The travel ban in the UAE`s legislation | ABC Law Firm | 0543137555
The travel ban is an urgent action that a creditor can do to guarantee his\ her rights, to ensure that a judgment is executed in his\ her favor or to oblige the defendant to enforce the court’s decision.
There are many cases of the travel ban, including but not limited to:
Firstly: a creditor may request the competent judge to ban the debtor from travel, if serious reasons from which there would be risk of the debtor’s escape, before executing any judgment that may be handed down in favor of the creditor and there must be several conditions for the creditor to be entitled to travel ban:
- the debt was not less than Ten Thousand Dirham unless it was established alimony,
- the amount of debt shall be known, receivable and not restricted by conditions.
- in case the value of was unknown, a judge shall estimate the same temporarily if the debtor relied on written evidence or if the creditor shall submit a guarantee acceptable for the court to guarantee the compensation of any damage or harm inflicted on the debtor due to the travel ban, should the creditor be found to have no right in the claim.
secondly: execution judge of personal status matters, in any of the cases referred to in articles 149 and 151 of the Federal Law No. 28 of 2005 on personal status, issue an order banning travel of the children in custody.
thirdly: execution judge may issue a travel ban against the debtor if he or she does not pay the ordered amounts.
fourthly: a judge may issue a travel ban against the debtor in case of issuance of judicial decision to pay a sum of money, the judge may rule to ban the debtor from travel and even if the sentence is not final. travel ban
How to drop a travel ban:
the competent judge shall order to drop the order in the following circumstances:
- If any of the conditions necessary for the travel ban order is no longer applicable.
- If the debtor agrees in writing, to drop the order.
- If the debtor submits a sufficient bank guarantee or a solvent bondsman accepted by the judge.
- if the debtor deposits with the court`s treasury an amount equivalent to the debt and expenses.
- If the creditor fails to submit to the judge a document showing institution of the claim of the debt within 8 days from the date of issuing the travel ban, or if the creditor failed to start execution of a final decision issued in his favor within thirty days from the date such decision became final.
- If three years have elapsed as from the date of the last valid procedure of execution of the final decision of the debt in relation to which the travel ban was issued, without an application submitted by the judgment creditor to the execution judge to continue the procedure for execution of such judgment.
and it is advisable to obtain legal advice to ensure that actions are taken at the required speed for fear of the debtor’s escape and the loss of guarantees of the right.
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