Wednesday 16 March 2016

What is a travel Ban ? When Is it imposed ?


"The imposition of a travel ban may be done pursuant to Article 329 of the Federal Law No 11 of 1992 on the issuance of the civil procedures law which states:


1. Even before the submission of the substantial case, the creditor shall apply to the competent judge or to the head of the court circuit for an injunction to prevent the debtor from travelling and to make a temporary estimate of the debt if it has no specific amount. The order shall be awarded in accordance with an application submitted by the relevant party to the competent judge or to the head of the court circuit, as the case may be, if serious conditions exist under which the debtor is likely to flee, provided that the following conditions are satisfied:

a) The debt is specifically known, mature and unconditional.

b) The claimed right shall not be less than Dh1,000 unless it is a fine or prescribed alimony or child support.

c) The claim shall be based on written evidence, or if it appears from the papers attached to the application that it is a serious claim.

(d) The creditor shall supply a guarantee acceptable to the court in which he guarantees any damages inflicted upon the debtor owing to his prevention from travel, if it appears that the creditor’s claim is not justified.

2. The judge, before giving the order, shall conduct a brief enquiry if he is not satisfied with the documents presented in support of the application.

3. If an order for prevention from travel has been issued by him, the judge shall order that the debtor’s passport be deposited with the court’s treasury, and the court shall be circulated among all of the country’s exit points.

4. The person against whom the order has been issued shall have the right to file a grievance against it, by the procedures prescribed for complaints against the order on the petitions.


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