Questions & Answers
Questions & Answers
9 available 9 • View allLiability of the guarantor toward creditors in the UAE

6
Q: Hello,
I signed as a guarantor for my brother for a company loan he took, I was a partner. However, my brother has left the country 2 years ago.
Now, I have a civil case on me and the court and bank ask me to pay the amount of AED 450,000.
Please advise, what happens if I am unable to pay this money?


Oct 21, 2018
4866
Liability of a guarantor after the debtor fled the country

12
Q: Hello
I signed as a guarantor for a person's company loan for AED 500,000.
The person is no longer in the country and now there is a civil case on me.
What is the penalty or jail term I would be looking at?
If I go through the jail term, is the outstanding amount is also cleared?


Oct 9, 2018
7521
Is the wife liable for the unpaid loan of her husband?
6
Q: Am I responsible for the unpaid debts of my husband?
My husband took a loan in Dubai. We were paying installments on time but later on, he lost his job and we had to move back to our home country.
Now he can’t go back to the UAE until he settles his debts. My company wants me to go to Dubai for some official work but I am not sure if I am able to travel freely or I am also banned to travel.
Please, can someone help me with this?

Apr 25, 2021
1712
What rights and possibilities does the beneficiary have against the guarantor?
2
Q: What is the enforcement process of a personal suretyship?
My maid agreed in writing to be the guarantor of a private loan (AED 10,000 + AED 2,000 interest fees) for a principal debtor against the beneficiary.
The principal debtor left the country and is not available. What rights and possibilities does the beneficiary have against the guarantor?

Jun 13, 2021
339
صدور حكم تنفيذي ضد ضامن لقرض بنكي
1
س: كفلت أخي مجرد ضمانة عادية بدون أن أطّلع على الأوراق في البنك ثم فوجئت بحكم تنفيذي عليّ وأنا قد أُخرجت من عملي بنفس تاريخ القضية.
الآن كل أموري متوقفة حتى أولادي لا يدرسون للعام الثالث.
أرجوكم هل من حل؟
وجزاكم الله خيرًا!

Nov 12, 2019
515
هل تسقط الكفالة بالتقادم إذا لم يتخذ الدائن إجراء خلال 6 أشهر؟

2
س: السلام عليكم،
قمت بكفالة شخص قريب لي كفالة عادية، ولقد استحق الدين منذ أكثر من 6 أشهر ولم يتخذ الدائن خلال هذه الفترة أي إجراء قانوني ضدنا أو يرفع دعوى مطالبة مالية.
هل تسقط الكفالة في هذه الحالة بالتقادم؟
شكرًا جزيلاً!


Sep 15, 2022
1511
Are relatives responsible for a loan taken from a UAE bank?

2
Q: Hello,
I was a resident of UAE and got diagnosed with HIV positive recently. I was asked to leave UAE immediately and left on the same day.
I have a personal loan of 600000 AED from a UAE bank. Now I'm back in India taking HIV treatment and I'm almost left with no money for treatment, struggling a lot for daily expenses without an income.
Also, I have no property with me to pledge or sell (my parents have a 40-50-year-old property which is in court litigation by my siblings). Now my question is:
What consequences will I face and how soon for the unpaid loan in UAE? Can the bank/collection agency claim my parent's property?
I don't know how long may I live in this world. My kid and wife have no income other than mine. Only by selling my parent's property, they can lead their life after my death.
If this property is claimed by the bank, then I don't know what to do. This is also affecting my mental pressure and health further.
Please advise!


Oct 11, 2022
678
هل يحق لحامل الفيزا السياحية أن يكون كفيلاً أو ضامنًا؟

1
س: مرحبًا،
أنا دخلت إلى دبي بفيزا سياحية وباقي منها شهرين.
هل يحق لي أن أكون كفيلاً أو ضامنًا ماليًا لشخص آخر مقيم؟
وشكرًا!


Oct 30, 2022
177
What should a guarantor do when the original debtor fails to pay?
1
Q: Hello sir,
I hope you are doing well!
I had unknowingly signed a personal guarantee of a loan taken by my husband for his general trading.
Now I am liable to pay the debts when my husband has defaulted even though I was not a partner or related in the company.
I am a housewife with no source of income and have no assets or even bank accounts in Dubai under my name.
How can the court instruct me to pay the debt?

Nov 27, 2022
266
Laws & Regulations
2 available 2 • View allFederal Law No. (5) of 1985 On the Civil Transactions Law of the United Arab Emirates 96
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.
Dec 15, 1985
148539
Federal Law No. (3) of 1987 Promulgating the Penal Code 29
This Law promulgates the Federal Penal Code (Criminal Law) of the United Arab Emirates. Crimes and chastisement punishments shall be determined in accordance with the provisions of this Law and other penal codes.
Dec 8, 1987
47955

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Other answers by
كيف يمكنني الاستعلام عن قضية إبعاد أمني ومحاولة العودة إلى الإمارات؟ 0
السلام عليكم،
أود الاستفسار بشأن قضية إبعاد زوج خالتي من دولة الإمارات العربية المتحدة. زوج خالتي كان مقيماً في الإمارات وكان قد وُلد وترعرع هناك.
في عام 2013 تم إبعاده من الإمارات، وكان ذلك نتيجة لسياسات حكومية كانت تستهدف مجموعة من المقيمين في تلك الفترة، وهو لم يكن قد ارتكب أي مخالفة في ذلك الوقت وكان يُعتبر ضحية للسياسات المتبعة.
أرغب في معرفة الإجراءات التي يجب أن أتبعها حالياً من أجل رفع هذا الإبعاد وتمكينه من العودة إلى الإمارات.
أرجو أن توضح لي كيف يمكنني مساعدته في هذا الموضوع.
شكراً جزيلاً.
May 1, 2025
13
My previous organization has not yet released EOSB because I contacted a client. Is this legal? 0
I recently joined a new organization in the Hamriyah Free Zone, and my previous organization has not released my end-of-service benefits.
The HR has instructed the finance team not to do so because I had contacted one of their clients.
In my DMCC contract, there is no Non-Compete clause, but the offer letter has one, and now they are not releasing the end-of-service.
Is this legal? What are my rights?
Apr 30, 2025
17
Can I renew my trade license and visa if I have multiple cheque execution cases filed against me? 0
Hello,
I have multiple cheque execution cases filed against me due to financial strains last year.
My trade license and visa will expire next month, along with my Emirates ID.
Is it possible for me to renew my license and visa along with EID prior to settling the execution cases?
The trade license and visa were issued by the free zone authority.
I look forward to your response.
Thanks.
May 1, 2025
42
How to file a case against my former company for unpaid salary I was not on their visa? 0
Dear Legal Advice Middle East,
I hope you are well.
I am seeking legal advice regarding an unpaid salary issue with my former employer, [-----]2 LLC. I was employed with them from December 4, 2024, to January 7, 2025, on a monthly salary of 5,000 AED.
However, I only received a partial payment of 2,473 AED on February 24, 2025. The remaining 2,527 AED is still unpaid.
I submitted a complaint to MOHRE on March 2, 2025, but I am unable to proceed further through their official channels.
This is because I was working under the visa of my previous employer, [---] LLC, and not under [----]’s sponsorship.
As a result, I do not meet the criteria to file a labor complaint via the MOHRE app or hotline.
Given this situation, I would appreciate your guidance on how I can legally pursue the recovery of my remaining salary, considering the complications related to my visa status during the employment.
Apr 30, 2025
22
Can I return to Dubai after 12 years away on a new employment visa? 0
Hello,
I came from Dubai to India on emergency leave, but unfortunately, I did not return. It has now been 12 years. Can I go to Dubai on a new visa?
I have already received a new employment visa from another employer.
Can I return to Dubai, or will there be any problems with UAE immigration?
Please advise!
Apr 30, 2025
15

Other answers by
When to claim an inheritance in Dubai while being abroad and which law is applied ? 2
Dear sir/madam,
I would like someone to be honest with me. I am in the UK. How long have I got to claim inheritance in Dubai?
I was reading in the Gulf News that the laws of the country of the deceased at the time of death can be applied regarding the will.
Is this true or false? I am really looking for these two questions to be answered first. Can anyone help me with this, please?
Mar 25, 2022
487
I seek to cancel a purchased property and get refund for delay in handover 0
Dear Advocate Sweta Singh,
I am from India and in Sep 2018, I purchased an apartment in a hotel. The hotel has not been completed and the delay is more than a year.
They have not paid any compensation as per the contract, nor do they talk about it. I have paid more than 80% in installments and paying it regularly.
Please help me, guide me on how to cancel the deal and get a full refund, or any other way which helps me recover my investment.
Regards
Mar 9, 2022
380
Is it possible to apply a will issued in South Africa in the UAE? 1
Dear questioner,
My father (Muslim) has passed away in South Africa. He leaves behind 4 children, his wife (our mother) and his own mother.
He had a will for South Africa in which, I (oldest son) am executor. The will does state that it encompasses all property and assets wherever they may be.
He has various properties and assets in the UAE. My questions are:
1. Does his will have power in the UAE or will it be divided by Sharia?
2. What documents are required to wind up his estate?
3. What is the wind-up process within the UAE?
Feb 22, 2022
504
How to access the bank account of my son who passed away recently? 1
My son tragically died in Dubai and his salary has been paid into a UAE HSBC bank account.
My daughter also lives in Dubai and has an HSBC account.
How can I access my Son's bank account, please?
I live in the UK.
Feb 17, 2022
399
How can we access the bank account of a deceased person? 0
My uncle died 2 weeks ago in one of the private hospitals here in Dubai.
We have already completed everything regarding the repatriation of his body with the help of his employer and his remains are already sent back to our home country last week.
He used to give me an access of his ATM card before and I tried to access it just few days ago and I found out that there is some amount of money left on his bank account.
I am aware that he has some pending bank loan requests before he died, so I am afraid that amount might be the reason of such big amount.
Being the only family member of my deceased uncle, what should I do in order to make sure that the amount is from his savings and not from his bank loans?
In case the amount is proved to be his own savings, is there any chance for me to get the authorization to claim that amount from the bank to be used by his family?
He has a wife with 3 kids back home.
Thanks a lot in advance.
Feb 10, 2022
318
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