أوامر الأداء بين المعمول و المأمول : دراسة تحليلية

Abstract EN

Introduction and main objective: Normally, in the event of creditors’ failure to obtain or protect any of their rights, they can institute legal proceedings, however, to make it easier, and as an exception to that way, UAE legislator promulgated another means whereby creditors, with debts owing to them proved in writing, can obtain their rights: Order of Payment.

UAE legislations set out specific rules intended to streamline order of payment - related procedures and timeframe.

This research is intended to explain and analyze such rules and examine relevant amendments introduced by UAE legislator.

Method used: analytical methodology was used to analyze new provisions stipulated by UAE Federal Civil Procedure Code Regulation as compared with the old (repealed) provisions.

Research findings: Research summed up with that the order of payment was a third means or method of litigation the legislator has made mandatory for creditors to follow for the collection of their debts which are: proved in writing; are due for payment; are debts of fixed amounts of money or a movable specified with a type and an amount.

As per the Regulation, the concerned judge may accept or reject creditors’ applications based on fulfillment of legal requirements.

Recommendations: Research recommended that order of payment system be optional, and that the time bar of grievance and appeal against order of payment be reduced in line with the system’s intended purpose.