In Light of Article (215) of Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code
Introduction
As a general rule, judicial judgments may not be compulsorily enforced during the period in which they remain subject to appeal, given that the judgment has not yet become final and the judgment debtor continues to enjoy the right of appeal. The UAE legislator has, however, introduced exceptions to this rule in recognition of the nature of certain rights and the need for their urgent protection.
This exception is particularly significant in personal status cases due to the special nature of such proceedings and their connection with the family, maintenance and children. These are rights that may not tolerate waiting until the completion of litigation proceedings and the issuance of a final judgment.
The UAE legislator regulated expedited enforcement in Chapter Three of the Civil Procedure Code. Article (214) establishes the general rule that judgments may not be compulsorily enforced while an appeal remains available, unless expedited enforcement is provided for by law or ordered by the court. Article (215) then identifies cases in which expedited enforcement is mandatory by operation of law.
The importance of this framework lies in achieving a balance between the judgment creditor's right to obtain effective and prompt judicial protection and the judgment debtor's right to exercise the avenues of appeal prescribed by law.
First: The Meaning of Expedited Enforcement
Expedited enforcement means permitting the enforcement of a judgment even though it has not yet become final, that is, despite the continued possibility of challenging it in accordance with the law.
Accordingly, expedited enforcement does not affect a party's right to appeal, nor does it convert the judgment into a final judgment. Rather, it produces an exceptional effect by permitting its enforcement before the judgment acquires final status.
Article (214) of the UAE Civil Procedure Code provides that the general rule is that compulsory enforcement is not permitted for as long as an appeal remains available, unless expedited enforcement is provided for by law or ordered by the court. This provision clearly demonstrates that expedited enforcement constitutes a legislative exception to the general rule.
Second: Expedited Enforcement by Operation of Law under Article (215)
Article (215) of the Civil Procedure Code provides that:
“Expedited enforcement shall be mandatory by operation of law” in the cases specified by the legislator:
Expedited enforcement shall be mandatory by operation of law in any of the following cases:
a. Judgments issued in urgent matters, irrespective of the court that issued them.
b. Judgments issued in personal status cases concerning maintenance, wages and related expenses, and the increase or reduction thereof.
c. Judgments issued to hand over a child, see them, visit them or escort them.
d. Orders on petitions.
The same Article also provides that expedited enforcement shall be without a surety unless the judgment or order requires a surety to be provided.
Accordingly, the significance of Article (215) in personal status cases lies in the fact that the legislator did not make expedited enforcement in the cases specified therein subject to the court's discretion. Rather, it applies by operation of law whenever the legal description of the judgment falls within the provision.
Third: Judgments Subject to Expedited Enforcement in Personal Status Cases
1. Judgments concerning maintenance and wages
The legislator has accorded particular importance to judgments concerning maintenance and wages by expressly subjecting them to expedited enforcement.
This includes judgments concerning maintenance and related expenses, as well as judgments increasing or reducing maintenance.
The rationale is clear. Maintenance is, by its nature, connected with the living needs of the beneficiary, and delaying its enforcement until the completion of all stages of litigation may undermine the purpose for which it was prescribed.
Accordingly, a judgment issued in a maintenance case, where the provision applies, is subject to expedited enforcement by operation of law, without the need for the judge to exercise any special discretion in granting such status.
2. Judgments concerning the handing over of a child
The legislator did not limit expedited enforcement to financial matters, but also extended it to judgments ordering the handing over of a child.
This is because disputes concerning a child do not relate merely to a financial right. They directly concern the child's interests, family circumstances and the care received by the child.
Accordingly, enabling the judgment to be enforced promptly is intended to prevent the continuation of a situation that may conflict with the court's determination concerning the interests of the child.
3. Judgments concerning seeing, visiting or escorting a child
Article (215) also includes judgments concerning seeing, visiting or escorting a child.
These judgments reflect the legislator's recognition of the nature of family relationships, as delaying the enforcement of a judgment concerning seeing or visiting a child may result in the loss of dates or periods of time that cannot be compensated for in an equivalent manner.
For this reason, the legislator has provided for expedited enforcement by operation of law for this category of judgments.
Fourth: Is a Request for Expedited Enforcement Required?
In the cases provided for under Article (215), expedited enforcement does not depend merely on a discretionary request by the judgment creditor. Rather, it is prescribed by operation of law.
This differs from cases in which the court may include expedited enforcement in its judgment, upon the request of the parties concerned, pursuant to Article (216).
Article (215) uses the express wording:
“Expedited enforcement shall be mandatory by operation of law.”
Article (216), by contrast, provides that the court may, upon the request of the parties concerned, order expedited enforcement of its judgment in the cases enumerated in that provision, including certain other circumstances and where delaying enforcement would cause serious harm to the interests of the judgment creditor, provided that this is fully explained in the judgment.
Accordingly, a distinction must be drawn between mandatory expedited enforcement by operation of law, which applies in the cases specified in Article (215), and discretionary expedited enforcement, which the court may order upon the request of the parties concerned in the cases specified in Article (216).
Fifth: Does Expedited Enforcement Mean That the Judgment Has Become Final?
The answer is no.
This is one of the most important legal points that should be clarified.
A judgment subject to expedited enforcement remains open to challenge where the law permits such challenge. Expedited enforcement does not mean that the judgment has acquired final status. Rather, it permits enforcement despite the judgment not being final.
Accordingly, the judgment debtor may exercise the right of appeal or any other avenue of challenge prescribed by law, depending on the nature of the judgment and the applicable requirements for challenging it.
There is therefore a distinction between the finality of a judgment and its enforceability on an expedited basis.
The two may coincide at certain stages of proceedings, but expedited enforcement in itself does not amount to finality.
Sixth: Does an Appeal Stay Enforcement of a Judgment Subject to Expedited Enforcement?
The mere fact that a judgment is under appeal does not necessarily remove its status as subject to expedited enforcement.
The purpose of expedited enforcement is to permit enforcement before the dispute has been finally determined. To hold that the mere filing of an appeal stays enforcement would, in practice, deprive expedited enforcement of its purpose.
UAE courts have addressed the concept of expedited enforcement as a form of enforcement that may arise by operation of law and have also referred in their judgments to the possibility of seeking a stay of expedited enforcement before the competent judicial authority in accordance with the applicable rules and procedures.
Accordingly, a distinction must be drawn between the right to challenge a judgment and the effect of that challenge on enforcement. The former does not necessarily result in the suspension of the latter in respect of judgments to which the law grants expedited enforcement.
Seventh: The Legislative Rationale for Expedited Enforcement in Personal Status Matters
The UAE legislator's rationale for providing expedited enforcement in these matters may be attributed to several considerations:
First: The nature of the right. Maintenance is not merely an ordinary debt. It is a means of providing for the beneficiary's basic needs.
Second: Protection of the child. Judgments concerning handing over, seeing, visiting or escorting a child are connected with the child's interests and family relationships.
Third: Preventing the loss of a right due to lengthy litigation. Waiting for a final judgment may defeat the purpose of judicial protection.
Fourth: Achieving prompt justice. The effectiveness of the judicial process is not complete merely upon the issuance of a judgment. It also requires the judgment to be capable of enforcement at the time required by the nature of the right.
From this perspective, expedited enforcement represents one of the mechanisms for achieving effective justice and is not merely a formal procedural exception.
Conclusion
The UAE legislator has accorded particular attention to judgments issued in certain personal status matters and has not made their enforcement dependent upon the completion of all stages of appeal. Instead, expedited enforcement applies by operation of law whenever the case falls within Article (215) of the Civil Procedure Code.
This is particularly significant in judgments concerning maintenance, wages and related expenses, including their increase or reduction, as well as judgments concerning the handing over, seeing, visiting or escorting of a child.
This framework achieves a balance between competing considerations. On the one hand, it preserves the judgment debtor's right to exercise the avenues of appeal. On the other, it prevents lengthy litigation from delaying rights of an urgent financial or family nature.
Accordingly, expedited enforcement in personal status cases under Article (215) should not be understood as a departure from procedural safeguards, but rather as a legislative mechanism designed to provide effective judicial protection at the appropriate time.
By Counsel Amr Mohammed Ismail