How is Article 322 of UAE Civil Procedure Law interpreted?

Dear Questioner,

The phrase "the refusal from execution is attributed to them personally" applies to both "any other person" and "who represents the company legally."

This means that in order for the manager or partner of a company to be detained, it must be proven that they personally refused to execute the writ.

This could include actions such as hiding assets, refusing to pay debts, or obstructing the execution process in any way.

It is not enough to simply prove that the company as a whole is refusing to execute the writ; the individual must be personally responsible for the refusal.

Ezz

Badr Legal Consultant

Greetings,

The abstention intended here must be issued by a person legally authorized to do a certain thing, and therefore the legal capacity must be proven.

For further inquiries about your topic, you can visit our office or contact us on WhatsApp or email.

Dear Questioner,

Based on the language of Article 322 of the UAE Civil Procedure law, it appears that the requirement for proving refusal from execution is attributed to both the person who represents the company legally and any other person.

This means that in order to put the manager or partner of a company in jail for non-compliance with a court order, you would likely need to demonstrate that the refusal to execute the writ is directly attributed to them personally.

It is important to consult personally with us for specific advice on how to proceed in such cases.

Dear Questioner,

Thank you for your question regarding the interpretation of Article 322 of the UAE Civil Procedure Law.

Article 322 indeed provides for the imprisonment of a person representing a debtor company or any other person if their refusal to execute is attributed to them personally.

To clarify, the phrase "the refusal from execution is attributed to them personally" applies to both "who represents the company legally" and "any other person."

This means that if you are seeking the detention of the manager or partner of a company, you would need to prove that their refusal to execute the writ is attributed to them personally.

The burden of proof lies in demonstrating that the individual in question is personally responsible for the refusal to comply with the execution order.

If you need further assistance or a more detailed explanation, I would be happy to discuss this matter with you.

Please feel free to contact me through WhatsApp or phone at [-----].