Questions & Answers - Legal Advice Middle East

Responsibility of the insurance to guarantee car repairs after an accident

Q: Good day! I`ve had an accident a month ago and I took my car for repair and have signed a paper to proceed for repair under the advice of my insurance company. After 1 month, I checked the status of my car and the repair shop asked me to transfer my car to another shop. I drove my car for transfer I noticed that my car has some humming sounds, and it is shaking/having some vibration when it is accelerated to 60. I informed the shop and they said it will not be under insurance. Now, what I am asking from my insurance company is to just make my car roadworthy and without the vibrations/humming sound but they are refusing as they are saying it was because of the normal wear and tear and not because of the accident. But before the accident, my car didn`t have any issues like what it has now. My question is, do I have any right to ask the insurance to make my car roadworthy before it is released from the repair shop? Thank you

How to protect your rights when you buy a property on mortgage

Q: A property seller intends to settle their property mortgage with their bank before selling the property to me. In other words, the seller said they wanted to go to their bank, wire the outstanding balance to their bank, and wait for the mortgage settlement confirmation letter by the bank. How long does this process usually take in the UAE? Are there any delays by the banks?

How to claim a debt from a civil company after filing the execution?

Q: I won a civil court case against a civil company with a professional license (Not an LLC company). I started an execution case for AED 262,800. One of the partners of the civil company informed me that his company will file for bankruptcy and I will not get any money at all. He said that all the company debts will be wiped away and he will not get a jail term and he will not have to pay anything. Article (671) of Civil Transactions Law regarding civil companies states that partners have to pay the debts of the company. (A) Which view is legally correct? Is it possible to demand money directly from the partners of a civil company after the company is declared bankrupt? (B) How should I protect my rights if the debtor Civil company files for bankruptcy? (Important Question C) Will the court automatically distribute the debt of the civil company to its partners upon declaration of bankruptcy? Or do I have to start a new court case against the partners after the civil company is declared bankrupt?

الإجراءات اللازمة لحصر وتقسيم التركة

س: السلام عليكم. والدي رحمة الله عليه توفي منذ سنة ولديه مبلغ بسيط في أحد البنوك وسيارة مسجلة باسمه وحسابات تابعة لشركة اتصالات وليس لديه أي أملاك أخرى داخل الدولة. صدرت شهادة إعلام وراثة من المحكمة في أبوظبي. ما الإجراءات الواجب اتبعاها للتمكُّن من التصرف بممتلكاته المذكورة لنقل ملكية السيارة وإغلاق الحساب البنكي وتحويل الحسابات التابعة لشركة اتصالات لأحد الورثة؟ علمًا بأنه تم التواصل مع قسم المساعدات القانونية في المحكمة وأشاروا بعمل طلب دعوى للتركات أو في حال لم يكن لديه أملاك نكتفي بإصدار رسالة مخاطبة للجهات المعنية. أرجو الإفادة بالإجراء الواجب اتباعه وطرق التقديم!

الحصول على حصر إرث المتوفى

س: ما نوع المعاملة في دائرة القضاء في أبو ظبي للحصول على حصر إرث المتوفى؟ علمًا بأنه صدر إعلام وراثة من المحكمة.

Removing the name from a trade license to avoid the financial consequences

Q: Hi Ms. Rajasree, Good Day! I was a resident of the UAE. Last year, I moved to Germany (since Sep 2020) handing over my partnership rights to my partner at the Al Twar court notary premises (Qusais). However, off late, I did find that the partner is in a big mess and he hasn`t primarily paid any rentals ever since my exit; also hasn`t taken my name from the trade license with the Dubai economic development. Now all the payment dues (and other related company issues) are also reflected in my name and the court has also issued a verdict (via RDC) to our company which now implies to me too (since my name wasn`t taken out). Our company is an LLC company. So my questions to you are: 1) Is there a process to take my name off. from the trade license if I approach the court and explain as I wasn`t a part of this by any means as already I have the originals of the partner`s amendment signed? 2) If so, for appointing a legal entity, how could I execute a POA from Germany to a legal firm in Dubai?

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What can the employer do if the employee went on leave and never came back?

Q: I have an employee who went on annual leave and could not return for over 150 days now. Will he be terminated by law and should we hold his gratuity?

How to lift immigration ban given after an absconding case

Q: I was deported from the UAE last April 2017 due to absconding and overstay. I want to return to the UAE with my new passport and with my real name. Would it be possible for me to re-enter the UAE again with my new passport using my real name? Please advise me on this. Thank you very much.

How to get the property of a dead husband while being in home country?

Q: Dear Madam, We had a friend who died last year in Dubai. His wife and kids are in India and could not travel due to the daughter`s illness. The person had some money in the bank and national bonds. What is the procedure to get the money? She cannot travel. Can any other person help her if she gives a power of attorney? Or his company can help the wife to get the money? Thank you!

التوقيع على الاستقالة قبل الحصول على المستحقات

س: السلام عليكم، لقد اضطررت لتوقيع استقالتي قبل أخذ مستحقاتي. هل يمنعني ذلك من المطالبة بمستحقاتي طبقًا لقانون العمل الإماراتي؟ علمًا بأن عقدي محدد المدة ولم يتم إخطاري كتابة.

Can the employer impose a penalty on the employee for resigning during probation?

Q: Hello Rajasree, Thanks for the detailed article. It was really helpful. I just had a small query and would be really grateful if you could clarify. I had an unlimited contract but I left the job within two months because I got a really better opportunity in Dubai itself. The agreement stated that if I left before 12 months, I`ll have to pay a penalty. Is it true? (I checked some articles and I found that it isn`t)

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Is the landlord allowed to increase rent by 20% despite the rent freeze law?

Q: Hi, My landlord is going to increase the apartment rent from the next renewal. They are increasing by almost 20%. Is the `three-year rent freeze` in Dubai for residential buildings applicable for this case?

How does a case show in the police clearance certificate after it is closed?

Q: Hi Ma`am, I had a case like drink and drive and hit and run, but I have not run away. The case was like this. I was in police custody for 6 days for invitations purpose, however, yesterday morning I had paid all fines and they released me. The case is over. Now in order to go back to work, I need a police clearance letter and I already requested the same. All I need to know is how will this case show in my police clearance. Please advise

Rejection of a complaint filed by a victim of a crypto-scam

Q: I was a victim of a crypto-scam and have tried to file a police report on multiple occasions. However, they continue to reject my complaint. Can this be filed by a legal representative? Perhaps they will take it more seriously.

Labor ban and other consequences of resigning from a limited contract during probation

Q: Hi Rajasree, Hope you are doing well. I just got employed with a new company on a limited contract. It`s been 4 months now I`m working with them, and I believe I am still in probation period. If I resign within the probation period with a limited contract, do I get banned? What will I do to avoid the ban? Thank you

What are the proceedings for divorce from an abusive husband?

Q: I wanted to know what are the proceedings for divorce from an alcoholic and abusive husband. How long would it take for the settlement according to Sharjah court proceedings?