Questions & Answers
Questions & Answers
6 available 6 • View allSettlement agreement for paying the amount of a bounced cheque
1
Q: I have a bounced cheque of AED 75,000. It is under the name of a saloon and the owner is asking me to give her time to pay.
She is telling me that she will pay me monthly starting this end of January, and she will pay AED 100,000 instead.
Is it possible to do an agreement with this? If ever, is this valid in court?

Jan 18, 2018
945
Claiming a personal debt with post-dated cheques
0
Q: I was persuaded by my friend to put money in an online trading, and he will trade on my behalf and will share the profits.
He guaranteed me that he will trade very carefully and the principal amount will not decrease, but he lost all the money in one night which is AED 35000.
Then he gave me 6 cheques of 5000 each payable after every third month.
Kindly advise how to proceed as he is not ready to pay now.

Jan 9, 2018
902
Settling a case of bounced cheque given as reimbursement by the landlord
0
Q: I want a legal advice on this. I filed a criminal case against one of the real estate companies here in the UAE.
I was supposed to rent a flat and paid 3 months in advance cash to the agency without signing a contract because they promised me that I will sign a contract next day.
To cut the story short, it didn't go well, so I decided to refund my money back. The manager issued me a company cheque but it bounced.
Now, we both agreed that he can pay in instalments and do it in front of the court.
The first question is, can we resolve this case without me filing a civil case against him?
The second question, will the court give him a travel ban until he settles the full amount?
Third, can I get compensation from him for spending money on this case?

May 17, 2018
557
Understanding liabilities before signing a debt settlement agreement
0
Q: Salam Naser,
I was in dispute with a client over non-payments and now it's the time we agreed to sign a settlement agreement.
Her lawyer has sent the agreement letter which has the following two terms in it and which are not clear to me. It will be nice of you if you can guide me accordingly.
"1. Indemnity
The Parties agree that it shall indemnify and keep the other party indemnified from and against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by the party arising out of the other party carrying out its obligations under this Settlement Agreement or breach or negligent performance or non-performance thereof."
Confusion, who will be the authority to define these losses...etc? It's a very technical term.
"2. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Dubai International Financial Centre (DIFC), without giving effect to any choice of law or conflict of law provisions. The Parties consent to the non-exclusive jurisdiction of the DIFC Courts."
Confusion, They're mentioning DIFC law specifically, I don't know the reason. Should it be the UAE courts laws in general?
Your help and suggestion will be highly appreciated.

Jul 11, 2018
1549
The procedures of validating a waiver of bounced cheque case
5
Q: My father had a case of a bounced cheque of AED 450k against him filed by a supplier.
He was detained at Al Riffa Police Station and proceeded for Public Prosecution in Barsha where he was sentenced to 3 months in an outer jail.
We did not want to prolong this so we made a settlement with the supplier who filed the case to provide us with Tanazul (Clearance/ NOC), stating that they wish to withdraw the case and settlement has been made.
Is this sufficient to have my father released from jail? What other procedures are involved?

Mar 4, 2019
2233
Defendant stopped payments, says arrest needs proof of funds. What to do?


2
Q: Hello,
I have won a civil case for claiming an unpaid personal cash loan. The defendant paid 50% of the total amount due and the remaining 50% in monthly installments.
However, she stopped making payments because of a new law implemented last November, stating that I can only arrest her if I have evidence or a report confirming she has money.
Is this true? If so, what is the process for this? I need advice, and should I hire a lawyer for this matter?



Jan 9, 2024
100
Legal blog
1 available 1 • View allجريمة الشيك بدون رصيد ما بين الوضع الحالي والوضع المستجد 19
يلعب الشيك دوراً مهماً في الحياة اليومية سواء في ميدان المعاملات التجارية أو في ميدان المعلامات المدنية باعتباره أداة وفاء والتزام تحل محل النقود في التعامل بين الافراد. ونظراً لهذه الأهمية فقد أصبح أكثر الأوراق التجارية انتشاراً وتداولاً بين الناس، على الرغم من حداثته نوعاً ما. فالشيك لم يبق كما كان في بداية عهده أداة لسحب الودائع المصرفية لحساب الساحب ذاته، بل أصبح أداة وفاء تحل محل النقود سواء على النطاق الداخلي بالنسبة للمعاملات التي يقوم بها الأفراد داخل الدولة فحسب وزادت أهميته.
Jun 3, 2021
11289
Laws & Regulations
3 available 3 • View allFederal 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
47923
Federal Law No. (11) of 1992 Concerning Issuance of the Civil Procedures Code 42
The law promulgates UAE Civil Procedures Code (Civil Procedure Law) which governs civil procedures in the United Arab Emirates, including the prosecution before the courts, litigation and execution.
Feb 24, 1992
75346
Federal Decree Law No. (14) of 2020 Amending Certain Provisions of the Federal Law No. (18) of 1993 Concerning the Commercial Transactions Law 4
The provisions of this Decree by Law amend the Federal Law No. (18) of 1993 by replacing Clause (4) of Article (379) as well as Articles (600), (617), (641), (642), (643), (644), and adding new articles numbered (635) Bis, (641) Bis (1), (641) Bis (2), (641) Bis (3), (641) Bis (4), (643) Bis (1), (643) Bis (2), (644) Bis (1) and (644) Bis (2). The Decree-Law also repeals Articles (401), (402) and (403) of the Federal Law No. (3) of 1987.
Sep 27, 2020
3538

Other answers by
226 226 answers •
View allDisputing tenant's refusal to accept old landlord's rent increase notice 0
Hi,
We recently bought a villa in Dubai. We are looking for an advocate for legal advice.
Even though the old owner gave the tenant a 90-day notice about the new rent, the tenant is not agreeing to the notice because it didn't come from us.
Since the renewal is in October and we bought the property in September, we don't have 90 days to notify the tenant of the new rent.
The tenant agreed to the new rent in an email with the old owner 90 days ago. Can we dispute this?
Sep 25, 2023
163
We had an accident. Can I claim the treatment costs paid to hospital from the insurance? 0
My family and I had an accident. The incident occurred the very next day of their arrival in the UAE on a residence entry permit and their visa//health insurance was still in process.
With gods grace, everyone was discharged from the hospital on the 3rd day after many tests and keeping us under observation. We were slapped with a hefty bill as my family was not holding any health insurance.
What are the chances that I could claim the medical expenses through the vehicle insurance, as it covers co-passengers as well?
May 29, 2023
235
My brother's wife got pregnant with another guy. What happens if he files a case against them? 0
My brother's wife got pregnant with another guy. He wants to file a case against them.
What will happen to them if ever?
May 4, 2023
303
What can I do if a company hired me then changed their mind? 0
I am working in a company and their management is the worst. They made an interview in India and called me.
After calling me here, they again made interviews and made me work for 1 month. And now, they're telling me I am not capable of work and they are mentally torturing me.
I have given them 1.5 lack in office in India and here they are not paying me any salary. I am going into depression as I am not getting any solutions.
The only solution coming to my mind is a suicide, I don’t have any other options left. I have taken money in interest and people are daily coming to my house for money.
Please guide me in a proper way on what I can do.
Apr 18, 2023
196
What happens to the company and its operations if one of the partners is deceased? 0
X Real Estate LLC is a newly formed LLC company in the mainland (DED) with 10 partners, 9 of them Indians and one Pakistani.
As per the new provisions, the company is owned 100 % by expatriate residents. The company’s business is buying and selling real estate in the UAE.
Query:
What happens to the company and other partners, when one partner dies with or without a will?
Can the remaining partners continue to operate the bank account or it will be frozen?
Are the operations of the company frozen? Can the remaining partners carry on the business as usual, buy, rent, and sell the properties?
Can the partners pay the share of the deceased partner to his legal heirs and distribute his share among the remaining partners?
Will this affect the other businesses of the remaining 9 partners in any way?
Feb 27, 2023
211

Other answers by
77 77 answers •
View allCan the tenant exit the lease contract early after losing access to gas? 0
There was a gas pipe explosion in our building and the whole floor is unhabitable.
So we are located on another floor, gas usage was cut and had to rely on electric plates which takes longer time to cook and there is the fear of fire if left unattended.
Gas will be reinstalled after 3 months and we wish to terminate the contract early because we cannot use the gas which is one of the facilities we agreed for in the contract and we feel unsafe in the building because every now and then the alarm goes on.
They gave us an option to move to their other buildings but will even be farther from work plus the transportation costs will increase.
Do we have to pay penalty charges for a situation that is not our doing? We are already having heart palpitations whenever there’s an alarm?
Oct 24, 2019
425
Is it possible to terminate an employee due to her bad attitude 0
Good morning,
We have given an employee a final warning due to attitude and creating fights with employees.
Last time, she did the same thing after that she left the office early without informing the manager (she informed the owner of the company which is not the direct report) after that she was absent for 2 days without informing the same.
She sent a message to the owner of the company, but the owner did not reply nor approve her reason for being absent.
Is it valid that I serve her termination?
Thank you!
Oct 20, 2019
632
Filing a case for higher maintenance and possibility of travel ban 0
I'm an Australian non-Muslim expat resident for 10 years. My wife is the same, as are our three children, ages 19,16 (girls) and 11 (boy).
I have opened a case for divorce in Australia, and the hearing is in November. My wife wants to take me to court in the UAE regarding child maintenance.
I currently pay 35% of my monthly salary to my wife for child support. She wants more. I am due to leave the country next July permanently.
If she opens a court case, will that stop me from leaving? Has she got a case for more money?
Sep 12, 2019
1849
Removing a travel ban requested by the guardian of a child 0
My question is about my son who has a travel ban for the past four years.
I am a divorced woman and the travel ban is from his father. I want to move back to my home country as I don't have any emotional or physical support here.
My parents are old and would like to move back for good. I have tried discussing this matter with his father but unfortunately, the matter is still unresolved.
I am willing to let go of all financial support in order to go back. Please let me know if this can be resolved in any way.
Jul 30, 2019
5486
The impact of a company shareholder on closure decision by majority 0
Hi,
I am a partner of a Dubai based (mainland) company. Due to the financial restraints, the investor (shareholder) has decided to close the company.
Now, I want to know if they can do this without my consent as the sponsor 51% and partner 26% have decided this. My share is 24%.
Jun 27, 2019
743
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