has the burden of proving that the execution applicant is not entitled to the debt included in the execution bond.
What are the invalidations of an executive bond?
- Payment by the debtor “against whom it is executed” of the value of the debt contained in the executive bond, whether in part or in full.
- Lack of a legitimate reason, such as the absence of a sales contract between the person requesting implementation and the person against whom the implementation is carried out.
- No signature.
- Forging the signature or value of a bond for an order.
- If one of the formal conditions of the executive bond is missing, such as a lack of some basic data such as the beneficiary’s name or the claim amount.
Can I object to an executive deed?
The person against whom the execution is carried out may refrain from accepting and objecting to the executive instrument by submitting a request for a temporary stay of execution to the judge of the execution court, and then filing a lawsuit with the court competent to consider the subject of the executive instrument.
The reason for not filing the lawsuit directly with the Enforcement Court is that the Enforcement Court does not have jurisdiction to adjudicate disputes related to the subject of the lawsuit “nullification of the executive document” and its jurisdiction is limited to issuing or rejecting the enforcement decision.
Does the person against whom the execution is carried out have the right to request a period of time from the execution court?
The person against whom the payment is made has the right to submit a request for a payment deadline to the enforcement court to postpone the payment date for all or part of the amount, provided that reasonable reasons are presented that are acceptable to the court.
Can the executive bond be cancelled?
Can the executive bond be cancelled?
The execution requester can waive and cancel the executive bond by logging in to the Najiz platform and following the following steps:
- From the home page select “execute”
- Access the service “Request to terminate the executive bond“
- Click on the icon “new request”
- Select the execution request to be terminated.
- Click on “Terminate Executive Bond”
- Determine the reason for termination, such as the executor fulfilling the obligation after the issuance of the executive bond.
- Submit the application.
Enforcement cases require a specialized lawyer from the office of Attorney Abdul Majeed Al-Rasheed who can follow up on enforcement requests and plead in them to restore rights and funds to others.
An enforcement lawyer from the office of Lawyer Abdul Majeed specializes
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