The executive document means that this document is enforceable by the court, unlike the rest of the other documents, which are not subject to execution. Accordingly, the executive document is not dependent on judicial rulings only, because it may be a document of agreement and conciliation issued by the court.
But the question is: When does the executive bond nullify? What are its conditions and does it have a certain validity period?
To answer these questions, follow us in this article, where we will mention everything related to the executive bond in detail………………
What is an executive bond?
The executive document is:
- Decisions, orders, and rulings issued by the court.
- Commercial papers and notarized documents.
- Judgments pertaining to the arbitrators, which included the execution order according to the arbitration system.
- Reconciliation minutes are issued by the competent authority, and the court ratifies them.
- Judgments, judgments related to the convicts, as well as judicial orders issued from foreign countries.
- The papers whose content is acknowledged, whether in part or in whole, in addition to the papers and contracts that include the power of the execution document according to the court system.
Conditions to be met in the executive document
There are some conditions that must be met in the executive document, which are:
- The bond should not be in violation of the laws of the Kingdom or the Islamic Sharia, so the judge must examine the bond, and in the event of any violation, whether the violation is in violation of the laws of the Saudi system or Islamic Sharia, the bond is not executed.
- The right claimed in the document must be specific, and no decrease or addition is acceptable, in order to prevent the dispute arising due to the division of the right.
- Also among the conditions of the executive document is that the right be present at the time of execution, and it should not be postponed or linked to something else.
- The right should be stable and firm, so that it is not the subject of dispute and disagreement, and in the event of a dispute, the competent court will rule on the matter.
- The fact that the document is not subject to appeal: This is because the Saudi system emphasized that the executive document that accepts the appeal by normal means is not accepted, but if it is by non-ordinary methods, then the bond is accepted.
- That the bond be binding on a specific right until the bond is accepted.
- The bond must be issued after the enactment of the new implementation system, which is on 4/18/143, meaning that any bond issued before that date is not accepted, as the bond must be issued after this date.
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When does the executive bond nullify?
The executive document is a mandatory document between the debtor and the creditor, and it aims to assure the debtor of paying the amount owed and his commitment to it based on a specific document, and if there is a defect in one of the conditions that must be present in the executive document, which we mentioned in the previous paragraph, then the executive document is void.
For example:
- It is known that the promissory note nullifies its validity if 3 years have passed since the specified maturity date and the amount has not been committed, but the holder of the right has the right to go to the trial court and present the promissory note as evidence to prove his right.
- As for the commercial papers, they are part of the executive document as we mentioned, and formal conditions are required in them, in addition to a set of data that must be available in the commercial paper in order for it to be an executive document, and if there is a defect in any of the conditions, then the executive document is invalid.
- In the event that one of the conditions mentioned in Article No. 9 of the execution system is not met, the executive document is invalid, and among the most important of these conditions is that the document is fulfilled and specified with regard to its ability and that it is in the state of performance.
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The validity period of the executive bond
The strength of the executive bond lies in:
- Either it is by the authority that issued the bond, given that it is authorized to issue executive bonds.
- The source of the power of the bond will be its ratification by the authorized body of the system.
- Or the fact that the conditions set in the executive document by the system, such as commercial papers, are the source of strength.
The execution judge is responsible for issuing the bond to the debtor after the court has stamped the order, The order must be accompanied by a certified copy of the executive order, and the name of the judge and the name of the court must appear in it in addition to the seal.
The duration of the lapse of the executive bond depends on the type of bond, for example in commercial papers:
- The validity of the bond is for a period of 3 years.
- The validity of the bills of exchange is 4 years.
- The validity of the check is that it is cashed at a time, but it is better to be cashed within 6 months.
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Can the executive bond be appealed?
Yes, and the promissory note is considered one of the executive documents, and therefore The dispute for the execution of the promissory note is considered a form of objection to the promissory note, and it is submitted in the event of an objective defect in the validity of the promissory note, so that the procedures for executing the promissory note are prevented or stopped.
The competent judge will review the situation and issue a decision to suspend execution, until the appeal case that was filed is verified, and no decision will be issued unless this case is verified.
According to the Saudi system and law, it is possible to request a dispute for the execution of a promissory note in an urgent and immediate manner, and in this case, the court takes the ruling in the first session and it is possible to increase the number of court sessions if the court so desires.
Steps to challenge an executive document?
The steps to challenge an executive document are to do so electronically through:
- Log in to the Najez website.
- Then you log in through the national login.
- After that, you click on submit the application and specify the type of application.
- Then you fill in the information in the application form.
- After completion, you click on Save and Continue.
- After that, you are asked to fill in some data related to the executive document, with the entry of the necessary documents for that, as well as pressing Continue and Save.
- Then your order number will be sent.
When can the executive bond be appealed?
The execution of executive documents, whether they are final judicial rulings, arbitrators’ rulings, or even foreign rulings, falls within the jurisdiction of the execution judge, and also violates commercial papers, documents, and notarized contracts belonging to the debtor.
The judge verifies the validity of the executive document through the fact that it fulfills the required conditions. He also makes sure that the document is not contrary to the law or the Islamic Sharia, in addition to being specific, at the time of performance, and the right is established.
Among the matters within the competence of the execution judge are:
- Executive disputes, whatever their value and that is based on the summary judgment.
- The bond is challenged if it does not meet the formal conditions if it is forged if it is contrary to the regulations or Islamic law, and if it exceeds the limitation period stipulated in the system, and this is also within the competence of the execution judge, according to Article No. 3 of the executive regulations of the bond system.
- Also, the execution judge challenges the executive document in the event that the right expires as a result of the reconciliation, or the fulfillment of the right.
- As for the disputes arising from the subject matter of the right attached to the executive document, it is the one that is within the jurisdiction of the subject matter judge, according to Article 3 of the execution system.
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The competent authority to challenge the executive document
The competent authority to appeal against the executive document is the execution judge, in terms of challenging the executive document in the event that the right has expired as a result of the reconciliation, or the fulfillment of the right.
As for the disputes arising from the subject matter of the right attached to the executive document, it is the one that is within the jurisdiction of the subject matter judge, according to Article 3 of the execution system.
The best lawyer in the Execution Court in Riyadh
If you have a dispute related to business and want to resort to litigation, do not hesitate to contact the commercial system experts at Al Othman Law Firm, because they have legal experts that extend their expertise For more than 15 years in commercial systems, and experience their staff of consultants exceeds more than 22 years in Saudi commercial systems, and Al Othman Company includes the best commercial lawyer in Saudi Arabia, Riyadh.
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Conclusion
And to this, we have come to the end of the article, in which we answered the question that many ask, which is: When does the executive bond become invalid? In addition to a lot of information on this subject, which we hope will benefit you.
