أسئلة وأجوبة
أسئلة وأجوبة
4 متاح 4 • عرض الجميعIs it possible to register a Cassation lawsuit against a verdict of "Appeal to Commercial Execution"?


0
Q: Is it possible to register a Cassation lawsuit against a verdict of "Appeal to Commercial Execution"?
I registered an "Appeal to Commercial Execution" lawsuit. I am not happy with the verdict since I feel it has an error of interpretation and implementation of the law.
What can I do?
Is it possible to register a Cassation lawsuit?
Is it possible to meet the Honorable Appeal judge?
Is there any other way to contest the verdict of an "Appeal to Commercial Execution"?



2023/10/12
151
كيفية الاعتراض على حكم قضائي صادر لصالح عميل بسبب الخسائر المتكبدة


1
س: كانت هناك قضية تجارية مرفوعة ضدنا من جانب أحد العملاء بعد أن تخلف عن الالتزام بفترة الإنجاز المتفق عليها. لقد ادعى أنه دفع مبلغ أكبر مما دفعه كدفعة أولية، ولقد أثبتنا أن العمل الذي تم إنجازه يساوي تقريبًا قيمة المبلغ المدفوع مقدمًا.
لقد أصدرت المحكمة حكمًا بسداد جزء من الدفعة المقدمة مقابل العمل الذي تم إنجازه، ولكننا غير راضيين عن هذا الحكم لأننا تكبدنا خسائر بسبب فترة التنفيذ الممتدة.
خلال جلسات المحكمة دافعنا عن أنفسنا ضد ادعاءات العميل ولم نلجأ إلى محكمة التمييز.
بالإشارة إلى مبدأ الأمر المقضي به، هل يمكننا رفع قضية جديدة بسبب الخسائر التي تكبدناها بالإضافة إلى خسارة الربح بسبب إنهاء العقد حيث أنه قام بتأخير المشروع إلى ما بعد فترة التنفيذ المتفق عليها؟
لقد قمنا كذلك بتوصيل المواد المطلوبة إلى الموقع للتنفيذ. لقد قام بتعليق ترخيصنا التجاري، هل يمكننا في ظل ذلك أن نطلب من المحكمة الدفع للعميل على أقساط شهرية صغيرة؟



2021/04/12
390
قضية تحصيل تجاري لعدم سداد الفاتورة
0
س: مرحبًا،
لم يدفع أحد عملائي في دبي فواتيرنا منذ ستة أشهر.
حتى بعد الاتفاق على جدول للسداد، فقد تأخروا عن موعد الدفعة الثانية وأجلوها.
لدي كافة رسائل البريد الإلكتروني وأرقام طلبات الشراء الموقعة أيضًا.
الرجاء إرشادي.
مع أطيب تحياتي،
س.

2019/05/14
879
كيف يمكن تعليق ترخيص الشركة الأم لتنفيذ الحكم في قضية عمالية؟

2
س: سيدي العزيز،
يرجى الرد على مشكلتي. أنا أقيم حاليًا في إمارة أبو ظبي. لديّ قضية عمالية ضد الشركة التي كنت أعمل بها سابقًا في أبو ظبي للحصول على تسويتي النهائية المستحقة عن 14 عامًا في الخدمة.
لقد ربحت القضية وحصلت على الحكم النهائي وبدأت إجراءات التنفيذ في شهر مارس 2021. حتى الآن لم تدفع الشركة أي شيء فيما يتعلق بالحكم.
الشركة لها ترخيص تجاري باعتبارها فرع في إمارة أبو ظبي وترخيص الشركة الأم في إمارة الشارقة. لا يوجد لفرع أبو ظبي أي أصول (لا توجد سيارات، ولا مكتب خاص - لديهم مكتب مستأجر، ولا توجد حسابات بنكية) بموجب ترخيص أبو ظبي.
أصدرت محكمة التنفيذ قرارًا بتجميد حساب الشركة بموجب ترخيص أبو ظبي، لكن ليس لديهم حسابات بموجب هذا الترخيص.
لكن جميع حساباتهم المصرفية تابعة لترخيص الشارقة. في هذه الحالة، كيف يمكنني المضي قدمًا مع المحكمة لتجميد حسابات الشركة؟
كانت محكمة التنفيذ قد أصدرت بالفعل عدة قرارات لمصادرة الأصول (لكن فرع أبو ظبي ليس لديه أصول).
يرجى تقديم المشورة بشأن كيفية التعامل مع هذا الموضوع.


2021/09/30
1050
قوانين وتشريعات
3 متاح 3 • عرض الجميعFederal Decree-Law No. (42) of 2022 Promulgating the Civil Procedures Code 2
The provisions of this Federal Decree-Law No. (42) of 2022 Promulgating the Civil Procedures Code, known as the "New Civil Procedures Code", governs civil procedures in the United Arab Emirates. The New Civil Procedures Code repeals the previous UAE Civil Procedures Code (Federal Law No. (11) of 1992 Concerning Issuance of the Civil Procedures Code).
2023/01/02
521
Federal Law No. (10) of 1992 On Evidence in Civil and Commercial Transactions 14
The provisions of this law On Evidence in Civil and Commercial Transactions (Law of Evidence) govern evidence in civil and commercial disputes in the UAE.
1992/01/15
19162
Federal Decree-Law No. 50/2022 Issuing the Commercial Transactions Law 0
The provisions of this Federal Decree-Law No. 50/2022 Issuing the Commercial Transactions Law, known as the "New Commercial Code" governs commercial transactions in the United Arab Emirates. The New Commercial Code repeals the previous UAE Federal Law No. (18) of 1993 Issuing the Commercial Transactions Law.
2022/10/03
534

متميز
إجابة أخرى من
لا توجد إجابات
عرض الجميعRequest for legal guidance regarding employer harassment and premature asset retrieval demand (3) 0
(COnt-2) Given the above, I kindly request your professional guidance on how to proceed legally to protect my friend's rights and ensure a safe and documented handover of company property.
(The laptop the lady sponsor is referring to is authorized by her to my friend when she joined the company on 15 December 2023)
Thank you for your support.
(Already our friend [----] has posted the same concern, but her complete message hasn't been delivered to this platform ) Therefore, I am resubmitting our concern; we just need the correct direction, please.
Thank you so much for your help!
2025/05/30
11
Request for legal guidance regarding employer harassment and premature asset retrieval demand (2) 0
Cont-1) as outlined in the termination notice.
Following a recent threatening message from her sponsor, in which she mentioned filing a police complaint, she proactively contacted Dubai Police for guidance.
They advised her to visit Jebel Ali Police Station to report the matter and seek assistance regarding the harassment.
Our concern is that if she returns the laptop prematurely, her work may be deleted or altered, and this could negatively impact my End of Service Benefits (EOSB) and her professional record, as her sponsor has a pattern of making unfounded accusations.
Here is the most recent message my friend received from her: “Good morning. Hi, I urgently need my laptop and keys from the cabinet. Send me the location, I will send CAREEM. I need my laptop and keys from the cabinets immediately. If you do not send the location to pick up my stuff, I’m gonna go to the police. Sorry, but you must return my stuff. My business cannot operate properly without my computer.” (COnt-2)
2025/05/30
11
Request for legal guidance regarding employer harassment and premature asset retrieval demand (1) 0
Respected Law Team Members, I am writing to seek genuine legal advice and guidance for our friend regarding an ongoing issue with her employer.
On 23rd May 2025, she received a termination notice via WhatsApp from her sponsor, which clearly states that she is required to complete her handover by 20th June 2025.
Since receiving the notice, however, her sponsor has been repeatedly contacting her via WhatsApp and phone calls, pressuring her to immediately return the company laptop and office cabinet keys, despite the agreed-upon handover date.
In addition, she has been verbally accusing my friend and making threatening remarks, creating a hostile environment, and causing her emotional distress.
To clarify her legal position, she contacted MOHRE, who advised her to reshare the termination notice to the lady employer about the handover date (20th June 2025) as she outlined in the (Cont-1)
2025/05/30
12
My friend was caught by CID inside a massage centre. What will be the next step they will take? 0
Hi
My friend was caught by CID inside a massage centre in the waiting area while he was waiting for a massage. Now his Emirates ID is with the Ajman police.
What will be the next step they will take?
2025/05/29
21
How can I remove a travel ban or avoid arrest if I left the UAE with an unpaid rent case? 0
In 2018, I was involved in a dispute concerning unpaid rent related to a property managed by [-----] under the jurisdiction of the Land Department. [----] proceeded with legal action, resulting in a civil case and the imposition of a travel ban.
A civil case had been reported in an Arabic-language newspaper. Not being fluent in Arabic, I missed the Land Department hearing, and the obvious outcome included an order for payment and a travel ban, but I had already left the country by that time.
questions:
Statute of Limitations: After how many years does such a civil case expire under UAE law, thereby allowing me to legally return to Dubai without facing arrest or enforcement actions?
International Travel: Am I currently at risk of arrest or extradition if I travel to non-GCC countries like India or Pakistan?
Forgive my brevity and rudeness due to 1000-character limits
2025/05/29
32

متميز
إجابة أخرى من
لا توجد إجابات
عرض الجميعRequest for legal guidance regarding employer harassment and premature asset retrieval demand (3) 0
(COnt-2) Given the above, I kindly request your professional guidance on how to proceed legally to protect my friend's rights and ensure a safe and documented handover of company property.
(The laptop the lady sponsor is referring to is authorized by her to my friend when she joined the company on 15 December 2023)
Thank you for your support.
(Already our friend [----] has posted the same concern, but her complete message hasn't been delivered to this platform ) Therefore, I am resubmitting our concern; we just need the correct direction, please.
Thank you so much for your help!
2025/05/30
11
Can I get a new job and employment visa while under a false embezzlement case and travel ban? 0
Hello,
My previous employer filed a case against me for embezzlement and imposed a travel ban. I know for myself it was all a lie, but since the case is already filed and the police investigation is still ongoing, I need to find a job.
However, first, I am worried that my new employer will come to know I have an active case. Second, I am worried that I cannot get an employment visa.
Can someone help me?
2025/05/29
15
Is it obligatory to issue an invoice for my customer to process his down payment? 0
Hello sir,
Is it obligatory to issue an invoice for my customer to process his down payment?
Our system doesn't allow us to issue an invoice unless the goods exist in our inventory. We also require this advance or down payment as confirmation of his order.
My customer is insisting on issuing him an invoice and says that this is required by UAE laws.
2025/05/29
13
How can my kids learn about their father's condition without contacting his family? 0
Good morning,
I have two kids. Their father is in critical care and is not able to communicate, and we have been divorced for more than seven years.
The other side of the family is not communicating with the kids about the father's whereabouts for them to visit him, and they have not been in touch with the kids for the past two weeks due to family issues that took place in court regarding guardianship of the kids.
How can I find a way for our kids to know what is going on with their father and his condition without reaching out to them, to avoid any further escalation?
My daughter has tried to call them, but there was no response.
Please advise!
2025/05/29
11
Can I challenge my child's custody again after losing the first trial and appeal? 0
Hello,
Is it possible to try again to challenge my child's custody even if I lost in the first trial and appeal?
2025/05/29
15

متميز
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لا توجد إجابات
عرض الجميعIs it obligatory to issue an invoice for my customer to process his down payment? 0
Hello sir,
Is it obligatory to issue an invoice for my customer to process his down payment?
Our system doesn't allow us to issue an invoice unless the goods exist in our inventory. We also require this advance or down payment as confirmation of his order.
My customer is insisting on issuing him an invoice and says that this is required by UAE laws.
2025/05/29
13
Can I challenge my child's custody again after losing the first trial and appeal? 0
Hello,
Is it possible to try again to challenge my child's custody even if I lost in the first trial and appeal?
2025/05/29
15
Can my husband take our 2-year-old daughter abroad without my consent? 0
Hello,
My husband has been threatening that he will take my 2-year-old daughter to Pakistan and leave her there with his family.
He has said this several times and has confirmed to my dad that he will be taking my daughter in the coming few weeks. We are both on his sponsorship.
What are my rights in the UAE? Can my husband travel with a minor without the mother's consent? How can I stop him from taking my daughter to Pakistan? Do I have any legal standing if I am under his sponsorship?
2025/05/29
13
Tenant demanding more than RDC verdict. Must I pay before the execution file is issued? 0
Good day,
I am a landlord, and my tenant filed a case with the RDC. The verdict was in his favor, and I am to pay the financial claim, which is the fees and expenses of the case.
The tenant asked for a specific amount, which is higher than the official receipt that the RDC provided. So, I have paid that exact amount directly to the tenant.
Naturally, the tenant asked for more. May I ask for guidance regarding the procedure?
It has not been 15 days since the verdict, so I have been told by the RDC that the case is not final, and I must wait for the execution file to determine the exact amount.
While I am happy to wait for that, my tenant has been threatening to open an execution file if I do not pay before the 15th day. She mentioned a travel ban as well. I feel lost and uncomfortable with the situation.
Please help me understand the procedure.
2025/05/29
14
UAE credit card was used fraudulently abroad. Bank and police won’t act. What can I do? 0
Hello,
I had a fraudulent and unauthorized transaction on my credit card, but the bank is saying no action can be taken as it happened outside the country.
We approached the police, but they are saying to proceed legally as it happened outside the country.
2025/05/28
23

متميز
إجابة أخرى من
لا توجد إجابات
عرض الجميعRequest for legal guidance regarding employer harassment and premature asset retrieval demand (1) 0
Respected Law Team Members, I am writing to seek genuine legal advice and guidance for our friend regarding an ongoing issue with her employer.
On 23rd May 2025, she received a termination notice via WhatsApp from her sponsor, which clearly states that she is required to complete her handover by 20th June 2025.
Since receiving the notice, however, her sponsor has been repeatedly contacting her via WhatsApp and phone calls, pressuring her to immediately return the company laptop and office cabinet keys, despite the agreed-upon handover date.
In addition, she has been verbally accusing my friend and making threatening remarks, creating a hostile environment, and causing her emotional distress.
To clarify her legal position, she contacted MOHRE, who advised her to reshare the termination notice to the lady employer about the handover date (20th June 2025) as she outlined in the (Cont-1)
2025/05/30
12
Can I get a new job and employment visa while under a false embezzlement case and travel ban? 0
Hello,
My previous employer filed a case against me for embezzlement and imposed a travel ban. I know for myself it was all a lie, but since the case is already filed and the police investigation is still ongoing, I need to find a job.
However, first, I am worried that my new employer will come to know I have an active case. Second, I am worried that I cannot get an employment visa.
Can someone help me?
2025/05/29
15
Is it obligatory to issue an invoice for my customer to process his down payment? 0
Hello sir,
Is it obligatory to issue an invoice for my customer to process his down payment?
Our system doesn't allow us to issue an invoice unless the goods exist in our inventory. We also require this advance or down payment as confirmation of his order.
My customer is insisting on issuing him an invoice and says that this is required by UAE laws.
2025/05/29
13
Can I challenge my child's custody again after losing the first trial and appeal? 0
Hello,
Is it possible to try again to challenge my child's custody even if I lost in the first trial and appeal?
2025/05/29
15
Deported after being acquitted in a drug case. Can I apply to have the deportation lifted? 0
Hi,
I am an Indian and have been working in Dubai for the last 8 years. I had a criminal case (drug case).
I proved my innocence in court and was released from jail after 10 months, but the federal authority deported me from the country.
Can I remove my deportation?
2025/05/30
12

متميز
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لا توجد إجابات
عرض الجميعWhat is the responsibility of the employee in case of leaving before the end of the notice period? 0
What is the responsibility of the employee?
The employment contract is set to conclude on 31st May 2025. The employee initiated discussions regarding a salary increment approximately 30 days prior, during which the management engaged in meetings with the employee but ultimately decided to maintain the current salary.
The employee subsequently chose not to renew or continue the employment, this decision having been finalized in a meeting held on 20th May 2025.
How does the notice period apply in this context?
Specifically:
1) Would the grace period (30 days after the contract/visa ends) be considered as fulfilling the notice period requirement?
2) Is the employee entitled to request a different salary during this grace or notice period?
2025/05/21
38
Can I travel outside the UAE if I have a complaint for breach of trust by embezzlement? 0
Hello,
I have a complaint registered against me. The crime description is "breach of trust by embezzlement."
Can I travel outside the UAE? I don't have any travel ban against me.
2025/05/22
32
How can I avoid salary account seizure if Dubai Courts have ordered my assets to be frozen? 0
Hello,
Dubai Courts have sent a circular to freeze my assets in a cheque execution case dating back to 2023.
An installment plan was in place, but I missed payments.
The outstanding amount is AED 26,000. How can I avoid seizure of my salary bank account?
Thank you!
2025/05/22
32
After evicting the tenant for personal use and gifting the property to my son, can he rent it out? 0
Hello,
I had evicted the tenant by giving 1-year notice with the reason being for personal use.
After 1 year, the tenant vacated the apartment. I gifted this property to my son, who is 18 years old.
Can my son rent out this property?
2025/05/21
24
Can I be sued for posting an honest 1-star review about an upsetting experience? 0
Hello,
I recently made a Google review (and gave 1 star) regarding a grooming gone wrong to my fur baby's long, beautiful coat. Everything was done badly and so wrong; it was so upsetting and disappointing.
The owner reached out and gave some free vitamins to my baby boy and even offered to share my résumé with his contacts because I am currently searching for a job.
After an hour, the owner called asking me to delete my review. I messaged him not to pressure me or force me into doing something I don’t want to do, and told him I didn’t expect he wanted me to delete the review in exchange for the vitamins he gave for my fur baby.
I updated my review and mentioned that I appreciated the gesture. But he called again, threatening that his business partner might file a case against me.
Can they really do that to me, even if I didn’t directly ask for the vitamins and I didn’t say any bad word against their company?
I just made an honest review based on an upsetting and frustrating grooming service.
2025/05/21
20
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