Questions & Answers - Legal Advice Middle East

Procedures for a Performance Order lawsuit and its execution

Q: I registered a Performance Order lawsuit. I received a decision in my favour. The respondent received a notice to register an appeal within 15 days. The 15 days have elapsed. What is the next step to register an execution case? There is no judgement in the file, only the decision obliging the respondent to pay and then the decision that respondent has 15 days to file an appeal. Should I make a petition for "Executive Writ" now or register an execution case directly?

عقوبة تبادل الضرب والجرح تحت تأثير الخمر

س: ما عقوبة تبادل الضرب والجرح في الإمارات؟ مع العلم أنه تم الصلح بين الطرفين بالإضافة إلى أن الشخصين كانوا تحت تأتير الخمر. وشكرًا!

مطالبة صاحب العمل بتكاليف التدريب والتأشيرة عند استقالة الموظف

س: السلام عليكم ورحمه الله وبركاته، تقدمت باستقالتي بعد مدة خدمة قدرها سنة وشهرين مع العلم أن عقدي مدته سنتان. قبل صاحب العمل الاستقالة ولكنني فوجئت بعد ذلك بأنه يطالبني بمبلغ 5000 ريال مقابل مدة تدريب ومبلغ 2000 ريال للتأشيرة! هل يحق له مطالبتي بتلك المبالغ؟ ماذا أفعل للمطالبة بمستحقاتي؟ شكرًا!

المسار القانوني لدى العلم بعلاقة الزوج بأجنبية

س: السلام عليكم، أود طلب مساعدتكم العاجلة. أنا متزوجة منذ ٤ سنوات ولدي طفل وموظفة. كان من قضاء الله وقدره عليّ أن علمت أن زوجي خرج مع فتاة في اليوم الأول بالسيارة وأحضرها إلى منزل الزوجية في اليوم التالي. الفتاة متزوجة، وحسب ما أخبرني، فهي حامل ولكنه يحلف بالله أنه تعرَّف عليها منذ أسبوعين فقط. الآن لا أعلم المسار القانوني الصحيح! علمًا بأن لدي إثباتات باعترافه بالعلاقة وتخطيطه المسبق للمجيء بها للمنزل. هل تستند مثل هذه القضايا إلى أساس صحيح أم لا يُنظَر لها علمًا بأنه لا يوجد لدي إثبات بوقوع الزنا؟

The legality of changing the unit from a hotel apartment to a residential apartment

Q: I bought a hotel apartment on 25/11/2014. I received the apartment on 27/11/2018 with a delay of one year. Even though I decided to receive the unit on 12/2/2020. I received an addendum to the sales agreement to change the unit from a hotel apartment to a residential apartment. My questions: A. What is the legal point of view? Does the unit value various between a hotel apartment and a residential apartment? And how much is the difference? B: Meanwhile, I entered with them on 26/12/2018 to run the hotel apartment on 12/2/2020, they sent the addendum and stopped showing any income from that date till today. I called them but they never reply so I called the auto service number and they told me that the rental pool scheme is stopped and is not working. I asked them to hand the key to my representatives to rent the unit they refused. They said you have to sign the addendum and change the unit to residential. What should I do?

The legality and reliability of a joint venture company agreement

Q: Dear All, Warm greetings! We are in the process to create a joint venture company in Dubai, between a company from Europe (Named EU) and an existing company in the UAE (name UAE). The name of the new company is EU, UAE LLC. The new trade license mentions: - New company name is: UAE-EU LLC company - Shares are 51% to UAE partner and 41% to EU partner However, the foreign partner from Europe is asking me and another person to be part of the new JV Company as managing partners of the new company (COO and CTO). The shares would be: 20% for UAE partner + 40% for the EU partner and 20% for COO + 20% for CTO, but we will not have any salary; only 20% commission as COO and 20% as CTO, because we are not employees. Our names as managing partners are not mentioned in the new trade license. Can you please advise if this is enough to protect ourselves as COO/CTO? and also is the side contract taken into consideration by the UAE law in case of payment issues? Kind regards,

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تقسيم إرث بين مجموعة ورثة متفقين إلا واحد

س: السلام عليكم، إرث بين ٦ أفراد؛ خمسة منهم متفقين على التقسيم ومتقبلين طريقة التقسيم والسادس أخذ أكثر من حقه، ولكنه يريد أن يُسبب العراقيل ويرفض التوقيع لمجرد العند. إذا أردنا اتخاذ موقف قانوني، فماذا نفعل؟

Procedures and costs related to release the husband assets after his death

Q: Greetings, My husband passed away due to Covid-19 recently, Resident of Dubai since 1990. I am resident as well with a son (Adult, Unmarried, Ex-Resident) and daughter (19, Active Resident). Under husband`s sponsorship. My husband had a bank account, Car and LLC partnership. The bank account is frozen, we are out of funds as the money is in the bank account and we can`t sell the car currently as it is under my husband`s name. What is the procedure for me to get everything released? How long does it take and what are the related costs of Court? We have Dubai visas. Son is here on a tourist visa. What`s the relaxation from the courts for Covid-19 affectees? Partner of the company is a sleeping partner, not giving us anything while having company capital in his own pocket and company on loss, high payables and no receivables. Will the company affect us or my deceased husband`s personal account and would there be a claim over his personal account? I can`t get POA from Pakistan. MOFA requires a Succession Certificate issued from Pakistan courts which takes 3-4 months, headache, costly. Regards

Procedure for filing a criminal complaint against an assault

Q: I caught a girl urinating in front of my door in a flat. When I opened the door, she pushed back. I managed to get a hand thru and tried to pry her hands off the door handle. She bit me. I was able to pull her hair and she did too. Eventually, we both got tired and I called the police. I have decided to push for an assault case. Will I win? What will happen to me? Will I be able to get compensation? Aside from her bite mark, I also have bruises. Will she have something against me too? Please advise.

Issuance of a new brand to operate via online sales under an existing LLC company

Q: I have a Freezone company in the UAE and I will operate a brand via online sales and e-commerce (the name is different from the LLC). I haven`t registered a trademark yet due to costs. Am I legally allowed to invoice my customers with my brand name as letterhead and sign with my LLC? Or do I have to change my company name to my brand name?

How to evict a tenant who is abroad and does not pay the rent?

Q: Hello, I wonder if you can help me out. Basically, I appointed an estate agent for my apartment. They signed a one year contract with the tenant. The tenant is out of the country now. The first-year contract finished in February this year. He did not renew the contract although he was saying that he will come to pay arrears and sign a new contract. Now he said he doesn`t have any money and is not coming back. My estate agent is telling me that I can`t get into my property because the tenant may claim he had valuables in the apartment. What can I do?

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Where to start divorce procedures against an abusive husband

Q: My husband has been physically and verbally abusive throughout our 6-year marriage. He has even beaten me up in pregnancy in front of his family. I`ve gone to the police twice and both times he`s signed warning letters. He has also verbally given me talaq (divorce) many times, on many different occasions (we are both Muslims). We have 2 children together. I want to file for divorce. Can you please guide me?

An employer makes up a story to cause problems to an ex-employee

Q: My ex-employer filed a case against me that I owe the company 30k AED which is just a made-up story. I filed a case against his company for not giving the correct amount of my gratuity pay and I won the case in the court. Now after the decision, he made up a complaint that I owe them 30k AED which is not true. Now my question is: can I also complain against my ex-employer for making up a story that I owe him 30k AED and doing this to me as harassment? What case can I file against him? Thank you for your answer, sir!

How to get your labour rights after filing execution

Q: Hi, I need your legal advice, please. Is there a time frame for my ex-employer as to when he will pay? I filed an arrest warrant and ban of trade license against him and it`s approved by the court, it has been almost 2 weeks now since I filed and until now there is no update from the court. Please need your advice as trying to contact the court but they are not responding.

Marriage of a couple from different religions and nationalities in Dubai

Q: An Indian Hindu girl wants to marry a Canadian Muslim boy In Dubai without converting their religion. Is it possible?

What to do if the salary is not paid for 5 months and the visa is expired?

Q: Dear Sir, Greetings! I have been working for 7 years in a construction company in Dubai with Abu Dhabi visa. My visa expired in March 2020. It has not been renewed till now and a 5-month salary is pending. Can I join another company without a notice period? How will I get my settlement and salary?