(Preservative Detention) in Yemeni Law (Pleadings Law No. (40) of 2002 and its amendments)

Abstract

     I am pleased to present to the reader and the insider a summary of this research, which is as follows:

1- Knowledge of the legal, jurisprudential and legal concept of precautionary seizure in Islamic jurisprudence and Yemeni pleadings law in terms of its importance, objectives, and the difference between it and executive seizure, its characteristics and conditions, and the two types of precautionary and executive seizure which is placing the debtor's money under the control of the judiciary and preventing it from disposing of it, losing or smuggling it in a way that harms the general guarantee of the right of the creditor or creditors .

2- The nature of legal for  the precautionary seizure and its scope as a temporary nature to preserve the rights of the creditor until the issuance of the executive deed to sell the debtor’s money, whatever movables or real estate to fulfill the right of the creditor.

3- The legal system for the  precautionary seizure and its cases according to articles (336-337-385-386-391) Pleadings.

4- The procedures authorized by law to request precautionary seizure and the court competent to inflict the precautionary seizure and the cases in which the precautionary seizure is transformed into an executive seizure and the executive document is capable of selling the debtor’s money in a public auction to fulfill the right of the creditor.

5- Conclusion to study the subject of the research and the recommendations that the researcher came up with to the Yemeni legislator, which would reconsider the reform of the legislative system for the legal rules for precautionary seizure of the debtor's money.