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Commercial Contracts Dispute Resolution Litigation Real Estate Technology

NAJIZ: Digital Transformation In The Judicial System

NAJIZ: Digital Transformation in The Judicial System

Najiz offers fast and efficient digital services to all ministry clients in order to enhance customer experience and satisfaction. #Saudi_Arabia.

Overview

In continuation of the Kingdom’s unremitting efforts in the digital transformation of government services, we are talking today about “Najiz” system, which is deemed to be a qualitative leap in the history of the Saudi judiciary and the legal profession.

What is Najiz?

Najiz is a judicial services platform which provides all Ministry of Justice (MoJ) services through one unified platform.

Najiz offers fast and efficient digital services to all MoJ clients in order to enhance customer experience and satisfaction. 

How to access Najiz?

To reach the platform, just click on Najiz.

Objectives of Najiz

His Excellency the Minister of Justice and Chairman of the Supreme Judicial Council Sheikh Dr. Walid bin Muhammad Al-Samaani launched the “Najiz” system in 177 first-instance courts throughout the Kingdom with the aim of:

What are Najiz Services?

There are more than 134 services and procedures.

In this article, we review the most prominent services and procedures.

Judiciary
  • Filing Lawsuits
  • Filing Statements of Claim
  • Court Hearings Schedules
  • Inquiries on Lawsuits
  • Filing Execution Case
  • Filing Applications
Business
  • Activate the facility account

  • Deactivate facility account

  • Submit Facility’s Applications for Execution

  • Corporate Matters

Licensing
  • Licensed Lawyers Directory
  • Licensed Marriage Officials Directory
  • Application for Law Practitioner License
  • Application for Marriage Officials License
  • Application for Renewal of Law Practitioner License  
Power of Attorney
  • Issuance of an electronic Power of Attorney
  • Termination of Power of Attorney
  • Acknowledgements
Dates
  • Inquire about the dates of the judicial facilities 
  • Inquire about the dates of the mobile notaries
  • Book an appointment for mobile notaries
  • Appointment booking service
Verification
  • Verify Social Status
  • Verify mortgage
  • Verify a judgment deed (first degree – appeal)
  • Verify marriage contract
  • Verify “Furijat” bills
  • Verify a transaction
  • Verify the determination of heirs
  • Verify a Power of Attorney
Real Estate
  • Notarize a mortgage
  • Issue a replacement of a lost/damaged  title deed 
  • Transfer Ownership of Real Estate
  • Verify Real Estate Ownership Status
  • Issue Real Estate Identity
  • Mortgages Management
  • Real Estate Management
  • Update Title Deeds
Personal/Marital Status
  • Guardianship
  • Minor Alimony Assessment
  • Documentation of Marriage, Divorce, and Reversion
  • Documentation of heirs of the deceased
  • Endowment
  • Rehabilitation
  • Inheritance Determination
  • Estate Allocation

Conclusions

The Najez system is considered one of the renewable technical systems of an advanced nature in accordance with the development and acceleration of legislation in the Kingdom in line with the Kingdom’s vision 2030. In this article, we have discussed the most prominent services related to this system and its developments.

For further information, please do not hesitate to Contact Us.

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Commercial Internet Litigation

Commercial Lawsuit is Now TIME-LIMITED

Commercial Lawsuit is Now TIME-LIMITED

OVERVIEW

The recently-enacted Commercial Court Law issued under Royal Decree No. (M/93) dated 15/08/1441 AH stipulated prescription of financial rights, i.e. the loss of the right to file a commercial lawsuit due to the plaintiff’s delay in filing it. Article 24 stipulates that The following: (As long as there is no special provision for it, the lawsuits that are considered by the court will not be heard after five years have passed from the date on which the claimed right was established unless the defendant acknowledges the right or the plaintiff presents an excuse acceptable to the court).

Coupled with Article (36) of the implementing regulations of the system, which stipulates the following: (If the claimed right arises before the law comes into force, then the period stipulated in Article 14 of the system shall be calculated from the date on which the system comes into effect) as Article (37) of the same regulation stipulates The following: (In the absence of a special text, the period stipulated in Article Twenty-Four of the Law shall take effect from the day on which the debt becomes due for payment).

Since the aforementioned system was published in the official gazette “Umm Al-Qura” on 24/08/1441 H, the implementation of a statute and its implementation will take place after sixty days have passed from the date of the aforementioned publication, ie on the date (24/10/1441 AH); Therefore, the deadline for accepting commercial lawsuits filed by the plaintiff falling within the jurisdiction of commercial courts and arising before the date (10/24/1436 AH) is (on 10/24/1441 AH).

It is necessary for every creditor plaintiff to pay attention and to observe the period of non-hearing of the lawsuit in the consideration of the commercial judiciary, which starts from the date of maturity of the commercial debt until the date of the entry into force of the above-mentioned law.

CONCLUSION

Royal Decree has drawn the road map very clear for Government Agencies that require consultation services to engage experienced Saudi nationals, consultancy offices, and national companies.

This has come in parallel to the Saudization major plan where Government Agencies have been held responsible for reconsideration of their position before the Saudi People since national companies were thereby prioritized.

We do not believe that current contracts conducted by a government agency with a non-Saudi company or office that provides consultancy service might encounter instantaneous termination, even if a given contract entitled the agency to do so. Yet, we highly anticipate that those contracts might not be renewed regardless of the need of the government agency for such service.

If you are a non-Saudi company, branch, or office, and, in the meantime a consultancy service provider of a government agency, or planning to be one, you are highly recommended to look for a Saudi Partner who may enhance your vision and represent your business before the government agency.

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Categories
Litigation

Changes on Implementing Regulations of Execution Law

Changes on Implementing Regulations of Execution Law

OVERVIEW

His Excellency the Minister of Justice Circular No. (13/T/8013) was issued on 4/6/1441 AH amending the executive regulations of Execution Law, and the most important amendments are:

First: Removing suspension of the debtor’s electronic services.

Second: Giving the debtor a period of three months before passing a judgment of his imprisonment (obligatory) only if the debt amount or the total debt amounts reach (one million riyals) or more.

Third: The debtor may be released at any time if there are indications that he is serious about settling his financial situation.

Fourth: The limitation of the period of executive detention to a period of three (3) months, renewable according to the judge’s decision after his interrogation.

Fifth: It is not permissible to detain the debtor in the following cases:

If the age of the debtor is (sixty) years or more.

Or if the debtor has minor children and his husband is dead or imprisoned for any reason.

COMMENTS

Because of the aforementioned clarification of the content of the recent amendments to the executive regulations of the implementation system, we recommend and advise our clients to take utmost caution within conducting all dealings with others, especially in financial transactions. We also recommend investigating the accuracy and requesting all supporting documents from others parties to prove their financial capacity, whether they are a natural or legal person. As these documents differ according to the difference between dealing with others.

Based on an extensive study conducted by our lawyers and consultants of the new legal frameworks, we advise our esteemed clients, and before concluding any financial transaction, to examine, verify following documents of other party(s) to your future contracts, for example, but not limited to:

In addition to the above, we would like to share with you the advice of a number of our consultants to take more than one guarantor or sponsors for the person with whom you intend to enter into a financial transaction, if possible. This gives an additional protection layer to your interests and saves you the long term of litigation and debt collection process where you can collect that debt from a guarantor or sponsor of that original debtor if they fail or refrain from payment.

In case of any inquiries regarding any of the above, we hope that you will not hesitate to contact us immediately.

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Categories
Employment Employment Counseling Employment Litigation Insurance Internet Labor Entitlements Litigation

Expansion of Labor Courts Jurisdiction

Expansion of Labor Courts Jurisdiction

Overview

On this 06/09/1442H [17/4/2021], a resolution of the Supreme Council of Judiciary number (1747/T), that concluded the following:

First: The competence of the labor courts to hear cases related to a request to expand the scope of health insurance services for the insured; As stipulated in the employment contract or the internal regulation of the facility.

Second: The competence of the labor courts to hear cases related to a request for compensation for lack of health insurance.

In addition to the above, we would like to share the advice of Knowledge Pioneer Employment Practice consultants to take the necessary measures to maintain the application of the health insurance policy to esteemed facilities employees where health insurance should be expressly included in both current and future employment contracts and the internal regulations of the facility, if possible. Prompt updates of employment contracts will indeed protect facilities’ interests and avoid the long term of litigation and judicial obligation and, accordingly, reimbursing employees who are not covered by valid health insurance in the event of their resort to the judiciary.

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