أسئلة وأجوبة
أسئلة وأجوبة
3 متاح 3 • عرض الجميعأداء الالتزام التعاقدي والتأخير في الإجراءات
س: أوقف المقاول من الباطن العمل مستندًا في ذلك إلى المادتين 246 و 247 من القانون المدني الإماراتي بسبب تأخر المقاول الرئيسي في السداد (الدفع المسبق والمدفوعات المؤقتة).
لكن ما يشغل اهتمام المقاول الرئيسي هو أنه لم يستلم المستند المطلوب (وهو ضمان البنك القدم) لمعالجة الدفعة المقدمة في الوقت المحدد ولم يتم الاتفاق على مسودة خطاب الاعتماد الذي تم إصداره إلى المقاول من الباطن في الوقت المحدد نظرًا لوجود العديد من الخلافات حول بعض ما فيه.
دفع المقاول الرئيسي الدفعة المقدمة إلى المقاول من الباطن في غضون 90 يومًا من استلام ضمان البنك المقدم مرجعًا سبب التأخير إلى إعادة تخصيص المال بسبب التأخير في تقديم الضمان البنكي المقدم واتفاقية مسودة خطاب الاعتماد.
إذا أراد المقاول الرئيسي فرض عقوبة بسبب التأخير من قبل المقاول من الباطن، فمن الذي حجته ستؤخذ في الحسبان؟
يرجى تقديم النصيحة.
شكرًا لك.
2019/03/02
714
كيف يمكن مطالبة شركة بالأموال غير المدفوعة بعد تسليم المنتجات؟
س: قامت شركتنا (تابعة للمنطقة الحرة في إمارة عجمان) بتسليم بضائع إلى إحدى الشركات في البر الرئيسي بدبي.
اتفقنا على دفع 30٪ عند تأكيد الطلب و70٪ عند تسليم البضائع إلى المستودع في إمارة دبي.
دفع العميل 30٪ عند تأكيد الطلب وتخلف عن دفع 70٪ عند تسليم البضائع إلى المستودع الخاص به. عند مواجهة العميل بعدم امتثاله لشروط الدفع، طلب الدفع على أقساط.
اتفقنا على خمسة أقساط شهرية وأكد العميل تاريخ الدفعات وقيمتها عبر البريد الإلكتروني.
أكتوبر 2020، ونوفمبر 2020، وديسمبر 2020، ويناير 2021، وفبراير 2021.
ولكنه لم يدفع الشهور ديسمبر 2020 ويناير 2021 وفبراير 2021.
ومنذ ذلك الحين يتجنب التواصل معنا، وعندما نواصل الضغط عليه، يدفع مبالغ صغيرة لا تساوي الأقساط الشهرية المتفق عليها.
تم تأكيد الأقساط، لكنه لم يقدم شيكات مؤجلة الدفع.
يرجى تقديم المشورة بشأن ما يمكن فعله في هذه الحالة وما إذا كان من الممكن إحالة الأمر إلى المحكمة.
2021/06/27
789
What laws apply to goods sales, and what about delayed payments?
Q: Dear Sir/Madam,
A total of 3 consignments of spices were exported to a Dubai-based company. The payment terms were 50% against AWB and the rest after 15 days of delivery. After the delivery of the 2nd transaction, we got the first part of the payment.
Upon sending the 3rd consignment, the company complained of quality issues in the product shipped in the second consignment (after 14 days of delivery) and released the 50% payment for the third consignment also.
No further discussions were made regarding the second consignment's quality. They assured to release the payment as per payment terms.
As soon as the third consignment reached, they again complained of quality issues about the size of the product. We asked them to return the goods and not sell them further.
They have sold the goods and after 20 days, are demanding a lab test on a very small quantity of goods remaining with them and are not releasing payments.
What laws apply to the sales of goods and their payments?
What recourse do we have?
2024/04/29
137
المدونة القانونية
4 متاح 4 • عرض الجميعContracts 101: Official Agreements to WhatsApp Messages
An interview-format article covering the topic of contracts in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
2021/03/03
1136
How to Increase Chances of Getting Your Invoices Paid in the UAE
An interview-format article covering the topic of how to increase chances of getting your invoices paid in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
2021/02/24
699
How to Get Paid if You Are a Small Business?
An interview-format article covering the topic of getting paid for small businesses in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
2021/02/15
486
Payment Orders in the UAE
An interview-format article covering the topic of payment orders in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
2021/03/24
1355
قوانين وتشريعات
4 متاح 4 • عرض الجميعFederal Law No. (5) of 1985 On the Civil Transactions Law of the United Arab Emirates
The provisions of this law, promulgating UAE Civil Code, govern the civil transactions in the United Arab Emirates. The commercial transactions remain subject to the laws and regulations applicable in their regard.
1985/12/15
148408
Federal Decree by Law No. (35) of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions
The provisions of this Federal Decree by Law No. (35) of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions, known as the "New Law of Evidence", governs the laws of evidence in the United Arab Emirates. The New Law of Evidence repeals the previous UAE Law of Evidence (Federal Law No. (10) of 1992 On Evidence in Civil and Commercial Transactions).
2022/10/03
97
Federal Decree-Law No. 50/2022 Issuing the Commercial Transactions Law
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
471
Federal Decree-Law No. (42) of 2022 Promulgating the Civil Procedures Code
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
459
متميز
إجابة أخرى من
3193 3193 إجابات •
عرض الجميعMy tenant was supposed to vacate as per the contract. Can I rent the property to another tenant?
Good morning.
My tenant was supposed to vacate the property on 15th April 2025 as per the contract.
Now he is not answering the phone, and the property is still in use.
Please guide the way forward. I have already rented the property to a new tenant.
2025/04/16
2
Am I allowed to wear a burka during the divorce hearing at the family court?
Hello,
Am I allowed to wear a burka during the divorce hearing at the family court?
2025/04/16
5
What countersuit can be filed against an employer for a false absconding case?
Hello,
What countersuit can I file against an employer who filed a false absconding case against an employee?
2025/04/15
43
Is a bounced rent cheque case considered a criminal record for U.S. visa applications?
Hello,
My rent cheque was bounced, and my landlord filed a case against me in Sharjah Court. I received a fine of 2,000 AED, which was later reduced to 1,000 AED upon appeal.
Does this case count as a criminal conviction under UAE law, or was it handled as a civil matter?
If I apply for a U.S. visa, will I need to submit court records under the requirement for applicants with past convictions?
2025/04/15
33
What are the penalties for not returning from vacation after several months or a year?
Hello,
Good afternoon!
Can somebody tell me what happens if someone went on vacation and didn’t come back in one month?
What penalties will they face if they want to come back after 1 year or after some months and not to the same company?
2025/04/15
30
متميز
إجابة أخرى من
140 140 إجابات •
عرض الجميعCan a Pakistani expat register a second marriage in the UAE without disclosing the first?
Hello,
I want to know the UAE rules regarding second marriage for expats. I am a Pakistani national and already have a wife back in my home country.
Now, I want to do a second marriage in the UAE with a Moroccan girl. Can you please let me know the procedure involved?
Can I get my marriage registered in the UAE? Is it mandatory to disclose the first marriage? I am on an employment visa in Dubai.
2025/04/07
141
What are the legal consequences of my partner's voluntary withdrawal from our company?
Hello,
My partner voluntarily withdrew from our company which we established in Dubai, United Arab Emirates.
We established this company on July 1, 2024. Until now, there is no income or revenue. What is the legality?
2025/04/09
78
Can the employer ask me for visa expenses if I resign after completing the probation period?
I am working in a Dubai private company and I have completed six months of the probation period. Now, I have decided to resign due to a physical problem.
My MOHRE contract mentions one month's notice, and I am willing to serve the notice period, but the employer asks for visa expenses.
My passport was also retained by the employer. How can I cancel my visa by chance?
I filed a complaint at the labour court. How many days does it take to get a verdict?
2025/04/07
189
Is it legal to reduce the salary after signing an employment contract?
Hello,
Is it legal to reduce the salary after signing an employment contract?
2025/03/19
87
An off-plan developer is requesting future cheques for payment installments. Is this normal?
An off-plan developer is requesting future cheques for paying installments.
Is this normal?
2025/03/24
128
متميز
إجابة أخرى من
1294 1294 إجابات •
عرض الجميعIs a bounced rent cheque case considered a criminal record for U.S. visa applications?
Hello,
My rent cheque was bounced, and my landlord filed a case against me in Sharjah Court. I received a fine of 2,000 AED, which was later reduced to 1,000 AED upon appeal.
Does this case count as a criminal conviction under UAE law, or was it handled as a civil matter?
If I apply for a U.S. visa, will I need to submit court records under the requirement for applicants with past convictions?
2025/04/15
33
How can I renew my Ejari if the landlord hasn’t signed the new contract?
Hi,
I have been here for 3 years now and paid the increased amount (as per the agreement) for the 4th year.
However, the landlord did not send me back the signed contract, although I have both made the payment for the full year via bank transfer and sent my signed contract to him.
I need to renew my Ejari; however, how can I do it without the landlord's signature?
I have all the previous contracts signed by both parties, along with the Ejari for those contracts.
2025/04/14
24
How can I file a counter-complaint for a false public cursing accusation?
Hello,
How can I file a counter-complaint against a person who made a false report about me for public cursing, which I never did?
He made the complaint about three months after we last met. I now have a case because of it, but I never said any bad words to him.
I was stopped at the airport because of that.
2025/04/07
63
I got a work permit and entry from a Dubai employer for work. What documents do I need to carry?
I got a work permit and entry from a Dubai employer for work.
During the travel to Dubai, do I need to show any accommodation proof, return ticket, or anything?
What documents do I need to carry?
2025/04/14
27
I would like to know how to clear my police record due to a legal case that was closed a year ago
I would like to know how to clear my police record due to a legal case that was closed 1 year ago.
I need to clear it in order to be able to get a job position.
2025/04/14
23
متميز
إجابة أخرى من
308 308 إجابات •
عرض الجميعMy tenant was supposed to vacate as per the contract. Can I rent the property to another tenant?
Good morning.
My tenant was supposed to vacate the property on 15th April 2025 as per the contract.
Now he is not answering the phone, and the property is still in use.
Please guide the way forward. I have already rented the property to a new tenant.
2025/04/16
2
Am I allowed to wear a burka during the divorce hearing at the family court?
Hello,
Am I allowed to wear a burka during the divorce hearing at the family court?
2025/04/16
5
Is a bounced rent cheque case considered a criminal record for U.S. visa applications?
Hello,
My rent cheque was bounced, and my landlord filed a case against me in Sharjah Court. I received a fine of 2,000 AED, which was later reduced to 1,000 AED upon appeal.
Does this case count as a criminal conviction under UAE law, or was it handled as a civil matter?
If I apply for a U.S. visa, will I need to submit court records under the requirement for applicants with past convictions?
2025/04/15
33
What are the penalties for not returning from vacation after several months or a year?
Hello,
Good afternoon!
Can somebody tell me what happens if someone went on vacation and didn’t come back in one month?
What penalties will they face if they want to come back after 1 year or after some months and not to the same company?
2025/04/15
30
If an employee is terminated due to poor performance, is he eligible for compensation?
Hi,
For the private sector, if an employee got terminated due to warning letters for poor performance issued to him, is he eligible for a 1-month compensation salary?
2025/04/15
30
متميز
إجابة أخرى من
556 556 إجابات •
عرض الجميعMy tenant was supposed to vacate as per the contract. Can I rent the property to another tenant?
Good morning.
My tenant was supposed to vacate the property on 15th April 2025 as per the contract.
Now he is not answering the phone, and the property is still in use.
Please guide the way forward. I have already rented the property to a new tenant.
2025/04/16
2
Am I allowed to wear a burka during the divorce hearing at the family court?
Hello,
Am I allowed to wear a burka during the divorce hearing at the family court?
2025/04/16
5
What are the penalties for not returning from vacation after several months or a year?
Hello,
Good afternoon!
Can somebody tell me what happens if someone went on vacation and didn’t come back in one month?
What penalties will they face if they want to come back after 1 year or after some months and not to the same company?
2025/04/15
30
What to do if the bank filed case on me using security cheques and executed travel ban?
The bank filed a case against me using security cheques and executed a travel ban from Dubai Courts.
2025/04/15
21
How can I cancel my current visa immediately without serving notice?
Hello,
I got an offer letter from another company. I want the immediate cancellation paper before 20th April.
I don't have time to submit my notice period registration. What should I do?
Please give me the best advice!
2025/04/04
89
متميز
إجابة أخرى من
703 703 إجابات •
عرض الجميعWhat to do if the bank filed case on me using security cheques and executed travel ban?
The bank filed a case against me using security cheques and executed a travel ban from Dubai Courts.
2025/04/15
21
Can I request reopening a civil case if the judgment was in my absence due to sending notices to the wrong address?
Lawyers misunderstood my question. Please read carefully and then guide me.
Case Type: Civil Case
Claim amount: 400,000
Paid: 65,000
Reason: Commercial agreement of supply
Emirate: Ajman
This case was registered in 2022. The judgment was in my absence, as notices were sent to the wrong address.
I was sent to jail. I made a down payment, bailed, and paid some more amount as installments. The total paid amount is AED 65000.
Now, again, an arrest warrant is issued as I did not pay the remaining 335,000 of the claim.
According to me, I had to pay only this amount because the executioner made a wrong claim, not as per the genuine claim.
So I want to reopen the case file.
I want the court to reinvestigate and start the case from scratch.
1) How can I make that request?
2) What documents are required?
3) Chances of reopening of case?
4) Cancellation of arrest warrant
Please guide me in detail, as I will do everything myself, as I cannot afford a lawyer right now.
2025/04/04
76
If a bank has filed an execution cheques case through the Dubai Courts. Is a travel ban automatically applied?
A bank has filed an execution cheques case through the Dubai Courts due to nonpayment of a personal loan and credit card.
Is a travel ban automatically applied?
I looked on the Dubai Courts website, and it says the judge has issued a “reserved” order for my case.
Furthermore, when the bank emails, they threaten me with a travel ban. So I am assuming there is no travel ban issued (but I don’t know). I haven’t received any notice of a travel ban.
If there is a travel ban, how do I find out?
I have checked the Dubai police app, and there are no financial crimes against me.
Please advise if you know.
2025/04/04
158
Can a person with a UAE criminal case travel to another GCC country on a work visa?
Hello,
If a person has a criminal case in the UAE, can he or she travel to any other GCC country on a work visa?
2025/04/07
181
Can a Pakistani expat register a second marriage in the UAE without disclosing the first?
Hello,
I want to know the UAE rules regarding second marriage for expats. I am a Pakistani national and already have a wife back in my home country.
Now, I want to do a second marriage in the UAE with a Moroccan girl. Can you please let me know the procedure involved?
Can I get my marriage registered in the UAE? Is it mandatory to disclose the first marriage? I am on an employment visa in Dubai.
2025/04/07
141
متميز
إجابة أخرى من
1547 1547 إجابات •
عرض الجميعDo smart police stations in Dubai override official filing hours for legal deadlines?
Dear Lawyers,
The case needs to be filed during official working hours, on a subsequent working day (if the last day falls on an official holiday), in Dubai.
With Smart Police Stations operating 24/7, how are these situations considered?
Should the case be filed during working hours, say before 3 PM, etc.?
2025/04/16
5
What countersuit can be filed against an employer for a false absconding case?
Hello,
What countersuit can I file against an employer who filed a false absconding case against an employee?
2025/04/15
43
Is a bounced rent cheque case considered a criminal record for U.S. visa applications?
Hello,
My rent cheque was bounced, and my landlord filed a case against me in Sharjah Court. I received a fine of 2,000 AED, which was later reduced to 1,000 AED upon appeal.
Does this case count as a criminal conviction under UAE law, or was it handled as a civil matter?
If I apply for a U.S. visa, will I need to submit court records under the requirement for applicants with past convictions?
2025/04/15
33
Can a person with a UAE criminal case travel to another GCC country on a work visa?
Hello,
If a person has a criminal case in the UAE, can he or she travel to any other GCC country on a work visa?
2025/04/07
181
Can a Pakistani expat register a second marriage in the UAE without disclosing the first?
Hello,
I want to know the UAE rules regarding second marriage for expats. I am a Pakistani national and already have a wife back in my home country.
Now, I want to do a second marriage in the UAE with a Moroccan girl. Can you please let me know the procedure involved?
Can I get my marriage registered in the UAE? Is it mandatory to disclose the first marriage? I am on an employment visa in Dubai.
2025/04/07
141
احصل على عروض أسعار من محامين
ابحث عن المحامي المناسب لاحتياجاتك القانونية.
أرسل طلبك واحصل على عدة
عروض تنافسية من
محامين مؤهلين.
أسئلة شائعة
عرض الجميع هل تبحث عن شيء آخر؟
اطلب استشارة من محامٍ