What Can I Do If I’m Detained Despite a Sales Contract?

Question from العز, What Can I Do If I’m Detained Despite a Sales Contract?

Answer from AI:

Understanding the Legal Context

You are facing a complex legal situation involving a previous performance order, sales contracts, and subsequent detentions. Here’s a breakdown of the relevant legal aspects and potential steps you can take.

Previous Performance Order

A performance order was issued against you on 18/11/2020, requiring you to pay 32,500 Saudi Riyals to a creditor. You were detained for seven months and released on 5/5/2022. This order is a legal instrument that mandates you to fulfill a financial obligation.

Sales Contracts

After your release, you entered into a sales contract with the creditor on 29 Ramadan 1443 AH, selling four and a half qirats of land for 1.3 million Yemeni Riyals per qirat. You received an advance payment of 2 million Yemeni Riyals. Sales contracts are legally binding agreements that obligate both parties to fulfill their terms.

Second Detention

You were detained again when you demanded the remaining amount from the sales contracts, under the pretext of the previous performance order. You have been detained for over five months, despite the sales contracts being enforceable documents.

Legal Basis and Relevant Articles

Your request is based on the Yemeni Civil Procedure and Execution Law, specifically Articles 263, 264, 265, 266, 267, 268, 272, and 273. These articles outline the procedures for executing court orders and the rights of debtors and creditors.

Key Articles to Consider

• Article 263: Details the procedures for issuing performance orders.
• Article 264: Specifies the conditions under which a debtor can be detained.
• Article 265: Outlines the rights of the debtor during detention.
• Article 266: Provides for the release of the debtor under certain conditions.
• Article 267: Discusses the enforcement of financial obligations.
• Article 268: Details the process for contesting a performance order.
• Article 272: Specifies the conditions for the enforceability of contracts.
• Article 273: Outlines the legal recourse available to parties in a contract dispute.

Steps to Take

1. Consult a Legal Professional: Given the complexity of your situation, it is crucial to seek personalized legal advice. A lawyer can help you navigate the legal system and advocate on your behalf.
2. File a Petition: You may need to file a petition with the court to contest your detention and present the sales contracts as enforceable documents.
3. Gather Evidence: Collect all relevant documents, including the sales contracts, payment receipts, and any correspondence with the creditor.
4. Request a Hearing: Ask the court for a hearing to present your case and argue that the sales contracts should be considered in your favor.
5. Seek Mediation: If possible, consider mediation to resolve the dispute with the creditor outside of court.

Resources and Further Reading

For more information on the Yemeni Civil Procedure and Execution Law, you can refer to the following resources:

• Yemeni Civil Procedure and Execution Law
• Library of Congress – Yemen Legal Resources

When to Seek Legal Advice

Given the legal intricacies and potential consequences of your situation, it is essential to consult with a legal professional. They can provide tailored advice and represent your interests effectively. Legal advice is particularly important when dealing with court orders, detentions, and contract disputes.

Remember, this information is intended to provide a general understanding of the legal context. For personalized advice, always consult with a qualified legal professional.