Questions & Answers - Legal Advice Middle East

المستندات اللازمة لحصول ورثة المتوفى الوافد على أمواله

س: السلام عليكم أستاذة مريم، توفي أخي من اليمن ولديه حساب بنكي في الإمارات. أنا قادم بموجب وكالة من جميع الورثة مصدَّقة من وزارة الخارجية في اليمن وسيتم تصديقها في القنصلية اليمنية في الإمارات وأيضًا وزارة الخارجية والتعاون الدولي. المستندات هي: 1- حصر ورثة ووكالة من جميع الورثة. 2- شهادة وفاة أخي. 3- قسيمة أصلية لجميع الودائع ومراسلات البنك. 4- جواز سفر أخي المُتوفَّى الأصلي. هل تُطلَب أي مستندات أخرئ؟ وكم الوقت المُستغرَق لإنهاء معاملة المحكمة؟ شكر الله فضلكم وبارك الله في علمكم ومجهودكم! أخوكم من اليمن،

ما الطُرق المتاحة للإنذار بأمر الأداء قبل إقامة الدعوى؟

س: صباح الخير، ما الطُرق المتاحة للإنذار بأمر الأداء قبل إقامة الدعوى في حال كون المدَّعِي (فرد) والمدَّعَى عليه (شركة) في الإمارات؟ شكرًا!

التهديد بنشر محادثة جرت عبر وسائل التواصل

س: السلام عليكم، يهددني شخص روحاني بنشر المحادثة التي جرت عبر حساب التواصل الخاص بي إن لم أدفع.

Should the performance order case be filed against the company only or manager also?

Q: I have documents to prove that a civil company owes me AED 285,700 and they have unconditionally acknowledged this debt amount in writing and promised me payment of this amount. They, however, refuse to pay me. I want to start a PERFORMANCE ORDER court case to recover my dues. Question: Should I make the case against the civil company only? (One respondent) Or should I make the case against the civil company and its Manager? (Two respondents) I cannot prove any mistake or error of the manager, but should I add his name into case, so that the execution can be against him personally as well? During execution case, will it help me to get detention order against the Manager if I add manager`s name in the main case itself?

The legal action against a husband fixed a spy camera at home

Q: Dear sir/madam, I spotted that my husband has fixed a spy camera with audio at home without my knowledge. He spies on me every time at home. What legal action can be taken for that? And in case I need to proceed without legal action on him, what should I do? Kindly suggest!

هل يستفيد المغتصب من تنازل المغتصَبة بعد صدور قرار محكمة النقض؟

س: السلام عليكم، شخص محكوم بجناية اغتصاب وصدر الحكم عليه بالإدانة بجرم الاغتصاب بالسجن مدة 5 سنوات و تأيَّد الحكم بالنقض. اتفق مع المغتصبة على الزواج وتنازلها عن حقها الشخصي. هل يستفيد من التنازل بعد صدور قرار محكمة النقض؟ وكيف يمكنه فتح ملف الدعوى من جديد لتقديم التنازل؟

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The difference between dissolution, liquidation and bankruptcy

Q: Dear sir/madam, I have a small civil company for consultancy activity (not an LLC). The company has debts that we have not been able to pay. One of the partners is refusing to cooperate and refusing to sign a company closure contract for mutual dissolution of the company. A) What steps can I take to dissolve the company? B) Is there a difference between "dissolution", "liquidation" and "bankruptcy" for a civil company? C) What are the rights of the creditors of the civil company after the company is no longer existing? D) What happens to earlier existing execution cases against the company after the company is no longer existing? Thank you for your replies and assistance over here! I can visit the offices of the lawyer who makes an informative reply here to negotiate to represent me for this issue.

Refusing admission to a French school due to the nationality of the child

Q: Hello, My child has been refused admission to a French school in Dubai, two years in a row, in Pre-KG (first-class) where all nationalities can apply, because he is a Saudi citizen and the school gives priority to French and Emirates citizens. The director clearly says it is based on nationality because this year we were amongst the first ones to apply. The UAE government does not differentiate between UAE citizens and GCC citizens (Saudis) giving them free education in public schools to be non-discriminatory between locals and GCC citizens. KHDA regulating private schools can speak to the school but cannot enforce the admission because it is the school`s internal policy. How is it possible to be bluntly discriminated against two years in a row? Can we legally sue the school for being discriminatory and also can an internal policy be contradictory to government laws/constitutional laws etc? Thank you!

عواقب رفض شخص توقيع عقد العمل لدى إخلال الشركة بالاتفاق

س: مرحبًا، الشركة أرسلت لي عقد العمل (عقد محدد المدة) لتوقيعه مع العلم أنني لم أباشر العمل بعد. من تاريخ ٢٦/١٢/٢٠٢١ بدأوا في إجراءات الإقامة وإلى الآن لم تصدر الإقامة. بعد قراءة عقد العمل تبين أنني من المستوى المهارى الخامس علمًا بأنني حاصل على شهادة ماجستير. لا أرغب في العمل معهم. ماذا يحدث إذا لم أوقِّع عقد العمل؟ شكرًا لكم!

Asking a company where the ex-husband works to pay money to his divorced wife

Q: Dear sir/madam, Can my company be forced to pay any money to my divorced wife? She has sent an email asking for an amount to be deducted from my account and sent to her telling me that if I give her money, she will stop sending emails to my HR.

Legal action against a contracting company for forging a government permit

Q: A contracting company in the UAE sent us an email with a DDA Permit to build a room in our house. Then subsequently they got approval from DDA (Dubai Development Authority). We have the original email from the Authority that the documents were issued with a permit, dated 04.07.21. But the contract changed the DDA document date to 04.08.21. We seek legal advice if this can be termed as a crime in the UAE for manipulating a document and if any lawyer can confirm to us if this is a genuine case that can be filed in Dubai Courts and which law applies to forging a document by email. The reason why the contractor forged the document is that they took the payment from us and wanted to delay the project and kept on telling us that DDA has not given any approval. Only after contacting DDA directly, we got the original document which shows a different date.

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A client refuses to pay a small amount. What to do?

Q: Hi, We are a medical clinic where a patient is not paying a very small amount of money, 5000 AED, even she has signed informed consents and promissory note that she will pay but she didn’t. The problem is that it is not the first time to happen to us. Should we file a case with the police? Should we send a legal notice? Or what can we do? We called her several times and either she refuses the calls or says that she will pay.

Leaving the UAE with a loan and issuing a POA for a friend to sell the car

Q: Hi there, My friend left Abu Dhabi in July 2021 to travel to her home country for the school holidays. She was unable to return due to flight restrictions imposed by the U.A.E for her home country. As a result, she lost her job. She has outstanding credit card loans which she could not repay for the last 6 months. She has a car that is fully paid for and has asked me to sell the car on her behalf. She wants to give me power of attorney. My only fear is that she may be criminally liable for her unpaid credit card loan (approximately 23000dhs). I must add that before she leave the UAE, she left her job as she was going to start a new job upon her return from her home country so she`s called the bank (very recently) and has relinquished her gratuity and final 2 months salary to the bank. She does still, however, owe the above-mentioned amount. Can I legally sell her car for her without any legal issues for myself? I want to help my friend. Thank you!

How to claim the labor rights of late father from employer who refuses to pay?

Q: My father has passed away in Pakistan after serving 17 years in a private company in Dubai. The company has refused to pay his gratuity due to a lack of funds. In case I need to apply for a labor case, what are all the documents required? My father had two wives, my mother being the first wife and my stepmother (currently living in Morroco with my two young stepsisters) and both of them are out of the UAE.

How to withdraw money from the company account before it makes profits?

Q: Hello, I would like to incorporate an LLC in the UAE, but it is unclear when the company will make profits. How can I withdraw money from my business account? In the US, that can be done via owner’s draw. Is this similar or does that work differently?

Joining a competitor in the UAE after terminating a labor contract in Finland

Q: Dear lawyers, If my contract is terminated by a Finnish company, can I join a competitor in the Middle East if I have a clause in the contract saying I can not join a competitor?