Questions & Answers
Questions & Answers
3 available 3 • View allمطالبة المحكمة بانتداب خبير آخر لإخلال الأول بضوابط الخبرة



1
س: السلام عليكم،
في محاكم دبي بعد قيام الخبير المنتدب بتسليم تقريره للمحكمة وبعد يوم عمل فقط، قامت المحكمة بسداد أمانة الخبرة للخبير، لكن المدعي يرغب في تقديم شكوى ضده ومطالبة المحكمة بانتداب خبير آخر لإخلاله بضوابط الخبرة.
هل بإمكان المدعي فعل ذلك رغم استلام الخبير مستحقاته المادية؟
وهل عادة المحكمة أن تصرف مستحقات الخبير بمجرد تسليمه للتقرير دون انتظار أي تعقيب من أي طرف خصوصًا أن موعد الجلسة القادمة لم يأتِ بعد؟




Sep 27, 2022
419
كيف تحكم المحكمة في دعوى متخصصة بدون طلب انتداب خبير؟

3
س: السلام عليكم،
أخلّ أحد طرفي التعاقد ببنود العقد وكان الاتفاق على أنه في حالة الإخلال يُطبَّق شرط جزائي محدد بالإضافة إلى مطالبة الفريق المتضرر للفريق المخل بالتعويض المناسب.
في المحكمة عندما يرفع الفريق المتضرر دعوى ويطالب فيها بتعويض مادي ما - بحسب تقديره - وتُحجز المحكمة الدعوى للحكم، كيف للمحكمة أن تعرف عند إصدار حكمها إذا ما كان هذا الرقم هو فعلاً مناسب أم مبالغ فيه طالما أنه رقم تقديري من قبل الفريق المتضرر ناتج عن خسائر لعمل فني تلفزيوني؟
في هذه الحالة المحكمة ليست على علم بالأمور الفنية وحيثياتها ولم يقم أي من طرفي التداعي بطلب انتداب خبير؛ بل كلاهما طلبا حجز الدعوى للحكم وقد حُجزت للحكم بالفعل.
كيف تتصرف المحكمة في هذه الحالة؟


May 5, 2022
1170
طريقة تقديم طلب إعفاء من رسوم خبير في دعوى تجارية
1
س: السلام عليكم،
لدي دعوى تجاري جزئي وأنا المدعي، وقد أصدرت المحكمة حكم تمهيدي بندب خبير وتكليفي بمبلغ 7000 درهم أمانة خبرة، ومبلغ المطالبة 40000 درهم.
فالمبلغ كبير والدعوى ثابتة بشيكات قد سددتها للمدعى عليها وقدمتها للمحكمة. قدمت طلب للمحكمة بالاعتراض على ندب خبير وقد ورد قرار القاضي بفرصة أخيرة لسداد أمانة الخبرة وقدمت طلب بعزل الخبير.
ورد الرد "يتم القرار على الطلب في الجلسة القادمة"، هل ما أقوم به الصحيح وماذا يمكن أن يحدث؟
هل من الممكن أن يتم رفض الدعوى أم سوف يتم الحكم وفقاً للمستندات والشيكات المقدمة أمام المحكمة؟

Sep 16, 2021
1298
Legal blog
1 available 1 • View allماهية الإستشارة القانونية 0
إن الاستشارات القانونية هي أحد أهم أعمال المحاماة، وقد يعتقد البعض أنه ليس من الضروري تعيين محامي متخصص لأعمالهم أو شركاتهم إلا في حال التعرض لمشاكل قانونية، إلا أن حقيق الأمر تتطلب الحذر دائمًا، فبدلًا من أن تواجه ردود أفعال غير مرغوب فيها قد تكلفك الكثير من الوقت والجهد والمال، يمكنك الحصول على استشارة قانونية أياً كانت قيمتها فلا تقارن بقيمة الخسائر المادية والمشاكل القانونية التي قد تنتج عن التصرف بدونها، ولعل كثرة القضايا والمنازعات سببها عدم أخذ الرأي القانوني من أهل الخبرة.
Jul 18, 2023
262

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Can I stay home if my boss doesn’t pay my salary on time?
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I am currently working with my company and have one month remaining to complete my first contract.
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What will happen if I resign at the end of my first contract before receiving the new visa while it is still in process?
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My husband is taking a loan to get married again while my daughter and I live in a shared accommodation. What are my rights? 0
My husband has a girlfriend/fiancée. He is Muslim now, but when we got married, we were both Christians. So I know that he will not have another wife because it's not allowed in our country and religion.
Do I have the right to tell him that it's illegal?
Also, we have loans here and in our country, and he wants to get a loan just to marry his girlfriend and find a flat for her. While my daughter and I only live in a room with shared tenants.
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If a bank has filed an execution cheques case through the Dubai Courts. Is a travel ban automatically applied? 0
A bank has filed an execution cheques case through the Dubai Courts due to nonpayment of a personal loan and credit card.
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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.
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Paid 10% for a Dubai freehold flat but can't proceed. Can I get a refund without signing the SPA? 0
Hello,
I purchased a freehold flat in Dubai and paid an initial 10% while signing the reservation agreement. However, due to financial issues, I am unable to proceed with the next payments.
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Mar 7, 2025
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Tenant damaged property, deposit insufficient; how to claim compensation? 0
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A tenant damaged the property I recently purchased upon their eviction, and the security deposit does not cover all of the damages.
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Is it legal for a landlord to cut DEWA before the rental court verdict? 0
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I was supposed to renew my rental contract in early February, but due to harassment and threats, we agreed in rental court that we would settle and move out.
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Can a civil case delay my deportation after a criminal conviction? 0
Hello,
If I have a deportation due to a criminal case, and while serving time inside, a civil case is opened against me, does that stop my deportation?
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Can I keep my shop by paying rent in installments despite an eviction case against me? 0
Hi,
I have leased out a shop in Dubai, but due to huge financial losses and my husband's job loss, I can't afford to pay the rent. Meanwhile, my landlord has filed a case for eviction and payment of rent.
Right now, my condition is getting better as my husband has got a job and is ready to pay the rent in installments.
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View allAssistance with clearing a police case and lifting a travel ban in the UAE 0
Good day!
I have rental disputes and got a settlement plan 8 months ago.
But I did not pay the settlement because at the moment of applying for the settlement plan, I had a job offer and lost it because of the travel ban and the visa could not be processed.
I have another personal police case where I already paid an amount of 18,000 and the claim was 40,000 dirhams. Now that I did not continue paying, the plaintiff put the case again.
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I bought a new vehicle from the dealership with a hidden defect. What can I do? 0
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How to know the judgment when the portal says "decided"? 0
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There is a case against me in a commercial, full-jurisdiction court. Sorry if I'm getting this wrong. I have not participated in the case and on the advice of my UK lawyers, I have not been represented there in Dubai.
Upon checking the portal, it says a judgment was reached yesterday, but I can't see further details. So my questions are:
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Getting deported from the UAE while the medical checkups are good. What to do? 0
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Sep 1, 2022
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Is it mandatory to visit the CID in person to update my records? 0
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Recently, I also received my residence visa. After the visa process was completed, I applied for a PCC online. However, the request was rejected.
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The landlord wants to increase rent above RERA Index. How to renew my contract? 0
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Terminating an employee during probation: 14 or 30 days' notice? 0
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What does Cabinet Resolution No. 1 of 2022 mean with exempting supervisory roles from the provisions of the Labour Law? 0
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Can I request delaying my visa cancellation due to medical unfitness until I retake my medical test? 0
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نزاع بين شركاء مفوضين بالتوقيع على المعاملات البنكية للشركة بشأن شيك وتحويل أموال 0
زوج وزوجة، الزوجة مالكة لشركة بنسبة 50% ولديها شريك أجنبي يملك بنسبة 50%. الشريك مخول بالتوقيع في كافة المعاملات البنكية للشركة والزوجة كذلك لها ذات الصلاحية.
بعدها، غاب الشريك الأجنبي عن الشركة وسافر. ومازالت الشركة نشطة والعمال لايستلمون رواتبهم والشريك قام بتحويل جميع أموال الشركة إلى حسابه الخاص دون علم الشريك الآخر.
ثم تحصلت الزوجة الشريكة على شيك، فقام الشريك الأجنبي بفتح بلاغ خيانة أمانة واستلم زوجها الشيك.
فما هو الحل القانوني من ناحية جزائية وتجارية؟
Mar 27, 2025
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