Conservative reservation and executive reservation
The enforcement system in the Kingdom of Saudi Arabia is responsible for regulating enforcement procedures on the assets of a debtor who refuses to pay.
Precautionary seizure or executive seizure is imposed on funds owned by the debtor, including real estate, debts to others, stocks and bonds, deposits, shares in companies, and movables such as cars, etc.
A precautionary seizure differs from an executive seizure in terms of the authority responsible for the rhythm of the seizure, the duration of the procedure, the purpose and goal, and the necessity of the guarantee.
What is precautionary detention in the Saudi system?
It is a preventive measure aimed at preventing the debtor from disposing of his disputed funds until the court finishes hearing the case.
A precautionary seizure occurs on real estate or movables owned by the debtor, and the creditor submits a request to make a precautionary seizure on the debtor’s funds if he fears that these funds will disappear or that he will dispose of them in a way that harms the creditor, provided that there are convincing reasons or evidence accepted by the court.
For example, the landlord may request a precautionary seizure of movables within the property to ensure that the tenant pays the wages due.
Conservative reservation and executive reservation
What are the conditions for precautionary detention?
- The existence of a religion or right at the time of performance.
- The existence of an existing lawsuit in court.
- The creditor must provide reasons acceptable to the court.
Conservative reservation and executive reservation
What is executive booking?
It is the seizure of the assets of the debtor who has refused to pay in order to carry out forced execution on them pursuant to a final judicial ruling issued by the enforcement judge or pursuant to an executive document in the event of performance.
Enforcement of the debtor’s assets shall be carried out in accordance with the provisions of Article 34 of the Enforcement Law. The Enforcement Court shall supervise the procedures for notification and enforcement of the debtor’s assets.
The court may contact the competent authorities and make an executive seizure of the funds of the person against whom the execution is being carried out at the Central Bank or of his dues to government agencies and others.
What is the difference between a precautionary reservation and an executive reservation?
Jurisdiction
Precautionary seizure is within the jurisdiction of the court hearing the dispute, while executive seizure is within the jurisdiction of the enforcement court.
Procedure time
A precautionary seizure is made before or during the consideration of the case or before the final judgment is acquired, while an executive seizure is not made until a final judgment is issued by the enforcement court.
Purpose and purpose
The purpose of making a precautionary seizure is to ensure that the debtor does not dispose of his money during the trial period and to prevent his escape outside the country.
The purpose of executive seizure is to sell the seized money in order to pay off the debts owed by the debtor in accordance with the procedures contained in the enforcement system.
Implications
A precautionary seizure does not result in forced execution of the debtor’s funds, while an executive seizure results in execution of the debtor’s funds due to his refusal to pay.
Warranty
To make a precautionary seizure, the seizure applicant “creditor” must provide a guarantee or guarantor that guarantees the rights and funds of the debtor from damage, and the creditor is obligated to compensate in the event of damage or loss of the funds, unlike an executive seizure for which no guarantee is required.
How long is the precautionary detention?
How long is the precautionary detention?
A precautionary seizure of the debtor’s assets is made until the case is decided, and the seizure ends when the case expires or the reasons for the seizure disappear.
When does a precautionary seizure turn into an executive seizure?
A precautionary seizure does not turn into an executive seizure unless a ruling is issued by the enforcement court stipulating that the person against whom the execution is issued is obligated to pay the debt owed to the person requesting enforcement “the creditor”.
Conservative reservation and executive reservation
Enforcement cases require a specialized lawyer from the office of Attorney Abdul Majeed Al Rashid who has extensive experience in enforcement procedures to recover your rights from others.
An enforcement lawyer from the office of lawyer Abdul Majeed Al Rashid specializes in providing various legal services, including submitting enforcement requests to the competent court, following up and reviewing requests, representing clients before government agencies, attending sessions before enforcement courts on behalf of clients, and other services.
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