Qatari lawyer Khalid Al Harmi
Doha, Qatar: A prominent Qatari lawyer Khalid Al Harmi will highlight the importance of the newly introduced Judicial Enforcement Law at Business Law Forum 2024 taking place today.
Al Harmi will participate in Qatar Business Law Forum, as a silver sponsorship of the forum. During third panel discussion, he focused on the creation and activation of the Judicial Enforcement Law, which came into force on November 19, pursuant to Law No. 4 2024.
Al Harmi will express the importance of the new law in its role in curbing negative phenomena, alleviating the burden on litigants, and combating those who manipulate and break the law in lawsuits.
He said that lawsuits for example in the cases of cheque without funds amounted to nearly 36,000 in 2023, according to the statistics of the Supreme Judicial Council (SJC).
Judicial Enforcement Law No. 4 of 2024 aims to speed up litigation procedures and consolidate the concept of prompt justice in the implementation of judgments by developing litigation procedures and creating effective and advanced legislative mechanisms.
This is to eliminate negative phenomena that hinder implementation from the reality of the local community on the one hand, and benefit from comparative legal experiences and best international practices in line with the public order in Qatar, especially regarding the implementation of foreign judgments and official documents on the other hand. The judicial sector has recently witnessed many legal challenges regarding the phenomenon of issuing cheques without funds and disputes regarding the eviction of rented properties.
The new law adopted an expanded concept of executive bonds, which include judgments and orders issued by courts, arbitrators’ rulings, foreign official judgments, orders and bonds, official papers that the law gives the force of an executive bond, cheques, and registered or authenticated lease contracts from the competent authority.
The law included a new text whereby the cheque is given the force of an executive instrument without the need to file a lawsuit with the competent court of first instance, which will have the greatest impact in alleviating the burden on litigants and combating manipulators and outlaws.
Article 23 of the law stipulates that “a cheque marked by the drawee as having no balance or insufficient funds or marked as partially paid shall be an enforceable instrument, and the beneficiary shall have the right to take the necessary enforcement measures directly against the drawer to collect the value of the cheque or the remainder thereof in the event of partial payment, pursuant to a request submitted to the competent enforcement judge.” The law also considered the registered or authenticated lease contract as an enforceable document, which would facilitate the applicant for enforcement if he wished to vacate the property upon the expiration of the contract term, according to the law.
Among the most prominent provisions of the new law is the establishment of a specialised court for execution and granting broad powers to the execution judge to expedite the execution of judicial rulings, including his authority to take the necessary precautionary measures, and impose strict penalties on all those against whom execution is being carried out or anyone who obstructs the execution procedures.
