His Highness Sheikh Humaid bin Rashid Al Nuaimi, Supreme Council Member and Ruler of Ajman, a decree amending the law of real estate rent in the emirate of Ajman, and shall be considered effective from the date of signature.
Decree No. 3 of 2016 comes after reviewing the provisions of the Federal Law No. 3 of 1983, on the Federal Judiciary, as amended, and the provisions of the Federal Law No. 5 of 1985, the issuance of the Civil Transactions, as amended Act, and the provisions of the Federal Law No. 11 for the year 1992, issued a Code of civil procedure in the state, and look at the provisions of the Amiri Decree No. 3 of 2009, issued a rent rate of property law in the emirate of Ajman as amended by Emiri Decree No. 8 of 2014, and the decision of the Minister of Justice, No. 18 of 2016, concerning the assignment of judges to head the committee disputes rents in the emirate of Ajman circles.
As this decree based on the recommendations of the President of the Executive Council came after consultation with the Chairman of the Committee disputes rents, and with the relevant local authorities in the emirate to make some adjustments in rental real estate currently in force law, which became required to enable the Commission mentioned to carry out its functions in a smooth and effective despite the increase steady in the number of rental disputes, so as to ensure the achievement of our desire to settle and resolve disputes rents in the emirate the decisions issued by the Commission mentioned under the supervision of judges, and have authentic legitimacy and Kqrarat final, decisive and to be implemented by the execution judge of the Committee, in the shortest possible time, achieves justice prompt and the interests of landlords and tenants of real estate in the emirate.
And it included amendments to the provisions of the Amiri Decree No. 3 of 2009 as amended by the Emiri decree No. 8 of 2014, in addition to a new definition to the phrase «execution judge», which means the Director judge from the Ministry of Justice, which is appointed by the Governor to the presidency of the Commission of disputes implementation department.
The amended text of articles 14/3 and 14/4 of the following provisions: If the elapsed period granted to the tenant in the declaration did not tenant attend the Committee may dispute that you are creating a temporary committee to be formed in each case from a representative of the mayor and a representative of the police and a representative of the lessor, and delegate interim Committee mentioned opening leased property in the absence of the tenant, and stripped of any valuable property can be found inside and delivery of the property -, if any, to the lessor for safekeeping to display or with any other party deems committee convenient disputes as the secretariat, and then the property is delivered to the lessor and the organization of detailed minutes of that signed by the three members of the interim Committee. As an exception to the general rules on the implementation of judgments in civil proceedings may judge implementation committee on its own, or pursuant to a request from the lessor to order the sale of any property subject to rapid deterioration exist inside the hack property or sell the value referred to in item 14 of property (3) above and the allocation the yield from the sale to pay off the amount of rent Almitrsd, if any, and any other expenses as it deems appropriate, and save the rest of the yield sales, if any, the decision of the Commission of disputes to a maximum of forty-five (45) days after which the allocation of this revenue for any purpose it deems execution judge committee appropriate.
And awarded Article 15/6 per head of Constituency Commission disputes the right to sign the resolutions issued by his department, including all correspondence relating to the implementation of those decisions either by the Implementation Committee referred to in Article 18 (2) of this decree, or by judge implementation . Committee also approved the substance of the President of the Commission a mandate from the wills of the judges and members of the disputes to sign any correspondence on behalf of the committee disputes.
Article 16/3 and confirmed that the judge implementation grants committee disputes the right in the eyes of the dispute rental may not implement any decision issued by the dispute rentals only after paying the fees determined by the municipality, from time to time and to postpone the repayment of part of the fee does not exceed the amount of half of the prescribed fee, It provided an objective and sufficient reasons, in addition to receiving the Commission disputes the decision of deferred bank check worth of deferred fees before the start of the proceedings or in the implementation of the decision of the disputes in which, according to the case.
The text of the new amendment to delete articles 18 (2) and 18 (3) and 18 (4) and 18 (5) and 18 (6) and replace it with the following material reads as follows:
- 18 (2) the implementation of the resolution issued by any of the services of the Commission of disputes on the order signed by the president of the Chamber that made the decision, and this is done force after payment of the prescribed within ten fees (10) days from the date of issuance of the decision in question and by the implementation committee formed in every individual case concerned head of the department headed by a representative of the Commission of disputes and a representative of the mayor and a representative of Ajman police and any other person or other persons required to be present during the implementation of the resolution in question, according as it may deem appropriate, head of the department concerned Nevertheless:
A. If you saw the head of the department concerned of any objective reasons not to be convinced by the possibility of implementing the resolution on the Implementation Committee by the aforementioned and the need to implement the resolution on directly by execution judge Committee.
B If you cannot for whatever reason, whatever the implementation of the resolution in question by the Committee on the above-mentioned implementation above within ten (10) days from the date of issue then and in either case the two may be the head of the relevant department of the same initiative or at the request of any interested party in the implementation of the resolution on to order the extradition of the convicted for him an original copy of the decision of the Commission of disputes stamped with the seal of the Commission of disputes and the judge with a request to force the committee to do to take measures to implement the resolution on procedures and without the need to be implemented by the Federal Court of Ajman.
- 18 (3) a stakeholder in the implementation of the decision of the dispute to submit to judge execution petition committee implementation in duplicate and attach them the original copy of the decision of the disputes and the application signed by the President of the Commission of disputes referred to in Article 18 (2) above.
- 18 (4) exception to the general rules on the implementation of judgments in civil suits, the execution judge committee that is immediately after receiving the documents referred to in section 18 (3) above appending the decision of the Disputes Committee of the Executive as the appropriate thing by including access accelerated and then take the necessary actions to implement the decision of the Commission of disputes without the need to re-examine the components of that resolution.
- 18 (5) follow in the implementation of the Commission dispute resolutions through the execution judge committee rules on access accelerated the civil provisions and, in particular, should be on implementation Judge Committee as his command to implement the decision of the Commission of disputes within a maximum of twenty-one days from the date of receipt to him, and declare port against the matter mentioned accompanied by a copy of the petition implementation while preserving the right of the port against the petition of the judge implementation mentioned is within ten (10) days from the date of announcing it, and gets appeal before the execution judge, and must be in writing and substantiated and be execution judge the decision of the grievance, In all other implementation disputes shall be final and prohibited.
- 18 (6) an exception to the general rules in the correct judgments in civil proceedings The Chairman of the Commission of disputes at any time be based solely on his own initiative or at the request correction of any formal or arithmetic or spelling errors contained in Commission disputes or add any new sentence decision in the body of the decision of the disputes be intended exclusively to clarify the content of the decision of the disputes on more fully the lead for its implementation may judge implementation committee upon receipt of the documents of implementation under Article 18 (3) above that the correct any spelling or calculation errors contained in the decision of the disputes.
This Decree shall be published in the Official Gazette of the Emirate, and is wider circulation and the authorities concerned to implement it done, both within his own jurisdiction