Conditions of the Executive Instrument Under the UAE Federal Civil Procedure Law

Sarah Abdullah

Legal Researcher at Zayed Al-Shamsi Law Firm and Legal Consultations 

The judicial enforcement stage is one of the most crucial phases a creditor goes through to recover their rightful dues under the law. It allows the right holder to resort to compulsory enforcement authorities to collect what is owed. The UAE Civil Procedure Law has organized this stage carefully, emphasizing that enforcement cannot proceed unless there is an executive instrument that meets certain legal conditions.

This stage is essential to ensure respect for judicial rulings and to accelerate the collection of entitlements without the need for new legal disputes.

What is an Executive Instrument?

An executive instrument is a formal document that gives the right holder direct access to compulsory enforcement, provided it includes:

• A proven right,

• A clearly specified amount, and

• A debt that is due for payment.

Legal Basis

Federal Decree Law No. 42 of 2022 concerning the Issuance of the Civil Procedure Law stipulates that:

“Compulsory enforcement may only occur by virtue of an executive instrument, and only for a right that is confirmed in existence, clearly determined in amount, and currently due.”

Recognized Executive Instruments

As per the law, the following are considered valid executive instruments:

1. Judgments and court orders, including:

   • Criminal judgments to the extent they involve restitution, compensation, fines, or other civil rights.

2. Notarized documents, issued in accordance with the applicable laws on notarization and attestation.

3. Settlement minutes ratified by the courts.

4. Other documents granted executive force by law.

Enforcement Formula (Execution Clause)

To enforce the instrument, it must bear an execution formula, which is a legal command stating:

“The competent authorities shall proceed to enforce this instrument and carry out its implications, and shall assist in its enforcement—even forcibly—when requested.”

Importance of Legal Conditions

Before initiating enforcement, the creditor must ensure that the executive instrument meets all legal requirements. Without this, enforcement cannot legally begin. These conditions safeguard both the fairness of the process and the efficiency of execution.

Debtor’s Right to Object

If the debtor believes that the executive instrument does not meet the required legal conditions, they may file a substantive enforcement dispute. If successful, this can lead to the cancellation of all enforcement procedures.

Conclusion

Possessing a properly constituted executive instrument is a legal prerequisite for initiating compulsory enforcement. Both creditors and debtors should understand these conditions to effectively protect their rights and avoid unnecessary legal complications.