Questions & Answers - Legal Advice Middle East

Validity of electronic communications as binding agreements

Q: Dear Lawyers, Could you please advise if commitments or agreements via electronic communications (emails) can be considered as a binding agreement as per the UAE law? Thanks, Mohamed.

The possibility of appealing a jail sentence for bounced cheques

Q: Hi, I needed to know if the court issues a judgment of 2 or 3 months jail term in cheque bounce case, is there a way to reverse the judgment or avoid the sentence? Possibly if the creditor withdraws the case? I have received a judgment of a jail term of 2 months for AED 1 Million security cheque bounce against a loan that is 75% paid off and a 3 months jail term for multiple cheques to a single supplier valued at AED 48,000.00 approx. What can I do avoid jail terms and wondering how AED 48k cumulative value would result in jail term? Appreciate a solution for this. Thanks.

Resolving a police complaint for a rental bounced cheque

Q: Hello Sir Good evening. Where do we need to pay fine for the rental cheque bounce in Dubai? Please suggest me what is the best time to visit the police station so that they will not put me in prison.

Inspection of civil and criminal records for defaulting on credit card

Q: Hi. Regarding the delayed payments of a credit card, as per the collection agency, a police case was filed last Dec 2017. Kindly advise me on which service I should better take. I need to travel also but I want to know if it`s in the court already. I got confused with these services. Do I take the check for travel ban and warrant of arrest or check for court case filed against me?

Defaulting on cheques for buying a rented property

Q: Hi I have a question. My landlord, from who I’m renting, asked me if I was interested in buying his house in April this year. I got into a conversation with him and few months later we agreed on a price. This price of the sale was including the remaining rent ( until November 2018 ), we agreed on not paying the rent until we signed the agreement as the rent was included. I gave him a security deposit ( not to cash ) cheque. Now, my situation totally changed and I nodded the money also. I recently had a health issue that was preventing me from buying the house. So the landlord called off the deal and said I defaulted on the deal. Anyway, he now cashed both the rent cheques and the security deposit and said he went to the police and I will go to jail within the next 24 hours. Please advise. I’m willing to pay the remaining rent but need time to get the funds ( at least a week ) and also I’m worried about the security deposit of the sale as he deposited this cheque as well, 3 bounced cheques!

Visa cancellation time frame after resignation

Q: Hi, I work on an unlimited contract and completed 1 year. I want to resign so I have one question regarding that. After resignation, when does my employer start with the visa cancellation?

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شكوى على مدرسة أمام هيئة المعرفة بدبي

س: أنا والد تلميذ في مدرسة في دبي، وهو من ذوي الاحتياجات الخاصة. رغم مرور ثلاث سنوات على وجوده فيها، لم نلحظ أي تقدم أكاديمي أو اجتماعي أو نفسي. رغم إبلاغ الكادر التعليمي بذلك في أكثر من مناسبة، لا نجد آذاناً صاغية علماً أن المدرسة تتقاضى مبالغ إضافية بسبب خصوصية حالته. هل يمكننا تقديم شكوى في المحكمة أم في وزارة التربية وما هي الإجراءات؟ شكراً

Fraud calls for attestation of a fake university degree

Q: Hi I would like to ask for some advice. I had a degree from the US Nixon University based on experience too and had the full attested version of the degree sent. I’ve never used the degree and have never submitted these degrees myself for any attestation in the UAE. This was in 2013. Never heard anything from anyone up until November 2017 from Dubai foreign affairs of education stating that the degree I have is fake and I would need a cancellation number from Nixon University to cancel the degree. He then put me on a call to the US with the attorney of Nixon. I had to pay $2000 immediately. I then had this same call again in Jan 2018 first week and the 3rd week of Jan 2018 then again in March 2018. I had to pay every time to get a cancellation number for the guy in the foreign affairs of education in Dubai and he assured this will be the last time and this process will end everything and clear my name.

Inspection of records before travelling via Dubai airport

Q: Hi Sir My name is Muhammad, I am from Pakistan. My passport no. is [------]. Last time, before 1 year, I was travelling to Kenya -Nairobi via Dubai and the immigration caught me saying I have to pay AED 6800 because Sharjah police station had a complaint about renting a car. So my friend paid the money in Sharjah at al Buhairah Police Station. After 2 hours, the immigration police released me and I went to Kenya. After 10 days I will come back to Pakistan via Dubai. Sir, now I want to check my passport because I am travelling to Dubai. Thanks

Liability for property maintenance costs at the end of lease

Q: Dear, Last year, 28th September 2017 to be exact, we rented 1 BHK Flat in Bur Dubai. The flat is old and since we required it on an urgent basis, we took the flat with unfixed things. We as the tenant fixed whatever is needed (bathroom door, kitchen cabinets, bathroom ceiling...etc.). We decided not to renew the contract due to the maintenance issues we had encountered. Now, the real state agent is asking us to pay the maintenance which quoted me for AED3500/- (kitchen and toilet ceiling change, full flat ceiling change, light change, switch change, kitchen exhaust fan change, all cleaning, shower pipe change, cabinet hinges repair, all materials and labours). Do we really need to pay for this maintenance? Please advice. Highly appreciate your immediate answer. Thanks & regards,

مطالبة باسترجاع مبلغ قرض شخصي

س: اقترض مني شخص مبلغ مالي على دفعات ولم يسدد. مضى على ذلك سنوات ومازال يرفض السداد ويماطل. المبلغ في حدود 112 ألف درهم ومعي أوراق تحويل المبالغ المالية له. ماهو التصرف القانوني المناسب في هذه الحالة؟ مع خالص الشكر

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Competent authority to claim unpaid salaries from a free zone company

Q: My company owes me a total of AED 120,000 of unpaid salaries over a period of three months. My company trade license is from DMCC and they have informed employees that going to MOL to report this won’t achieve anything. If this is correct, what legal action can be taken?

Seeking refund for a misleading hotel booking

Q: Sir, I booked a room in Hotel Armani through Agoda.com. They offered 2 adults and two children 0-11, but the hotel did not allow my children who are 7 & 11 years old. I want refund, please advise.

Contradiction between the offer letter and labor contract

Q: If there is a contradiction between the offer letter and labour contract issued by a free zone, which one takes precedence? Offer letter states 30 days` notice period during probation, labour contract states 7 days. Which one will be upheld?

الطلاق الغيابي في حال وجود الزوجين خارج الإمارات

س: مرحبا. أنا سورية بريطانية تزوجت سوري في سوريا. منذ شهر ضربني ضرباً مبرحاً فهربت مع أولادي إلى أوروبا. أود أن أسأل، هل يمكن أن أرفع دعوى طلاق ضده في الإمارات عن طريق توكيل محامي بدون تواجدي في الإمارات؟ والسؤال الثاني، هل يمكن لزوجي رفع دعوى طلاق ضدي في الإمارات وتطليقي غيابياً بدون تواجدي أو تواجد موكل لي؟

طلب المدعى عليه من المحكمة حجب أوراق عن المدعي

س: مرحبا، هذا الموضوع يخص محاكم الاْردن؛ هل هناك طريقة قانونية للطلب من المحكمة عدم إعطاء صور من الوكالات التي أعطاها المدعى عليهم (أنا وأشقائي) لمحامي الدفاع؟ المدعي شخص له سجل في التزوير، وسبق أن زور تواقيع لوالدنا رحمه الله على شيكات وكمبيالات. مع الشكر!