Questions & Answers - Legal Advice Middle East

Settling a court decision from abroad after paying the loan

Q: Hello, I have an unpaid loan in Dubai. The bank filed a case against me and I have already a court decision. After paying the demand of the bank, how can I settle the court decision? Do I need to be in Dubai for the trial?

Settling a loan after getting arrested and paying the fine

Q: I have been already arrested for a cheque bounce, paid fine to the court and get released. The cheque amount is 35000. Now the bank is asking me again 57000 and wants to make it one installment or, maximum, six installments; 5800 monthly. It is impossible; my salary is just 8000. I have family and kids. They are now forcing that they will take action against me in my home country. They are threatening my parents in my home country. Please help me!

The procedures of a criminal case and the role of the public prosecutor

Q: Hi, I just want to know. What is the role of a public prosecutor? I do not understand all the terms. My statements and the accused statements were collected by the police station. What is giving the statement to the prosecutor? and what usually happens after? Thank you!

Time frame to get the final judgment after winning the first stage of a labor case

Q: Hello everyone, My company terminated me without any reason and refused to pay me my dues. I put a case against them and got first judgment in my favor. Now we both parties have 30 days to appeal. How will I know if the company appealed against the judgment? Also, I got an offer letter. Is it possible to cancel my visa at this stage? In case the company appealed, how much time further will be required to reach the final judgment? Please give me your best advice. It will be a huge help.

Claiming pending labor dues while being in home country

Q: I am a newly resigned hospital employee here in Abu Dhabi, I have salary pending for the following months as enumerated below: June 2019 AED 10,000 July 2019 AED 10,000 Oct 2019 AED 10,000 Nov 2019 AED 6,500 (given AED 3,500 only) Dec 2019 AED 6,200 (given AED 3,800 only) Jan 2020 AED 7,400 (given AED 2,600 only) Excluded from those pending salaries are my gratuity pay (basic pay of AED 2,000) and my leave pay for the year 2019 of 45 days wherein I was told to receive the payment at end of service. I intend to go home immediately to my country and come back later to claim the settlement from the hospital because it is difficult to sustain life here without any source of income. What would be the possible best course of action I could take? Thanking you in advance!

Fixing damages to an apartment caused by water leakage when the tenant was absent

Q: Hi Raluca, I`m facing a problem with my landlord and I hope you can assist me. While I was away on business (for 5 days), the water heater tank in my apartment broke (through no fault of mine) and caused leakage damage to my apartment and two apartments below mine. My landlord is saying that the cost of the damage caused (approx. AED 15,000) should be paid by me because I was absent from the apartment during the time of the leakage and thus responsible for it. As you can imagine, I am contesting this. The lease states that the landlord is responsible for maintenance repairs of over AED 500, except where they are caused by the tenant. If you could assist me, that would be much appreciated.

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Renewal of the residency visa to stay in the UAE during COVID-19 outbreak

Q: Hello there, This is an issue that has come from Covid-19 and I am in desperate need of assistance. I left my last employment a month ago and was moving to a new job. This was then withdrawn once I left my last employment due to Covid-19. I am now in the country not wanting to leave but my residency visa will expire on the 27th, March. I can`t go home to Germany as the outbreak in Europe is very bad. What can I do to get either an extension or a travel visa without having to travel at this time?

صياغة عقد إيجار من الباطن بين المالك وشركة عقارية

س: مرحبا أحتاج إلى صيغة قانونية لفسخ عقد إيجار من الباطن (شركة عقارية طرف ثاني طرف أول مالك) عبارة عن مبنى تجاري مكون من 54 مكتب. صيغة قانونية لفسخ العقد والسبب الأول عدم الالتزام بالصيانة من قبل المالك والسبب الثاني عدم تخفيض القيمة الإيجارية والسبب الثالث عدم التزام المستأجرين بالإيجارات الشهرية. هل أستطيع الحصول على صيغة قانونية بفسخ عقد الإيجار وتسليم المبنى للمالك وجدولة المتأخرات. وشكراً

Requesting judge's guardianship to marry

Q: My father abandoned us and I want to marry a Muslim man. How can we go on the marriage process?

Banning an employee after exceeding vacation period in home country

Q: I have completed 11 months as a general accountant in Dubai. During the last month of my first year, I had to leave for family matters. After leaving, I couldn`t get back to Dubai due to family problems and the international pandemic COVID-19. My boss shouted and informed me that he will ban my visa permanently. Is this possible?

The effect of an old TB scar on wife's residence visa issuance

Q: Hi, I am sponsoring my spouse and daughter for a UAE residence visa. I am here with a work permit and my spouse is currently here with a visit visa. My wife has an old TB scar (18 years before) which is cured. Can this lead to any issue regarding visa approval for her? Thanks and Regard,

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Termination of off-plan apartments' contract without sending written notice

Q: I purchased 2 off-plan hotel apartments in 2016; both ACD Q2, 2018. One is 100% paid, the other is 30% as per the SPA. According to SPA: "Without prejudice to the Seller`s rights under Clause 21 in respect of a Force Majeure Event and/or Foreign Delay Events, the ACD may be extended by the Seller, in its absolute discretion without cause, by written notice to the Purchaser for a period or periods of up to a total of twelve (12) months." No written notice was received, despite requesting it on 21/09/2018 by email (no reply). After several misleading communications and changing completion dates, they are now saying that because I did not exercise my entitlement to send written notice requiring completion of building works within 1 year from ACD ("Remedy Period"), I am not entitled to terminate. I didn`t send this notice as I was waiting for them to send theirs as per SPA obligations. Current RERA status is 61.59% (due 30/06/2020)and 84.54% (due 31/05/2020). Is this a good cause for termination?

فصل العامل قبل انتهاء فترة الاختبار دون سبب والمطالبة بالتعويض

س: فصلتني شركتي من العمل قبل انتهاء فتره الاختبار، ٦ أشهر، بثلاثة أيام فقط. من الواضح أن النية كانت مبيتة لهذا القرار؛ فليس من المنطق أن يكون السبب أن أدائي لم يكن جيدًا وهذا لم يُلاحَظ إلا في آخر ثلاثة أيام فقط! هل يحق لي المطالبة بتعويض عن هذا الفصل التعسفي؟

إزالة اسم من قوائم الإنتربول بعد صدور حكم بالبراءة

س: السلام عليكم، قضيتي إنتربول من العراق والقضية منتهية في الأردن وأخذت قرار فيها من المحكمة ببراءتي؛ فهي قضية ملفقة وغير قانونية وغير صحيحة. قدمت إلى دبي وسُحب جوازي في المطار لأن الاسم لم يُسحَب من الإنتربول الدولي.

دفع مكافأة نهاية الخدمة لعامل مع الإبقاء عليه

س: هل أستطيع أن أدفع لعامل لدي مبلغ مكافأة نهاية الخدمة عن مدة قضاها، حوالي 10 سنوات، وذلك بناءً على طلبه ويُسجّل لي تعهد باستلامه كافة مستحقاته العمالية وأبقيه يعمل لدي على أساس تاريخ بدء العمل الجديد على ألا يأتي بنهاية العقد ويطالبني بكامل الفترة؟

Refund of an off-plan apartment payments for delay in handover

Q: I bought an off-plan apartment a long time ago and paid almost 80% of the property value per my contract. Unfortunately, the developer couldn`t manage to deliver it on time and transferred it to another developer 4 years ago. The apartment is not ready by the second developer yet and they say that it might be ready by 2024 (Per our contract it should have been completed by 2009). I called the second company and asked them to terminate my contract but they told me that they are not responsible for it and I need to contact the first company. I also sent a couple of emails to this company (the second one) but they didn`t reply to my email. How can I get my money back? What is the legal process in the UAE for such a case? Thank you!