Civil Procedure Law · Federal Decree-Law 42 of 2022
Article 34
Part One: Jurisdiction of Courts > Chapter Three: Territorial Jurisdiction of Courts
English translation
1. Jurisdiction on actions in-rem involving real property and the legal proceedings for possession shall be vested in the court, within the territorial jurisdiction of which the property or any part thereof is located if the same is located within the circuits of several courts.
2. The jurisdiction over personal real property cases shall be vested in the court within the territorial jurisdiction of which the property or the Defendant's domicile is located.
Official translation, as published by the portal.
Official Arabic text
.1 يكون الاختصاص في الدعاوى العينية العقارية ودعاوى الحيازة للمحكمة التي يقع في دائرتها العقار أو أحد أجزائه إذا كان واقعًا في دوائر محاكم متعددة.
.2 يكون الاختصاص في الدعاوى الشخصية العقارية للمحكمة التي يقع في دائرتها العقار أو موطن المدعى عليه.
What it means when you sign
This article decides which court hears property-related cases, by location. In actions in rem over real property, and in possession cases, the case goes to the court in whose territorial area the property is located. If the property falls partly in the area of several courts, the court in whose area any part of it lies has jurisdiction.
For personal real property cases, jurisdiction belongs to the court in whose area the property or the defendant's domicile is located.
It is a rule about location only. It does not say who owns property, what rights a party has, or how a case will be decided. It only points to the court that hears the case.
When you are about to sign a contract about real property, such as a sale, lease or development agreement, this article means the court for a dispute over the property is tied to where the property is located, or in some cases to where the defendant is domiciled. A clause on where disputes will be heard is worth reading against it, as the court may be fixed by the location of the property rather than by what the parties write.
Not yet cited in a Fahm report; shown because it sits in the same chapter as one that is.
Related articles
- Article 33Cited in Fahm reportsThis article decides which court within the State hears a case, by location.
- Article 5This article sets the language of the courts.
- Article 19Cited in Fahm reportsThis article says when the courts have jurisdiction over a case against a person.
- Article 20Cited in Fahm reportsThis article lists when the courts have jurisdiction over a foreigner who has no place of residence or domicile in the State.
- Article 21Cited in Fahm reportsThis article extends the courts' jurisdiction beyond the main case.
- Article 22This article covers a case where the defendant does not appear and the court has no jurisdiction under the earlier articles on the courts' jurisdiction over persons from abroad.