Questions & Answers
When do you consider a civil or criminal claim time-barred
Reviewing this article and UAE FL 18 of 1993, Article 95 CTL states 10 years for commercial obligations between bank and person (trader):
I would like to know if the statute of limitation (time-bar) can be brought up in court for defence if the verdict by the initial court is issued in 2010 (10+ years ago) and nothing has paid by the debtor after the execution of the verdict.
Exp: If a case has a time table like below, can the defendant still use the law in relation to time-bars?
- Case opened in the UAE initial commercial court: 2010
- Case reached a verdict in absentia (UAE commercial initial court): 2010
- Case is sent to Execution court and remained there ever since: 2012
If nothing has changed and no payment is made, am I right to assume that after 10 years (2021), this claim is time-barred and the defendant can use the statute of limitation as his defence with the debtor?
Dear Questioner,
Thank you for writing to me.
Please note that the execution will be open and active during this period. The debtor cannot defend by stating that the execution or judgement is time-barred.
The limitation is for filing the claim before the court. Once you receive a judgement there is no time limit for execution.
Article 473 of the Civil Transactions Law states that a right shall not expire by the passage of time but no claim shall be heard if denied after the lapse of fifteen years without lawful excuse, but having regard to any special provisions relating thereto.
As per Federal Law No. 35 of 1992 as amended criminal cases lapse after 20 years in felonies (serious crimes) punished by death sentences, 10 years in all other felonies, 3 years in misdemeanour and 1 year in violations.
Hope the above explanation is clear.
Thank you.
Regards,
Rajasree Ravivarma
