Legal Highlights

Matters Outside the Power of an Execution Judge

The execution judge shall have the authority to decide on execution disputes whatever their value in accordance with the provisions of the summary court. The execution judge has the authority to take decisions and issue orders related to execution and may ban travel and lift travel restrictions, order detainment and release, order disclosure of assets, and hear claims of insolvency. (Article 3 of the Execution Law). 

The Saudi Legislature, pursuant to Article (2/3) in Executive Regulations to Execution Law (“the Executive Regulations”) 1439H, defines certain matters outside the scope of the execution judge’s jurisdiction. The execution judge shall have no jurisdiction over matters that do not require forcible execution, such as annotations for transfer of title for the ownership of real estate deeds in respect of which a judgment was rendered by the subject matter judge on the transfer of ownership. 

Every dispute relating to a right is subject to the jurisdiction of the subject matter judge, such as disputes concerning ownership title on the property subject to enforcement, disputes related to a title of the property subject to execution, or disputes related to breach by the contracting parties,  such as construction and supply contracts.  Article (3/4) in Executive Regulations to Execution Law 1439H). 

Every dispute that may occur after the lapse of execution which does not arise from the authority of the subject judge like a pre-emption (shuf'ah) claim, and entitlement to the sold items or usufruct, or disputes over entitlement in bequests and endowments remains the authority of the subject judge. (Article 3/7 and 8, Executive Regulations to Execution Law 1439H).