Questions & Answers
Questions & Answers
6 available 6 • View allRepercussions of a labour or commercial case on the company managing partner
1
Q: 1. Do the labour judgements in a labour case or a minor commercial case result in an automatic travel ban for managing partner? Or does it happen after the enforcement/execution of the judgement is filed?
2. Can a person renew visa with those judgements, if no enforcement is filed in either case?

Jan 24, 2021
879
What is expected to happen after winning a commercial case for debt recovery?
2
Q: I have filed a commercial case for debt recovery against the defendant company in Dubai. I have won the case in my favor.
The defendant company's eventual owner and the managing director are Indian ex-pats based in Dubai since more than 30 years.
He is currently in Dubai and I strongly know and believe that he cannot run or leave Dubai in the immediate to long term so he will have to face the execution filed against him.
What is expected to happen (what will be each stage) after we file for execution and the expected timeline I will expect in due course before I can finally recover our funds
Please anyone can guide me in detail and in full explanations.
Thank you!

Apr 16, 2021
588
What to do if you default on commercial lease and get a bounced cheque judgment?

1
Q: I have got a decision against me from RDC for 1.5 million.
I issued the cheque but the contract is in somebody else's name. Also, the manager is another person but I issued the cheques of my company.
I want to know how RDC will start the implementation of judgment because I lost all of my business during Corona.


Jun 26, 2021
463
Can I request a travel ban against the manager of closed company for a debt he has?
1
Q: Dear Sir,
My question is can a travel ban be issued against the manager of a closed company who had debts and outstanding financial liabilities?
As a creditor of a company, can I request the court to issue a travel ban against the manager of a closed company?
Which article of the UAE commercial law talks about this?

Aug 2, 2023
269
Can a travel ban be issued against the owner/manager of a closed company?
2
Q: Hi,
I want to know if a travel ban can be issued against the owner/manager of a closed company whose trade license has also expired due to outstanding financial liabilities or debts.
As a creditor of the company, can I apply to the court for the issuance of a travel ban?

Aug 2, 2023
440
How is Article 322 of UAE Civil Procedure Law interpreted?



1
Q: Dear Lawyers,
Conditions for placing the manager of a debtor company in jail.
Article 322 of UAE Civil Procedure law states as follows:
"If the debtor is a private legal entity, the order shall be issued for the imprisonment of who represents the company legally or any other person if the refusal from execution is attributed to them personally."
Does "the refusal from execution is attributed to them personally" apply only to "any other person" or also applies to "who represents the company legally"?
If I ask for the detention of the manager or partner of a company, have I to prove that the manager/partner is refusing to execute the writ?
This is a general question regarding the interpretation of the law. It is not linked to my cases or documents.




Jul 11, 2024
81
Legal blog
3 available 3 • View allProcedures of Litigation and Execution in the UAE 42
Many people opt to go for litigation without hiring a legal professional, mainly because they can't afford it. This article provides a brief summary of the steps and procedures of litigation. As the process itself can be confusing to many, even after getting a favorable judgment, we present some tips to help them execute judgments issued by the court and get their rights if an amicable solution has not been reached.
Aug 5, 2021
21126
The law does not protect fraudsters 8
The UAE Penal Code, like all other laws, addresses the crime of fraud in Article 399 of the UAE Federal Penal Code, which stipulates that whoever seizes, for himself or another, a movable property, or obtains a document or signature thereon, cancellation or destruction thereof or amendment thereto by fraudulent means, or by assuming a false name or capacity, where such an act leads to deception of a victim and leads him to surrender shall be punished by imprisonment or fine.
Apr 19, 2023
661
There is an execution against me in the UAE; what should I do? 39
There is an execution against me in the UAE; what should I do? How do I cancel the arrest warrant and summons, and how do I deal with the travel ban? Dear readers, we present this simplified article, in which we explain the implementation procedures briefly, how the defendant can deal with them, and the options he can take to enforce the judgment smoothly while decreasing the damages of implementation as much as possible.
Apr 18, 2024
4222
Laws & Regulations
2 available 2 • View allFederal Law No. (2) of 2015 On Commercial Companies 15
The provisions of this Law apply to the commercial companies established in the UAE and the foreign companies that have established in the UAE a base to conduct any activity therein or established a branch or representative office. The Law abrogates Federal Law No. (8) of 1984 Concerning Commercial Companies.
Mar 25, 2015
29611
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
75447

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Does the new property owner have to sign a new contract with the tenant? 3
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Cleaner's resignation with 30-day notice in incomplete contract 7
Hello,
Good afternoon!
My friend works as a cleaner for a cleaning company and she now wants to resign with a 30-day notice. However, she has not completed the two-year contract and has only served for 16 months.
Additionally, she has not taken any vacation leave. The sad part is that when she signed the offer letter, she did not receive a copy of it and only signed it.
I would be very grateful if you could let me know if she would have to pay or if her boss has the right to not accept the resignation if the notice period mentioned in the offer letter is more than a month.
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إثبات صورية شراكة كفيل إماراتي 1
السلام عليكم،
نحن شركة ذات مسؤولية محدودة ولدينا كفيل إماراتي صوري، ولكن بالرخصة التجارية هو شريك. هذا الكفيل صاحب أخلاق عالية ولا خوف منه ويعرف نفسه بأنه ليس بشريك فعلي.
السؤال: إذا، لا سمح الله، توفي فقد نخوض مشاكل قانونية مع عائلته، فما الحل القانوني الذي يمكن أن ننجزه معه الآن ضمانًا لحقوقنا مستقبلاً؟
Aug 16, 2022
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العميل سدد المبالغ التي استخدمها ورفض دفع مبالغ الفائدة البنكية. هل يجوز ذلك؟ 2
السلام عليكم،
هل يحق للبنك في إمارة دبي أن يرفع دعوى جنائية أو مدنية ضد عميل لم يسدد مبالغ الفائدة بل سدد فقط المبالغ التي قدمها البنك أصليًا (مبلغ القرض فقط)؟
منحه البنك بطاقة ائتمانية بحجة أنه "قرض حسن بدون فوائد"، وبعدما استخدم العميل البطاقة الائتمانية بفترة زمنية قصيرة وفجأةً تم إرسال رسالة إلى العميل تفيد بأن هناك مبالغ متراكمة بسبب الفائدة البنكية بقيمة ٤٠٪ من القرض الأساس المُقدم إليه.
علمًا بأنه تم تزويد العميل بالبطاقة الائتمانية عن طريق البريد السريع لعنوان منزله بدون طلب رسمي من العميل بذلك، بالإضافة إلى أنه لا يوجد أي من المستندات التالية بين البنك والعميل:
١- عقد. ٢- اتفاقية. ٣- شيكات كضمان. ٤- سند أو شريعة أو قبول خطي أو غير خطي أو توثيق يتضمن أي توقيع من الأطراف؛ بمعنى آخر، لا يوجد أي اتفاق على الإطلاق.
العميل سدد المبالغ التي استخدمها ورفض دفع مبالغ الفائدة البنكية المضافة سالفة الذكر.
الرجاء الإفادة ولكم جزيل الشكر!
Aug 14, 2022
283
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