Introduction

The enforcement stage is one of thekey pillars of the judicial system, as it ensures the effective implementation of court judgments and decisions, thereby securing the recovery of rights ands afeguarding the interests of individuals and entities.

The State of Qatar has placed particular emphasis on the regulation of enforcement procedures, both with respect to movable and immovable property, through the enactment of legislation designed to enhance efficiency, transparency, and the timelyexecution of judgments by empowering judges with authority and streamlining enforcement procedures.  The law solidifies Qatar’s reputation for procedural efficiency andjudicial integrity.

I. The Legal Framework for Enforcement in Qatar

Law No. (4) of 2024 on JudicialEnforcement constitutes a significant development in the Qatari legal system.

It established a specializedEnforcement Court to handle all enforcement procedures, including theidentification of the debtor’s assets, the imposition of attachment, and thesale of property by public auction under precise legal controls.

The law grants the Enforcement Judgebroad powers to ensure the effective implementation of judgments whilemaintaining a balance between the rights of creditors and the protection ofdebtors’ interests, in line with the principles of procedural justice enshrinedin the Qatari Constitution.

II. Enforcement on Movable Property

Movable property refers to any assetthat can be transferred from one place to another without damage, includingtangible assets such as vehicles and equipment, and intangible assets such asshares and bank deposits.

Enforcement on movable assets is carried out through the following procedures:

1. Identification of the Debtor’s Movable Assets: Conducted through discovery requests issued by the Enforcement Judge to official authorities and financial institutions.
2. Precautionary or Execution Attachment: The movable assets are seized following proper notification to the debtor, in accordance with the provisions of the law.
3. Sale by Public Auction: The attached movable assets are sold under the supervision of the Enforcement Court, and the proceeds are distributed among creditors according to their order of legal priority.

The law further allows creditors to take urgent measures to safeguard their rights, including the issuance of orders prohibiting disposal or transfer of ownership until the debt is fully settled.

III. Enforcement on Immovable Property (Real Estate)

Real estate represents one of the most sensitive categories of assets in enforcement proceedings due to its connection with ownership, housing, and investment.

Enforcement on real estate follows a structured process that includes:

1. Registration of the Property Attachment: The attachment is registered with the competent Real Estate Registration Authority based on an order from the Enforcement Judge, preventing the debtor from disposing of the property.
2. Notification and Grace Period: The debtor is formally notified of the attachment and granted a statutory period to pay or reach a settlement before the commencement of sale procedures.
3. Valuation of the Property: Conducted by a specialized committee to determine its current market value.
4. Public Auction Announcement: The auction is announced through official and electronic media, including the “Mazad Qatar” platform, ensuring transparency and equal opportunity among bidders.
5. Determination of Sale Session and Conditions: The judge sets the date of the auction session and the list of sale conditions. All parties concerned, the enforcement applicant, the debtor, and any interested persons, are notified, and the auction details are published in daily newspapers or other means specified by the judge.
6. Public Auction and Distribution of Proceeds: The property is sold by public auction, and the proceeds are distributed according to the legal order of priority, first to debts secured by mortgage or privilege, then to ordinary debts, in accordance with Article (82) of Law No. (4) of 2024.

The period between the date of the auction announcement and the sale session must not be less than fifteen working days.

Interested parties may file objections to the list of sale conditions within seven working days from the date of publication.

The law further emphasizes the necessity of transferring ownership to the buyer once the auction procedures are completed and the sale price is collected, through official deeds issued by the Enforcement Court.

IV. Safeguards and Transparency in Enforcement Procedures

mechanisms to ensure integrity and transparency in the enforcement process, including:

The digital transformation of enforcement procedures, such as electronic notifications and communication with government bodies through integrated systems.

Direct judicial supervision by the Enforcement Judge over all stages of attachment and sale.

The possibility of amicable settlement during the enforcement stage to minimize disputes and expedite the realization of rights.

The law also stipulates that certain assets may not be subject to attachment, as they are deemed necessary for the debtor’s livelihood or for the exercise of his profession, thereby upholding the principles of social justice.

V. Real Estate as a Means of Security and Enforcement

Real estate holds a distinctive position in the Qatari legal system, being among the most important forms of financial security in commercial and banking transactions.

Enforcement over real estate is permitted only when the property is duly registered in the Real Estate Registry and after verifying the existence of any mortgage or privilege affecting it.

The law mandates that the sale be conducted through a public auction under transparent procedures, and that the results be officially announced, thereby reinforcing confidence in both the property registration and judicial enforcement systems in the State.

VI. The Economic and Social Impact of Effective Enforcement

An efficient enforcement system contributes to strengthening the investment climate by assuring stake holders that their rights can be effectively recovered within a reasonable timeframe.

This, in turn, positively impacts the national economy and the stability of the real estate market.

Furthermore, strict adherence to the legal enforcement procedures upholds the rule of law and reflects Qatar’s ongoing commitment to the principle of prompt and equitable justice.

Conclusion

The new Qatari Judicial Enforcement Law represents a significant advancement in the development of civil and commercial justice.

By establishing clear and efficient rules for enforcement on movable and immovable property, the law enhances procedural efficiency and safeguards the rights of all parties involved.

Although enforcement on real estate remains a complex process, the comprehensive legal framework adopted by the Qatari legislator provides adequate guarantees to protect the interests of both creditors and debtors, thereby reinforcing public confidence in the judiciary and consolidating legal certainty in the State.

‍