Ayman shape
The Legislative and Legal Opinion Authority organized the lecture of developments that took place on implementation and the special implemented, presented by Judge Rashid Al -Sahaf through an electronic lecture and was entitled: “The Special Empowerment and Modern Developments in Implementation”.
The Judge Al -Sahaf indicated that “the private executor is the person who was granted a license from the minister to carry out the work and procedures of implementation stipulated in the law and the decisions and organized for him. On accounts and reservations on real estate, shares and bonds, if the value of the executive bond exceeds 10 thousand dinars, then it is less The procedures are taken after 15 days, as well as the seizure of vehicles if the value of the executive bond exceeds 300 dinars, if the lesser procedures are taken after 15 days, and the reservation of revenues, shares and movables, and he said: “It is permissible for a judge of the implementation court to order the seizure of the real estate of the executor against him. Or any of his movables at any time whenever he sees it appropriate. ”
In the event of the death of the perpetrator against him or the loss of his eligibility, the Judge Al -Sahaf affirmed that “it is not permissible to implement his heirs except after the announcement of the heirs and after a month from the date of their announcement, as the heirs are not implemented except within the limits of the legacy of their inheritance, and not in their personal money ».
The value of the seized funds is suitable for the value of the executive bond
Al -Sahaf indicated that it is permissible for the executor against him if he proves that his money greatly exceeds the subject of the executive bond that one of the money seized to implement it is proposed for the seizure of the rest of his money, and it is also permissible to griev over the judge’s decision within 7 days, and to resume this grievance during the same period.
He said that the minimum amounts that are not permissible to be seized is an amount of 400 dinars, so it is not permissible to seize or implement it unless the debt is related to alimony or to implement the threatening fine.
Prevention from traveling
The Judge Al -Sahaf pointed out that the judge of the implementation court, at the request of the perpetrator, may issue an order to ban the executor against him from traveling for a period not exceeding 3 months, which can be renewed for other similar periods, and a maximum of three times, and pointed out that the issuance of the travel ban is not without the implementation of the deportation ruling Al -Bat issued against the perpetrator against him, or the authority of the administration to end the establishment of the foreigner or his order to leave the country in accordance with the provisions of the law.
Anticipation
Al -Sahaf pointed out that if the executor’s money is not sufficient to pay the debt in place Against him.
The Judge Al -Sahaf touched on the implementation procedures for the legal person and commercial companies, explaining that the new implementation law has stipulated that its provisions on commercial companies in accordance with the law of commercial companies, but he excluded from them the financial institutions licensed under the Central Bank of Bahrain Law, and said that the law stipulated on A set of procedures and requirements for commercial companies.
In the third axis of the lecture, the Judge Al -Sahaf dealt with implementation procedures for financial institutions, indicating that if the executor is licensed by the Central Bank of Bahrain and financial institutions issued by Law No. (64) of 2006, the issue is referred to the Central Bank to take the legal measures stipulated in The law, and the central bank issues a decision to determine the rules and procedures of implementation it follows towards the licensee and those subject to its procedures.
He said: «The category of banks has been determined to apply for the legal procedures stipulated in this part, without the rest of the other categories so far, while it applies regarding the procedures for in -kind implementation on the port against them from the bank category to determine the rules and procedures of in -kind implementation.
He pointed out that the port against him may apply for the full executive bond, and the fulfillment of the required documents and data, and to provide what is useful to fulfill the debt in the full executive bond or complete in -kind implementation, and announce the perpetrator to pay the full payment, the end of the implementation of the executive bond, and in the event of not The payment of the debt in the full executive bond or the full in -kind implementation within a week from the date of the submission The request for fulfillment, the file is closed and the necessary measures are taken for that and the paid fee is not returned.
In -kind implementation procedures
The procedures for the in -kind implementation begin according to what the lecturer mentioned automatically from the date of the applicant to implement the implementation, and the request must include the port of the executor and its entire agent, the executor against him and his agent, and the executive bond with the attachment of a copy, from the announcement of the executor against him by the in -kind implementation decision of announcing the opening of the implementation procedures, In all cases, the executor against him is obligated to expenses and judicial fees related to deposit or guarding or Selling or related to the implementation of the commitment of action unless the port is enabled from the place of the executive bond.
The calculation of expenses on the port is stopped against him from the time of enabling the port from the place of the executive bond, and the port bears him, which is more than that later.
Threatening fine
The journalist said: “If the perpetrator against him does not implement the in -kind implementation within a period of 10 days from the date of his announcement by requesting the in -kind execution, then the executor may ask the execution judge to be sentenced to the threat of the executor against him to carry him on the implementation, and if the execution judge sees that the amount of the fine is sentenced to it Not enough to carry the executor against him on implementation, the judge may increase in it whenever he sees a call to increase, the threat fine It is only the absence of obedience to the implementation of the in -kind part of the executing bond.
The threatening fine shall be made according to a ruling issued in the preacher of the rulings, as well as the increase in the fine is according to a ruling.
The port against him may appeal the ruling issued by the threatening fine or by increasing it directly before the major court in its appeal after paying the prescribed fee, and the ruling issued in the appeal will be final. If the executor appears against him that the in -kind implementation is not possible to stop the implementation procedures.
