Questions & Answers - Legal Advice Middle East

Is a POA suitable for transferring shares in a company to heirs after death?

Q: Greetings, I have given a power of attorney to my daughter authorizing her to operate the bank account/sell shares of the company which I own in Dubai, etc when I am not able to do so, and upon my death too. This has been notarized by Dubai courts. The question is: Can she inherit the shares of the company in which I have 10% shares upon my passing away? Thank you, and have a nice day!

Husband's refusal to provide his wife with maintenance

Q: Hi Shamsa, I am seeking some advice. While I was in India, my husband removed everything from the house; leaving me with the basics. The apartment was beautifully built and now it`s in a deplorable state. I wasn`t informed and it was without my knowledge. He has moved everything into a new apartment which I don`t know where it is. He refuses to pay me any maintenance and insists on divorce, which I don`t want. Can you please advise?

How to get pending labor dues if no company assets can be found during execution?

Q: Dear Madam, I hope this email finds you well. I have been a patron of legaladviceme.com, I would like to get support on my pending labor court case. The current stage of litigation is at execution, however, the court has not been able to locate any assets for the company. The request has also been sent to Dubai Insurance to cover the expenses as per the policy. However, I am unable to get my pending dues until now since November-2021. I would appreciate your guidance and support on this and further possible steps to get my dues.

Starting a new business after closing the old one

Q: Dear sir/madam, I am planning to start a new business in the UAE. I left my old office and planning to go for the registration of a new license. Is there any legal issue to start a business? And can I approach my existing clients for the new business?

الاستعلام عن القضايا وتسوية قرض بنكي قبل العودة للإمارات

س: السلام عليكم ورحمة الله تعالى وبركاته، كنت في إمارة دبي وعملت في وظيفة حكومية وقد أنهيت خدماتي وكان عليّ قرض بنك لم أستطع دفعه يقارب ٦٠ ألف درهم. فتح البنك بلاغًا وحكمت المحكمة بدفع غرامة قدرها ٢٠٠٠ درهم واستلمت جواز سفري وخرجت من الدولة. الآن أريد أن أرجع الإمارات. سؤالي: هل يمكن أن يفتح البنك بلاغ مدني؟ وكيف أستطيع أن أعرف إذا كان هناك قضية ضدي؟ وكيف أستطيع حلها؟ القضية حدثت في ٢٠١٤م. وشكرًا!

How to file a complaint against a Facebook store for not delivering items I paid for?

Q: I am being harassed by a Facebook page store that has promised to deliver the items I ordered but it`s been a week. Now he is just charging me money for either a clearance fee or a service fee and I spent almost SAR 16000. How can I solve this?

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How settle my car loan after the dealer company confiscated my car?

Q: One of the car companies is filing a case against me regarding the pulling of my car due to not paying my monthly payment, but I was on vacation at that time. When I came back here to Saudi Arabia, I found my car was pulled by the company and I was searching everywhere. Then I found my car in SNB and they said I need to pay SAR 10,192. But before that, I already have money to pay my 3 months` credit and they refuse to accept it. Instead, they want me to pay the last payment of SAR 10192. Now they filed a case against me and I didn`t get money to my account. What will I do? The bank said I will get only 35% of my salary which is unfair. Please help me.

How to know if I am eligible to annual leave salary in my indemnity?

Q: Hi Maam/Sir Have a great day. I just want to ask regarding vacation leave pay or indemnity. I know my employer will not give me what I want. I just want even my vacation leave pay. It`s possible that the form I can get from my company attached the requirements for my vacation? What should I do? give me some advice! I`m 6 years here and get nothing except salary.

كيفية تنفيذ حكم بعد سفر المنفَّذ ضده إلى مصر

س: السلام عليكم ورحمة الله و بركاته، حصلت على حكم قضائي حضوري صادر من دولة الإمارات العربية المتحدة وهو عبارة عن تعويض مدني وقد استنفد كافة درجات التقاضي ولدي شهادة تثبت عدم الطعن على حكم الاستئناف. قمت بقيد ملف تنفيذ في الإمارات ولكن المنفَّذ ضده سافر إلى مصر ولن يعُد. هل يجوز تنفيذ الحكم على المنفَّذ ضده عن طريق محاكم جمهورية مصر العربية؟ إذا أمكن ذلك، فما الإجراءات والأوراق المطلوبة لذلك؟ مع خالص الشكر والتقدير!

Can the employee cancel the visa while waiting a labor judgment of the supreme court?

Q: I filed a case against my employer in Apr-21 against arbitrary dismissal by them. I won the case in First Court and Second Court. Even the report from an expert appointed by the court was in my favor. I filed for execution which was appealed by my employer, but they lost the appeal as well. In Jul-21, I obtained NOC from the court to work elsewhere (my wife’s company) and got 1-year Temporary Work Permit to work during this time. The employer has further appealed to the Supreme Court in Apr-22. My questions are: 1. My visa is expiring in Jun-22 and I want to travel in Jul-22. I`m afraid the judgment may not come until then. I want to cancel my current visa and obtain another visa (under my wife`s sponsorship as she holds the golden visa). What is the procedure for cancellation, and will it have any adverse impact on my case or new visa application? 2. Will the employer be liable to pay the Execution Order amount as they have lost the appeal. Thank you, Sir.

The new inheritance law in the UAE

Q: Dear sir/madam, What is the new inheritance law here in the UAE? And what are the required documents to open an inheritance case?

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Cancelation of a rental contract due to breaching the obligations

Q: Dear sir/madam, We rented a serviced and furnished apartment via a real estate agent and paid the 5% agency fee. We paid the deposit to the landlord and one rental check. Our contract is for one year, paid in two checks. The real estate agent agreed on a deep cleaning before we move in. We moved into the apartment on April 10. When we moved into the apartment, we noticed that the wall skirting panels were broken, none of the doors close properly, the drainage of the dishwasher is broken, the couch and carpets have large stains, some tiles are broken, and the walls are dirty. The apartment is serviced and comes with utensils and kitchen supplies. Some kitchen supplies and utensils are broken or incomplete. The landlord doesn`t answer our requests to have all fixed, replaced, and liveable. After five days of fighting and trying to get a hold of the landlord and get the real estate agent to do something to assist us, we are done. Can we move out and request our deposit, rental check, and agency fee back?

Company's appeal to a labor judgment to pay only a part of the claim

Q: Dear sir/madam, I filed a case against my employer. I got my judgment but the problem is the company`s appeal. So what my employer wants is, that they will pay only the EOSB that I signed with the company and not the judgment amount. Does the employer have the right to pay only the EOSB that I signed even though I waited for almost 5 months and still not paid? Does the employer have the right to pay me in an installment payment? Thank you!

Res judicata issue for claiming the rest of unclaimed debt with a new case

Q: I gave a loan of AED 200,000 to a person. He gave me a letter acknowledging that he received 200,000 from me. Later on, he gave me cheques for 100,000 and a letter stating that this was partial payment of a loan. The cheques bounced. I made a court case and submitted the cheques and acknowledgment of partial payment. I did not submit the letter acknowledging that the debtor received AED 200,000 from me. I won a verdict for the 100,000 AED. Later on, I started a court case for the remainder of AED 100,000. I submitted the letter acknowledging that the debtor received AED 200,000 from me. I explained that I had already won the case for the first 100,000 and this was a lawsuit for the remainder of 100,000. I won the First Instance and the Appeal judgment. Suddenly, the case was rejected by the Cassation Court. They wrote that my case for the second payment of AED 100,000 was a repeat of the first case of AED 100,000 and had already been judged What can I do in such a circumstance?

Are you eligible for any dues if the company terminates you for long absence?

Q: Dear Sir, Please advise me. If the company terminated me, am I eligible for the gratuity? I went on emergency leave for 15 days on 17 December because my father was sick. After that, he expired on 07 January. I came back on 4th April. I overstayed 75 days. Even I informed my line manager 2 times on 31 December and 19 January. Now the company terminated me and took my signature on termination later and the company doesn`t accept to give my gratuity.

Getting arrested when having a transit flight via Dubai due to an outstanding loan

Q: Hi, I left the UAE in 2016 with an outstanding personal loan and a few credit cards totaling 150000 AED. Will I be arrested at the airport if I take a transit flight via Dubai or Qatar?