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Abd Alhameed Kieshar
Lawyer
الأسئلة المجابة 42617 | نسبة الرضا 98.7%
i have case in real state and now i have travel...
إجابة الخبير: Abd Alhameed Kieshar
Abd Alhameed Kieshar
Lawyer
الأسئلة المجابة 42617 | نسبة الرضا 98.7%
We would like to inform you that according to the Code of Civil Procedure provides the following situations to ban from traveling:
First:
1. The creditor, even before the filing the case, may request the competent judge or the head of the department to issue an order to prevent the debtor from traveling and to estimate the debt temporarily, if the amount is not defined. The case may be filed by the victim, if there are serious reasons for which the debtor may escape, provided that the following conditions must be met:
(A) If the right/dues is known and is not subjected to a condition.
(B) The value of the claimed dues shall not be less than one thousand dirhams unless a fine or expense is imposed.
(C) The claim shall be based on a right, or if it is clear from the documents attached in the application with a serious claim.
D. The creditor shall provide a guarantee accepted by the court, ensuring any malfunction and damage caused to the debtor as a result of preventing him/her from traveling if it is found that the creditor is not right to claim it.
2. Before making the order, the judge may conduct a brief investigation if the documents supporting the application are not enough
3. In case of issuing the travel ban order, the judge may order that the debtor's passport be deposited at the court's treasury and that the order be prohibited from travel is at all ports of the country.
Second: the legal travel ban imposed if there is report against any person which is called generalization, that’s in order implement the judgement of the case. If the banned person wants to travel then he\she must apply for sponsorship to the public prosecution or the judge and get the permission to travel.
إسأل Lawyer
Abd Alhameed Kieshar
Lawyer
الأسئلة المجابة 42617 | نسبة الرضا 98.7%
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