Questions & Answers - Legal Advice Middle East

How to claim back money invested in a joint property with ex-girlfriend

Q: Dear Sir or Madam, In 2016 I co-invested in an apartment in Dubai with a friend. I transferred 67% of the capital required to my friend and the purchase was completed with a mortgage. As we were unmarried, the apartment and title deed were registered in my girlfriend`s name. I moved into the property some months later but I was there infrequently due to international travel demands. Last year, our relationship broke down and I would like to know whether there is any way to protect my original investment. I can prove the transfers, and I do not believe my ex-girlfriend would contest my co-ownership, however, she believes she is entitled to a larger % now. I am simply interested in not losing my whole investment. Thanks for your help.

إمكانية إخراج موقوف في قضية تجارة مخدرات بكفالة

س: السلام عليكم ورحمه الله الله يعطيكم العافية أخي موقوف بتهمة تجارة المخدرات ولكنه أنكر ذلك في التحقيق ولم يعترف، وهو موقوف منذ 60 يوماً. هل يمكن إخراجه بكفالة؟

Can I prepare a mirror will between me and my sister if we are Muslims?

Q: Hello, I have been living with my sister and we have our own business and all accounts are joint account (either/or). As a Muslim, can I make a will to ensure that in case of any party death, all assets and cash go to the surviving sister? Thanks

The right to sue a sea cargo company for failing to deliver a package

Q: I have sent a parcel through a sea cargo service company from the UAE to India. My parcel has not been delivered yet. The booking date is 10-12-2020 and until now, 14-04-2021, the parcel is not delivered, almost 5 months. The cargo agency is not giving the date of delivery and saying that the parcel is in the Indian port (Mumbai). The same will be cleared from the Customs of India then delivered. Kindly advise how to solve the issue. Is it possible to make a complaint in the UAE?

The consequences of returning an item after receiving it

Q: Hello madam, A sales agent recently came into our house (around 8 pm) to do a demonstration of an expensive vacuum cleaner. After the demo, my wife and I decided to take 1 unit because they have offered an installment payment scheme for 12 months. The following day, we talked to the agent that we will not proceed with the purchase and he just said that we will go to jail because of the law and there is no way to return the item because the sales contract includes that a customer will not be able to return the item once it is received. As of now, we haven`t paid anything to them as they first require us to pay by cheque. but then he requires us to pay cash in the first month.

What to do in case the landlord refuses to return security deposit?

Q: Hi, I work with a company called [-----]. Recently we moved offices and unfortunately, our previous landlord is not refunding the security deposit due to us and is not giving any explanation as to why. We have tried to contact him several times via calls and messages but to no avail. It appears his only intention is to harass us. The tricky part is that we have only one employee in our Dubai branch and he is on a long vacation. Can someone file a complaint on behalf of our organization? I`d appreciate any info on how I can take this forward via the right procedure.

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الخطوات التالية بعد انتهاء جلسات التوجيه الأسري لإتمام الطلاق للضرر

س: طلبت الطلاق من زوجي للضرر وكذبه المتكرر بسبب عدم امتلاكه المال وفرض مساعدتي الدائمة وعدم الإنفاق عليّ وعلى الأولاد (أعمارهم: ولد 18، وبنت 15، وولد 8 سنوات). تم الانتهاء من جلسات التوجيه الأسري وإحالة الموضوع إلى المحكمة ومعي الرسالة مدة صلاحيتها شهرين. أريد معرفة الخطوات التالية والمطالب التي يجب عليّ تدوينها للمحكمة؛ علمًا بأن كل طلب سيتكلف 120 درهم. هل تسقط نفقة المتعة عند طلب الزوجة للطلاق؟ وما تكلفة تعيين محامي لتلك القضية؟

رفض استلام الوحدة بسبب عدم القدرة على سداد المبلغ المتبقي

س: تعاقدت على شراء وحدة سكنية في دبي بقيمة ٤٠٠ ألف درهم ودفعت ٢٥ ٪؜ من قيمة العقار بواقع ١٠٠ ألف درهم. الاستلام بعد ٣ أشهر ولا أستطيع سداد المبلغ المتبقي لظروف خاصة. ما الحل الآن مع العلم أني لم أستلم الوحدة ولا أريد استلامها وقد حاولت بيعها ولم يأتيني مشترٍ إلى الآن؟

الإجراء القانوني ضد شركة حصلت على الخدمات ولم تسدد المستحقات

س: السلام عليكم، لم تُسدد شركة مبلغ مستحق لي مقابل تقديم خدماتي لها وتُماطل في عدم السداد والوعود لمدة سنتين تقريبًا. ما الإجراء القانوني الذي أستطيع من خلاله استرجاع حقوقي؟ هل يمكنني طلب تعويض مادي لعدم التسديد في الوقت المحدد والمماطلة؟ تتوفر لدي جميع الفواتير والمستندات. مقر الشركة في دبي. شكرًا لكم!

نفقة الزوجة المطلقة والابنة ذات الخمس سنوات

س: السلام عليكم، ما نفقة الزوجة المطلقة؟ وماذا يترتب في حال وجود طفلة عمرها 5 سنوات والزواج كان في بلد عربي والراتب 5000 درهم؟

Can a company managing partner remove himself from the management position?

Q: I am a partner in a restaurant with a 20% stake and the remaining divided equally between 2 other partners. I have been made the managing partner to run the place. I would like to resign from the position as all responsibility has been put on me. I am not being paid for my time and efforts as a managing partner. I don`t have any signing authority with banks and because of my position, all legal onus has been put on me. They are refusing to put money into the business and as it`s a new business, the initial financial support is missing which is dragging down the business. In this situation, I am feeling overwhelmed and distressed because I know without the influx required for marketing, the business will not grow to become sustainable. And without any compensation coming from the company, I cannot survive. So I would like to remove myself from the managing partner position. How can I do that?

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Do non-competency agreements apply to nurses working in medical facilities?

Q: Non-competency agreement. Is this applicable to nurses who basically practice general nursing care in a medical facility?

Are the expired Emirates ID and residence visa page sufficient to check the criminal status?

Q: Good day! My estranged husband left Dubai with credit card and debts with Emirates NBD and Etisalat. I only have his expired Emirates ID and expired residence visa page. Are these sufficient to check the criminal status of financial cases? Thank you!

What legal action you can take against company cheque fraud and breach of trust?

Q: What kind of case I need to file against a person which abused my trust, had access to my company chequebook, filled, signed with his own signature and handed over cheques to third parties without having an authorized signature in the bank? To mention that the cheques were issued to replace cheques issued by another company, belonging to the accused party. All the cheques bounced due to a mismatch of signature. Meanwhile, the accused is imprisoned due to other bounced cheques issued from his own company. I`m being sent with complaints from Police to public prosecution and back, while the situation brought me in the position of not affording to pay a lawyer in advance due to accounts blocking and police case cascade against myself, from which in some cases I was already cleared.

How to combat a court judgement in favor of client for incurred losses

Q: We had a commercial case from our client after he breached the agreed completion period. He claimed more than what he has paid as an advance and we have proved that the work is done close to the advance received. The court has given the judgement to pay back part of the advance received against the work completed but we are not happy with the judgement as we have incurred losses due to the extended execution period. During the court sessions, we have defended ourselves for the claims made by the client and we haven`t been to the court of cassation. Referring to the res judicata, can we open a new case for the damages incurred along with the loss of profit for the termination of the contract as he delayed the project beyond the agreed execution period? We have even delivered the required materials to the site for execution. He has blocked our license and in the interim, can we request the court to settle the payment to the client in small monthly instalments?

Is it legal to cooperate with salespersons sponsored by employers or spouses?

Q: Is it legal to sign an agreement with an individual to sell products and services for my sole proprietorship company purely on a commission basis? The individuals are from different backgrounds, some are working in some companies, some are on a spouse visa.