As part of its ongoing efforts to strengthen the judicial system, Qatar has introduced Judicial Enforcement Law No. 4 of 2024, a groundbreaking law that reshapes how judgments are enforced.
The law focuses on speeding up legal processes, embracing digital solutions, and introducing new tools to protect financial and commercial activities.
Establishment of a Dedicated Enforcement Court
One of the most important changes in the new law is the creation of a dedicated Enforcement Court. This new court takes over from the previous enforcement department and aims to make the process of enforcing judgments faster and clearer. The court will handle all matters related to enforcing decisions, such as writs of execution, arbitration awards, and recovering debts. The goal is to make the enforcement system more efficient and reduce the workload on existing courts.
The law also emphasizes the role of the enforcement judge, giving them authority to manage the enforcement process, seize assets, and take measures against debtors. Judges now have the power to enforce rulings related to a wide range of assets, including movable property, real estate, and financial assets. They can also issue travel bans, order debtor imprisonment, and restrict business activities if the debtor is obstructing enforcement.
Streamlining the Enforcement Process
A key focus of Law No. 4 of 2024 is the shift towards digitalisation. Enforcement requests will now be filed electronically, cutting down on paperwork and improving communication between courts and those involved in legal cases. Notices will be sent to the debtor's national address, which simplifies the process and helps speed up enforcement.
Additionally, judicial auctions will now be conducted electronically, making it easier to sell assets and distribute proceeds to creditors. This shift to online platforms ensures quicker, more transparent enforcement.
Cheques and Lease Contracts as Enforceable Documents
One of the most significant improvements under the new law is that cheques and lease contracts are now considered enforceable documents. This means that creditors can directly enforce these documents without having to go through a lengthy court process. This change is particularly important for addressing the issue of bounced cheques, which has been a common problem in Qatar. By giving cheques immediate enforceability, the law aims to boost confidence in financial transactions and reduce the court's workload.
Property owners can also enforce lease contracts more quickly, especially in cases of eviction, without needing to file a full lawsuit. However, this quick enforcement only applies to evictions, and other claims, like unpaid rent, will still require a separate legal process.
Comprehensive and Transparent Enforcement Procedures
The law establishes a clear, structured process for enforcement, ensuring that judicial orders are executed fairly and transparently. Some of the core procedural elements include:
Pre-Enforcement Notification: The judgment debtor is to be formally notified of the enforcement action, giving them maximum of 10 days to voluntarily comply with the judgment before coercive measures are initiated.
Asset Seizure and Sale: Upon the debtor's failure to comply, the Enforcement Court may order the seizure and sale of the debtor's assets. The law provides detailed regulations governing the attachment and sale of movable and immovable property, ensuring that these processes are conducted in a manner that maximizes value recovery while maintaining procedural fairness.
Appeals against Enforcement Decisions
The Judicial Enforcement Law No. 4 of 2024 sets out clear and structured rules for appealing enforcement decisions. Parties affected by an enforcement order or decision can file an appeal with the Appellate Division of the Enforcement Court within 10 working days from the date they are notified or become aware of the decision. Importantly, the appeal itself does not automatically suspend the enforcement process. This prevents debtors from using the appeals process to unduly delay the execution of judgments. However, the appellate court has the discretion to temporarily suspend enforcement if it determines that the judgment is likely to be overturned or if there is a credible risk of serious and irreparable harm to the debtor if enforcement continues.
The appellate court must decide on the appeal independently of the original enforcement case and render its judgment promptly. Additionally, the appellate ruling is considered final and not subject to further appeal, ensuring swift resolution of disputes while maintaining fairness in the enforcement system.
Penalties for Blocking Enforcement
To strengthen the enforcement system, the law includes stricter penalties for those who try to avoid enforcement. People who hide assets, refuse to comply with court orders, or interfere with the enforcement process can face up to three years in prison and fines of up to 100,000 Qatari Riyals. These harsher penalties are meant to deter non-compliance and ensure the enforcement process is smooth.
Qatar's Judicial Enforcement Law No. 4 of 2024 represents a major step forward in the country's legal system. By establishing specialised enforcement courts, giving judges more power, digitising the enforcement process, and making cheques and lease contracts easier to enforce, the law makes Qatar's legal system more efficient and transparent. These changes will help businesses, reduce financial crimes, and ensure that justice is delivered swiftly, making Qatar's justice system more accessible and effective
Originally published September 18, 2024
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