Sources reviewed
Does the settlement qualify for enforcement?
Compulsory enforcement requires an enforcement instrument for a specific, presently due right. Qualifying instruments include settlements authenticated under the Notarization Law or issued by a legally authorised body. Verify the issuer, instrument type and reference. If a privately signed agreement falls outside every enforceable category, establish entitlement before the competent merits forum and enforce the resulting judgment once eligible. [1]
What is presently due?
If the first of three instalments has been paid and the third has yet to mature, isolate the second unless a valid acceleration trigger has occurred. Provide the instalment table, receipts and evidence of the trigger. For a qualifying settlement conditional on performance that cannot be verified from the instrument itself, article 8 permits an application supported by a performance report from a Ministry-accredited expert body. [1] If a merits claim on a private settlement is necessary, produce the signed instrument and identify the due instalment. Address any express denial of signature when relying on the private document. [3]
How do you address payment or non-performance?
Match transfers to instalments and recipients. If a discount depended on returning stock, collect the return note and item identifiers. The enforcement court checks the instrument’s statutory requirements without determining the underlying entitlement, subject to the statutory exception. In a merits claim, identify the settlement obligation, anticipated defences, your own performance and the unpaid balance. [1]
Applicability on 2026-10-30
This guide concerns a domestic settlement made and presented for enforcement after the new law took effect. Published on 1 May 2026, it replaced the 1433 AH law after 180 days from publication. [2]
Sources
- نظام التنفيذ 1447هـ | Enforcement Law (1447 AH) 4(2), 7(1)(a), (c), (f), (h), 8
- نظام التنفيذ 1447هـ | Enforcement Law (1447 AH) 65(1)–(2)
- نظام الإثبات | Evidence Law 29(1)
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