Questions & Answers - Legal Advice Middle East

Terminating the SPA and getting refund from developer for delay in delivery

Q: We purchased a condominium from a developer in Ajman. We keep paying monthly but haven`t received the property. We would like to get the money back as it`s been 8 years.

Resignation before the end of employment contract for holding salaries

Q: I am on an unlimited contract with a school. My contract will end in November 2020, however, I would like to resign as early as this month (July 2020), with 30 days notice. The reason for resigning is to look for another job to compensate for my financial obligations because we signed an agreement that we have no salary from June 2020 to November 2020 due to pandemic/crisis. Is there any chance that my employer won`t allow me to resign or ban me?

Suing a partner for mismanagement of funds and causing losses

Q: I`m a partner in a company. My partner who is also a manager ruined the company. There`s a big load of debts in the market which also crossed the capital. Is there any way, according to the law, by which I can sue him for mismanagement of funds and get my investment back? If the capital is gone and further losses are more than the capital, what are my legal rights in this situation?

Filing a criminal case of physical abuse against the husband

Q: My husband physically abused me and I went to do a medical report. Do I have to open a criminal case against him or I can use the medical report only in Dubai Court?

The right of the father to claim custody back from the mother

Q: I have a verdict from Dubai Courts against my ex-husband to clear the child support. He agreed to pay in our mutual consent divorce agreement. It was issued in Feb 2020. Today, I received a court hearing notification that he has filed a case for children custody. What should I do?

Eligibility to rent an apartment if there is a pending RDC case

Q: Can a landlord rent out a property if it has an existing RDC Case open against it?

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Resolving cases after losing job and defaulting on many obligations

Q: Hello Sir, One of my friends has the below issues. How he can resolve his problem? 1- Overstay for 2 years 2- Case with the municipality as he lost his job and got hospitalised nearly for a month 3 - Bank loan 4 - Some credit card Now has no job to re-pay. Also he is very sick and even unable to walk now. He has no means to repay any of the above. What is the best way to resolve his case? Can he surrender to the police? It will be great if you could help us in this very difficult time. May God bless you, Sir.

Options for dealing with a divorce case while being abroad

Q: Is it possible to have a divorce case and leave the country? Do I have to stay in the UAE if the divorce is still not done? The procedures are very slow and I cannot be in the UAE in the upcoming months. What are the options for dealing with the divorce and the court while being abroad?

Is there a jail penalty to enforce a civil case judgment?

Q: My question is regarding a civil case. Someone I know is serving a criminal sentence for 3 years for fraud of AED 35 Million. There is also a civil case against him. He cannot afford to pay AED35 million. He will finish the criminal sentence in 3 months. Will he continue to be in jail for the civil case? How long will this sentence be?

The applicable law on a case filed by a company registered with a civil license

Q: I have a professional company with a civil license. It is formulated as per the UAE civil transactions law and special artisan act of Dubai. I have a court case in Dubai courts and it was registered as a commercial case. There are some differences between the commercial company law and civil transactions law. For example, a partner of a commercial company cannot make agreements and contracts with any family relative without the approval of all partners, but the civil transactions law does not mention any such restriction and only states that a partner can give work to anybody. Which law is applicable to a civil company in a commercial case? Is there any advantage or difference in requesting the court to re-file this case as a civil case since the company has been formulated under civil transactions law?

شروط الوكالة المطلوبة لزواج وافد من مواطنة إماراتية

س: شروط إصدار توكيل زواج من خارج الدولة؟ علماً أن الخطيب موجود في بريطانيا وأنا مواطنة إماراتية.

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الامتناع عن سداد الأقساط وإلزام المطور بالتعويض عن التأخير بالتسليم

س: السلام عليكم اشتريت وحدة عقارية من مطور عقاري عام 2015 وتاريخ التسليم يوليو 2018 وفترة السماح تنتهي يوليو 2019 ولم استلم الوحدة إلى الآن. استعلمت من دائرة الأراضي والأملاك عن نسبة الإنجاز وكانت 80.7% وأيضاً استعلمت إذا كانت الوحدة قد تم تسجيلها باسمي وكان رد دائرة الأراضي بأنها مازالت تحت اسم المطور وعلي مراجعة المطور مع العلم أن المطور استلم مني 24% من قيمة العقد كرسوم تسجيل. كنت منتظم في السداد إلى القسط الثامن بتاريخ يونيو 2018 وتبقى قسطين، التاسع عند اكتمال الهيكل والعاشر عند التسليم. الآن، المطور أرسل إيميل يطلب القسط التاسع قبل الأخير. هل هناك ضرر علي عند الرفض بالسداد بسبب التأخير وعدم التسليم في الوقت المحدد وهل يستطيع المطور وضع غرامة علي في حال التخلف عن الدفع كما هو منصوص في العقد؟ سبق وطلبت منهم التعويض وذكروا أنه عند التسليم تتم حسبة التأخير والتعويض على ذلك. مذكور في العقد أنه في حال تأخر التسليم هناك تعويض بنسبة 4% من قيمة المبلغ المدفوع وأن محكمة الاختصاص هي محكمة دبي المالية. شاكرا لكم النصح والإرشاد

What should you do after getting a labour judgment

Q: I filed a case against my company due to the non-payment of my salaries and EOSB. I got a judgement today. Kindly advise on the next step and how many days it will take to get my money from the court after the judgement.

Escrow cheque recovery when the contracts are not signed

Q: There was an MOU which was entered between the buyer (we) and seller on 17 February 2020. Due to less valuation by the bank, the contract was revised and the initial agreement was cancelled. The new agreement was made on 11 March 2020 and it was again cancelled due to error by the agent in the agreement as he had written a wrong size of the apartment. So the third contract was made but it was not signed due to the global pandemic situation and the selling price mentioned was higher than the agreed price and it was also signed by the seller. There was no contract thereafter as all the initial contracts were cancelled and as we have given escrow cheque to the agent, they are asking for hefty fees to be paid and then they will release the escrow cheque. So can you please advise in the given case?

Claiming fees from ex-employer for extra work requested after leaving

Q: Hi, I used to work for a company under DMCC and my last day was on Dec 31, 2019. I signed my EOS one week before the said date as I had to leave the country. Then they asked me to continue working with them till the end of Feb 2020 remotely from the USA as they didn`t find a replacement for me and I agreed as a favour to help them (I have emails as proof). When I asked them for a contract they told me it`s fine we will continue with the same contract and pay you when your manager approves of your working hours and my manager approved all my work hours (I have emails as proof). Now the company is experiencing a financial problem and didn`t pay me the last one week of Dec 2019 + January and Feb 2020, they keep asking me to wait until they got some money and pay me. Till now, I still have good relations with them, but the problem I feel the company will not recover as most of the employees including my manager filed cases and resigned because the company is not paying them.

إجراءات ومتطلبات الطلاق بالتراضي في الإمارات

س: السلام عليكم. اتفقت أنا وزوجتي على الطلاق بالتراضي. أنا أسكن في الشارقة وإقامتي من دبي. - أين علينا التوجه لبدء إجراءات الطلاق؟ هل يمكن أن أقوم بها في الشارقة؟ - هل هناك إجراءات طلاق سريع بحيث ينتهي في زيارة واحدة مع القاضي بدلاً من القيام بعدة جلسات مع الموجه الأسري؟ - ليس لدينا أقارب أو أصدقاء مقربين ليشهدوا على الطلاق، فهل تقوم المحكمة بتأمين الشهود من جهتها ليشهدوا على واقعة الطلاق؟ - إقامة زوجتي على كفالتي وتنتهي في ٤/٢٠٢١، هل تلغى إقامتها فوراً عند الطلاق أم تبقى سارية على إقامتي حتي تنتهي في وقتها الطبيعي ٤/٢٠٢١؟ شكراً جزيلاً.