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Law No. 7 of 1995 Amending Certain Provisions of the Civil and Commercial Procedures Law Promulgated by Law No. 13 of 1990

Law Summary Record Type: LawNumber: 7Date: 15/06/1995 Corresponding to 17/01/1416 HijriNumber of Articles: 2Status: In force

Official Gazette :Issue: 8Offcial Journal Issue Publication Date: 01/01/1995 Corresponding to 30/07/1415 HijriPage from: 1530

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Article 1
Starting Date: 01/01/1995

The texts of Articles 10 (1), 474, 480, 483, 485, 486, 487 and 516 of the Civil and Commercial Procedure Law referred to above shall be replaced with the following:

“Article 10 (1)

With respect to ministries, departments and other governmental bodies, the copy of the summons shall be served to the ministers, directors of departments and bodies or whoever acts on their behalf, save for documents pertaining to lawsuits, appeals and judgments, which shall be delivered to the State Lawsuits Department in the Ministry of Justice.

Article474

The judge of execution shall issue an order to effect execution of attachment on real property within a maximum period of two weeks from the date of filing the execution application and supporting documents. Based on this order, attachment of real property shall be effected, with minutes recorded by the execution officer, at the location of the real property no later than the day following the date on which the order of attachment is issued. In addition to the particulars provided for in the preceding Article, the minutes shall contain the following information:

Name of execution officer, his signature, date and place of attachment;
Statement of, date and amount of claimed debt;
Notice to the owner, if any, of the real property and date of notice;
The order issued by the judge to effect the attachment on real property;
Location of the real property, its area, boundaries and other description, the accessories of the estate, the names and capacities of occupants, documents supporting such capacities, and the amount paid in rent or in consideration of any usufruct.

The execution officer shall, in order to acquire this information, be entitledto enter the real property.

Article480

The minutes of attachment shall be presented to the judge of execution within seven days from the date of effecting such attachment. The judge shall issue the list of conditions of sale and determine the basic price at which the auction shall commence within the session of sale within a maximum of thirty days from the date of presentation of the minutes to him. The judge may seek help from experts in assessing such price. Moreover, the judge shall decide the date for an examination of any objections raised against such list, provided that this date shall not be later than thirty days from the date of determination of the basic price.
The Registry of the court shall, within fifteen days following the issue of the list, serve a summons upon the distrainee, whether he is a debtor, owner, in-kind guarantor and creditor, or holder of restricted rights on the real property, before registration of attachment in this list. The Registry shall also specify the basic price and date of the session identified for examination of any objections against the list. Where a distrainee is dead, summons shall be served upon all of his heirs in the last domicile in which he lived.
The summons shall include an order to pay the value of the debt, interest and costs within fifteen days from the date of issue of the judgment on the objections against the list. Otherwise the judge shall order the sale of the real property by auction at the expense on behalf of thedistrainee.

Article 483

The judge of execution shall rule on all objections to the list of conditions of sale within a period not exceeding fifteen days from the date specified for the examination of such objections. He shall determine a session for the sale of the real property within thirty days from the date specified for issuing a ruling on these objections.
The Registry of the court shall serve a summons upon the distrainee stating the date of the session of sale and the place thereof.
The Registry shall also serve a summons as to the date of session and place of sale prior to the date identified for such sale of not less than fifteen days and not more than thirty days by posting a notice on the door of the real property and on the court notice board, and by publishing such notice once in one daily newspaper.

Article485

The judge of execution shall, at the specified date for the sale, assume control of the auction proceedings. The auction shall commence by the announcement of the basic price and expenses. The judge shall rule on the bidding by granting the sale to the highest bidder. Where there is no higher bid within five minutes of the last bid, the last bid shall be decisive.
The judge may, where he realizes that the bidding price is much lower than the basic price, adjourn the auction to the following dayat the same price. Where no bidder offers the basic price in the second session, the judge may adjourn the auction to the following day with a reduction in the price by five (5) percent. The judge may then adjourn the auction once again to another session with further reductions in the price by five (5) percent until such reduction reaches twenty five (25) percent of the basic price.

Article486

Where the total reduction has reached twenty five (25) percent of the basic price, the auction shall be adjourned for thirty days with the re-issue of the summons. In this case, the real property shall be sold to the highest bidder, irrespective of the amount of the bid.

Article487

The purchaser whose bid was approved by the judge shall, when the session is held, deposit the full approved price, expenses and registration fees and the judge shall then rule that he is the chosen purchaser. Where the purchaser has not deposited the full price, he shall deposit at least one fifth thereof, otherwise the auction sale shall be repeated at his expense at the same session based on the price that was offered in the bid.
In the event that the full price is not deposited, the sale shall be adjourned not later than seven days to a later session. Where the bidder deposits the remainder of the price, the judge shall rule him to be the successful purchaser, unless a bidder has made an offer in this session with an increase of one tenth in the price that was declared the highest bid in the previous session accompanied by the full price. In this case, the auction shall be repeated in the same session based on the increased price.
Where there is no bidder in the following session with an increase of one tenth and the first bidder has not deposited the full price, the auction shall be immediately repeated at the expense of the first bidder based on the price upon which he was declared the highest bidder. In this session, any bid that is not accompanied by the full price shall not be accepted.

Article516

No order of imprisonment shall be issued against the debtor in the following conditions:

Where he is younger than eighteen years of age or older than seventy years of age;
Where he is a spouse of the creditor or one of principals or descendants,unless the debt is a specified alimony;
Where he submitted a bank security note or offered a capable guarantor acceptable to the judge of execution to fulfill the debt on the due dates or he advised of funds he owns being kept by the State which may be subject to execution and deemed sufficient to fulfill the debt;
Where it is proved by the competent medical authority that the debtor is suffering from an incurable chronic condition which makes him unable to tolerate imprisonment;
Where the executed debt is less than one thousand Qatari Riyals (QR 1000), unless it is in fulfillment of a monetary fine or specified alimony.

The judge of execution may postpone the imprisonment of the debtor in the following two cases:

Where it is proved by a report of the competent medical authority that the debtor is suffering from a temporary illness which makes him unable to tolerate imprisonment. Imprisonment shall be postponed until the debtor recovers;
Where the debtor is a pregnant woman. Imprisonment shall be postponed until after the expiry of two years from the end of her pregnancy in order to enable her to care for her infant.”