Obstacles to Implement Judicial Rulings in the UAE Law
Prof. Sayed Ahmad Mahmoud
Professor of Civil Procedure Law & Arbitration
College of Law, University of Sharjah, UAE
Faculty of Law, Ain Shams University, Egypt
Dr. Mahmoud Ibrahim Fayyad
Associate Professor of Civil Law
College of Law
University of Sharjah, UAE
Abstract:
Instruments of Execution are of value to a creditor only if he is to receive the rights stated in them. The problem of facing material or legal obstacles hindering the obtainment of the rights preserved in courts judgments leads to dire consequences. It has direct and bad effects on legal, economic, social and, sometimes, political aspects of life. Most of the world’s countries in general and the United Arab Emirates in particular do suffer from such a problem. This study focuses on addressing this topic in the light of UAE law through a descriptive and analytical approach. The study plan deals, in the first part of it, with the executive power of courts judgments. However, in the second part, it deals with the material obstacles that face the execution of such judgments. Finally, the third part of the study addresses the legal obstacles that face the execution of these judgments, in order to find ways of eliminating these obstacles.
Keywords: executive power- courts judgments- material obstacles- legal obstacles- non achieved and delayed execution.