Questions & Answers - Legal Advice Middle East

إمكانية تنفيذ شيك على الحسابات الشخصية للمدير إذا صدر باسم الشركة

س: السلام عليكم، لدي شيك من شخص باسم شركته وقد رُفِض لعدم كفاية الرصيد. عند تنفيذ الشيك، هل يحق لي طلب التنفيذ على حساباته الشخصية أيضًا أم يكون فقط على حسابات الشركة؟ علمًا بأنه شريك والمدير المسؤول في نفس الوقت. الشركة شركة مقاولات ذات مسؤولية محدودة. وهل يحق لي طلب منع السفر له؟ وفي حالة عدم السداد في الفترة القانونية، هل يمكن المطالبة بضبطه وإحضاره لحين السداد؟

Can I claim child support from the father residing in the UAE when we are abroad?

Q: Hi, Please how do I report my ex-husband, who refused to pay child support as ordered by the court in Nigeria? He works in a gas company in the UAE, while I live with 2 children in Nigeria. He was the one that forcefully relocated us back home and filed for divorce. Is there any way I can get help?

Stuck with unpaid salary and no projects: How to cancel the visa?

Q: Dear Sir/Madam, I want to cancel my visa from my current company because my employer is not paying my full salary. He has only paid half of my salary for the last two months, and the company does not have any projects for me. As a result, my employer is asking me to stay in the office without providing me with accommodations or transportation. I am unsure about what I should do in this situation. I have requested that my employer cancels my visa, but he is demanding three months` salary. I have been employed by this company for one year and four months, and my contract is limited. Please advise me on what I should do!

كيفية إصدار شهادة تفيد بإلغاء أمر الإنتربول

س: السلام عليكم، ابن أخي كان مطلوبًا للإنتربول وقد أُلغي أمر الإنتربول، ولكنه يخاف أن يذهب إلى أي دولة فيتم القبض عليه. هل يمكن إصدار شهادة من إنتربول الإمارات تفيد بأنه لم يعد مطلوبًا، باللغة العربية والإنجليزية، حتى يطمئن؟ وما الطريقة؟

Denied passport retrieval and punitive measures

Q: Dear Sir/Madam, Working as a taxi driver for a company with no prior bad record, I requested my passport back as required by law. However, the company did not respond to my request, so I filed a case and received court approval. I then gave the approval to the Rashidiya Police Station, but for the past week, they have been telling me to come back tomorrow and that they will call the company. I have not done anything wrong by requesting my passport back in accordance with the law, and my company is committing another offense by not allowing me to work. I have been in constant contact with the company but have received no help. I am running out of money and feel like nothing will change, and I will suffer along with thousands of others who have been discriminated against. Please advise me on what to do!

غلق محل تجاري بطريقة قانونية

س: السلام عليكم، أرجو أن تمدوني بمعلومات حول غلق المحل التجاري. وشكرًا!

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A civil case for a bank loan was filed fifteen years ago. When does it expire?

Q: Hi, My husband had a car loan in let`s say 2008. He lost his job and couldn`t pay it which lead to a criminal case. He paid bail and got out of the country. Of course, the civil case followed. The case is still active. What would happen if he would return to UAE? What will be the procedure at the airport? Is there an option for him not to be jailed? The intention is to pay it back and get a job in the UAE. Can the fees be reduced? What about the 15 years that the civil case should expire after that?

Partners in conflict: Legal implications of unpaid loans in a civil company

Q: Dear Sir/Madam, Effect of company manager issuing company check that bounces My civil company has two partners. Each partner is also the manager. The company took a loan of 260,000 AED from a friend. I want to return the loan but my other partner does not want to pay. What will happen if I issue cheques from the company account, they bounce, and the other party starts a cheque enforcement case against the company? Then each partner will pay the debt in the ratio of their shares. Will I be jailed or have to pay a fine due to signing a company cheque that bounced? My alternate method is to issue an acknowledgment and the creditor does Amr al Arida "performance order" case, but I want to reduce court costs.

Which one prevails in case of conflict, RERA Rental Index or DLD Valuation Certificate?

Q: Dear All, My rent renewal is due in April 2023 and currently paying AED 143000. The RERA Rental Index calculation shows an increase of 10%. The landlord sent a letter (90 days prior) along with a DLD valuation certificate attached stating that the rent will be increased to AED 220,000 (a 50%+ increase) based on the assessment of the property. Are there any options available to be able to contest this sizeable increase? (RDC will state that the landlord can use the valuation certificate to increase the rent now). Many thanks for your help.

How can I get refund of properties I purchased if the project is canceled?

Q: I invested in a real estate project in Dubai Silicon Oasis, back in 2007. I had paid in full for my 3 units and have been waiting for the delivery of these units for over a decade now. I have tried to contact the developer but it has been of no use. It seems like the developer doesn`t exist anymore. Recently, I have been informed that the project is canceled, as per the RERA website, and some clients have been getting full refunds from Dubai`s Government. I would like to know the procedure and the best option as to how I can proceed. Once again, thank you very much for your assistance.

ماذا يترتب على الزوج في حالة الطلاق إذا كانت الزوجة غير موافقة؟

س: السلام عليكم، أنا متزوج منذ ١٠ سنوات تقريبًا (عقدنا ولكنها سكنت معي وتعاشرنا لست سنوات تقريبًا). لا يوجد أطفال، ولأنها تعاني من مشكلة التشنج المهبلي، تراكمت المشاكل بيننا ووصلت لحل وحيد وهو الطلاق، طلاق من جانب واحد؛ فهي ترفض الطلاق. ما المترتبات المالية التي سأتحملها في حالة اتباع الإجراءات في الإمارات؟ وهل بإمكاني تطليقها في بلدي الأصلي؟ مع العلم أنها مقيمة في الإمارات وتعمل بدوام سبعة آلاف درهم شهريًا.

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كيفية فرز وتجنيب ممتلكات مورث

س: السلام عليكم، تُوفِّي ابني وأنا أمه، له ولدان قُصّر وزوجة. كان يقطن في شقة له بالعمارة ملكنا وله أملاك أخرى وفيلا شاليه عليها أقساط عالية وشقة مساحتها ٤٦٥ متر بالعفش كاملة لم تُسكَن والعفش مُغلف وتقدر بمبلغ أكثر من ٧ مليون وأرض بالريف الأوروبي. أريد عمل فرز وتجنيب للشركة. علمًا بأنني أدفع له إيجار مخازن خاصة به لتوقُّف نشاطه بعد الوفاة، وله سيارتين إحداهما حديثة لم تعمل.

Forced to pay visa cost and terminated for another's mistake. What to do?

Q: Dear Sir/Madam, I am working in a company on probation for 2 months. Due to a mistake done by the former employee who worked in my position, the employer gave me a termination letter with 30 days` notice without considering my explanation. Also, the prior employee came to train me for these two months and his payment was deducted from my salary. The employer asked me to pay more than 6000 AED as visa cost from this month`s & next month`s salary. As per the contract letter I signed with him, there is a clause as I have to bare the cost of employment (visa related) if terminated on probation. Kindly help on this since I have to work without payment till my last working day even though it is not a voluntary resignation but an unfair termination.

I have a job offer letter from a logistics company in Dubai. Is it genuine or fake?

Q: Sir, I have a job offer letter from a logistics company in Dubai. Is it genuine or fake?

Can I legally receive a commission for trading as a broker in the UAE?

Q: I am working as a broker between the trade happening in other countries, e.g. a trade happening between Spain and India. Can I legally receive a commission for these trade operations in the UAE? If yes, what should I do? Do I need to open a license?

False promises and hidden defects: Can you sue Dubai's top used car dealer?

Q: Dear Sir/Madam, I purchased a car from Dubai`s largest second-hand dealership with full faith in their claim, on their website, that all cars on sale are thoroughly inspected and free from any material defects. Eleven months later, I decided to sell the car privately and received a matching offer. However, I was unable to sell it despite passing the RTA test because I discovered that the car had undergone chassis repair, with evidence that such repairs took place before the car was sold to me. The dealership must have been fully aware of these defects when they completed the RTA registration on my behalf. I had no doubt that the car was defective as its VIN number did not return any history of accidents. I feel extremely disappointed and let down because the car is now worth 50k less. Could you please advise me on my legal options? Am I in a position to sue them for compensation?