Enforcement directorates in Baghdad under the Enforcement Law
The Law Office of Ali Barakat in Baghdad sets out the framework that Enforcement Law No. 45 of 1980 lays down for enforcement directorates in the capital, as published in the Official Gazette, issue 2762 of 17/3/1980. The page explains how a directorate is formed and where an application is filed.
The Enforcement Department, and a directorate wherever there is a Court of First Instance
Article 4, first, forms in Baghdad a department named the Enforcement Department, linked to the Ministry of Justice and treated as one of its organs. The department is headed by an official with the title of Director General, who holds at least a first university degree in law and has at least fifteen years’ legal or judicial practice in the department’s field of work, and who is appointed in accordance with the law, under article 4, second, as amended by Law No. 13 of 2019. The Director General is assisted by a deputy for legal affairs and a deputy for financial affairs, on the conditions the same article states. The Enforcement Department follows up the work of the enforcement directorates, identifies defects in procedure, and assesses the performance of their staff in the field and builds their capacity, under paragraph third.
Article 6, first, provides that an Enforcement Directorate is formed in every place where there is a Court of First Instance. Enforcement directorates in governorate centres are linked to the Enforcement Department, under paragraph second. Directorates within a governorate are linked to the directorate at its centre; if there is more than one, the Minister of Justice determines which of them they are linked to, under paragraph third. Each directorate is headed by an Enforcement Officer who holds a first university degree in law, has at least three years’ legal or judicial practice after graduation, and has completed a legal course in the department’s field of work of at least four months, and who takes the oath provided for in the article before starting work. The senior judge of the Court of First Instance is treated as the Enforcement Officer if the directorate has no Enforcement Officer of its own, and the Minister of Justice may assign any other judge to perform the duties of the Enforcement Officer, under article 6, fifth.
In Baghdad, this means that a directorate is formed where a Court of First Instance sits. The capital has Courts of First Instance on the Rusafa and Karkh sides, and in other places according to the judicial organisation in force. The names of the premises and their precise affiliation are established from the arrangement adopted by the Ministry of Justice and the Enforcement Department at the time of filing.
Where is a file filed, and what does the law apply to?
Article 24 allows the person seeking enforcement to apply to any Enforcement Directorate. If steps have to be taken outside the area of the directorate with which the judgment or enforceable instrument was deposited, that directorate deputizes the directorate of that area to take those steps. The deputized directorate must supply the deputizing directorate with a copy of all the steps it has taken. The place of deposit therefore does not prevent another directorate from being deputized when a step is needed outside the area.
The law applies to judgments and enforceable instruments; to foreign judgments that are enforceable in Iraq in accordance with the Law on the Enforcement of Foreign Judgments, subject to the international agreements in force in Iraq; and to other matters that statutes provide shall be subject to the Enforcement Law, under article 3. The right in an enforceable instrument must be ascertained, due and not subject to a condition, and must not be contrary to public order or morals, under article 13. The instruments that may be enforced are listed in article 14. They include negotiable commercial papers; instruments containing an acknowledgement of a debt; instruments establishing a real right that have taken the form the law requires; instruments establishing a personal right; a suretyship given before the Enforcement Officer; a certificate of the Real Estate Registration Department for what remains due to the mortgagee from the mortgagor after the mortgaged property is sold; and deeds, decisions and orders to which the law gives enforceable force, together with the conditions in the later paragraphs of the same article.
The judgment or enforceable instrument is presented to the Enforcement Officer, who refers it for collection of the fee and registration, and then decides to accept or refuse enforcement, under article 15. If the debtor does not perform the judgment or instrument voluntarily, the Directorate proceeds to compulsory enforcement in accordance with this law, under article 22. The Directorate must serve the debtor with a notice of enforcement, in the case of enforceable instruments, containing the particulars listed in article 25. If the Enforcement Officer is satisfied, from official sources, that the person to be served has no permanent, temporary or elected domicile, the Officer decides that service shall be by publication in two widely circulated local newspapers. The day after publication is treated as the date of service, and the debtor is required to appear within fifteen days of that date. If the period expires and the debtor does not appear, the debtor is treated as having refused to perform, and compulsory enforcement is begun, under article 27.
Legal basis and sources
Frequently asked questions
Is there an Enforcement Directorate wherever there is a Court of First Instance?
Yes. Under article 6, first, an Enforcement Directorate is formed in every place where there is a Court of First Instance. If it has no Enforcement Officer of its own, the senior judge of that court is treated as the Enforcement Officer.
Must a judgment in Baghdad be deposited with a particular directorate?
Article 24 allows the person seeking enforcement to apply to any Enforcement Directorate, and another directorate may be deputized if a step is needed outside its area.
What is the role of the Enforcement Department in Baghdad?
Article 4 forms it in Baghdad and links it to the Ministry of Justice. It follows up the work of the directorates and identifies defects in procedure.