Substantive and Provisional Enforcement Disputes under Yemeni

Abstract

This study seeks to examine the various categories of enforcement disputes as regulated under Yemeni law, identifying the competent judicial authority responsible for adjudicating and resolving such matters. It aims to distinguish enforcement disputes from other material impediments that may arise during the execution process, and to assess the extent to which such disputes and any appeals lodged against rulings therein impact the progression of enforcement proceedings.

The study concludes that enforcement disputes are broadly categorized into substantive and provisional types. Substantive disputes pertain to the validity of execution procedures, including their correctness, nullity, admissibility, or permanent invalidation. Provisional disputes, on the other hand, concern temporary objections that may influence the suspension or continuation of enforcement, without affecting the underlying right or the validity of the enforceable instrument.

The study recommends establishing specialized enforcement judges within the circuit of each court to ensure timely adjudication of enforcement disputes through legally sound procedures. This is especially important in courts serving densely populated areas that are burdened by large volumes of enforcement-related litigation, as these disputes are among the primary causes of prolonged litigation timelines.