Questions & Answers - Legal Advice Middle East

Liability of a partner for breaching loan agreement and loss of profits

Q: Q1- A loan agreement was signed between P1 and P2 for a fund to be put in a trading as a favour from P2 to P1. P2 changed his mind and did not release the fund. Trading proceeded with another fund and the return during the agreed period was substantial. Is P2 liable to P1 for the earnings which could have been realized? Q2- A trading fund was in operation based on an agreement between P1 and P2. P1 owed P2 $X to be paid over 18 months. P1 funded the P2 account for the entire loan plus interest. P2 allowed P1 to trade with the fund as long as the loan liability is covered and loan payment is paid from proceeds, it was agreed that additional profit over the loan payments can be withdrawn by P1. P2 had full control over the funds but not the trading. P2 changed his mind and added 20% buffer to remain in the account as added security. The trading hit a downturn and fund got liquidated. Is P2 liable for the loss of the 20% additional buffer which he required to keep in the trading fund?

Legal assistance in drafting contracts for an e-commerce business

Q: I have an online startup in which I will showcase products on my app from various vendors/stores. I need an agreement which highlights the main deliverables of each party that can be signed between me and the stores.

Recovering the funds of a bounced cheque from Dubai after leaving

Q: Bounced cheque in Dubai - how can funds be recovered? I am no longer a resident there.

WhatsApp messages as an evidence in criminal investigation

Q: Can WhatsApp flirting messages be used as an evidence of molestation case?

Filing a case for child custody and maintenance

Q: Dear Sir, My husband and I are separated. I have a 7-month-old baby to whom he provided no support whatsoever, however, he is holding all her IDs with the intention of harming me. Would it be possible to open a case and ask to be the guardian and custodian of the baby, so that all the rights will be with me and the so-called father will have no responsibilities nor rights over the child? Thank you. Best regards, Fatma

متابعة قضية ضرب وسب لدى النيابة العامة

س: السلام عليكم يعطيكم العافية يا إخوان. أنا عندي قضية جنح عادية وهي تعدي بالضرب والسب. وطبعاً بالتحقيق اعترف الجاني بكل تفاصيل الحادثة وكان عندي شهوداً حضروا التحقيق وقال لي المحقق أنني الآن مجني عليه ورفعت القضية للنيابة. وعندي الآن أكثر من استفسار وخصوصاً أني أتصفح الآن موقع وزارة العدل. أول جلسه كانت تأجيل إداري وحددوا جلسة ثانية، ولكن مكتوب تأجيل للإعلان وحددوا جلسة الشهر القادم. ما هو المطلوب مني الآن لكي أتابع القضية؟ هل يجب أن أحضر الجلسات؟ هل يجب أن أوكل محامي؟ ما هي الأحكام التي تصدر على مثل هذه القضايا عادة وكم تطول مدتها؟ هل أقدر أن أطلب حكم مستعجل؟ وبعد صدور الحكم، هل أقدر أن أرفع قضية مدنية، وكم مقدار التعويض؟ ومشكورين

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ضمان البنك لحقه في تحصيل ديون البطاقة الائتمانية

س: شكراً لردك. أود الاشارة أن قيمة البطاقة الائتمانية 120 ألف والبنك يريد مع الفوائد 170 ألف، وشيك الضمان 100 ألف فقط. في حال دفع شيك الضمان 100 ألف، هل يحق للبنك مطالبتي بالباقي؟ وكيف يطالبني إذا كان الشيك قد تم دفعه؟

Resignation during the probation period and its consequences

Q: Good afternoon, I have been working in a nursery as a class teacher. I`ve left the Job during the probation period. My contract is unlimited. My employer is requiring me the cost of the visa. For leaving the job during the probation period: - Shall I pay the proportional costs of the visa? - Could I face a ban by MOHRE/Employer? - Shall I communicate 30 days before leaving? - Should It be as a mutual agreement between both parties, or I can quit the job without the consent of the employer? Kind regards and thank you in advance.

How to withdraw from a job offer after accepting it

Q: This question is for my son. The problem is that the offer letter has been signed, but this company doesn’t follow the visa process. How to cancel this offer letter?

Staying in the country after the employers close company

Q: Good day, My company is about to close and I have worked just for 6 months. My boss speaks of sending me back to my country because he is closing the company. I signed a 2-year contract with the company and I don’t want to go back to my country. I want to look for another job, what can I do?

تسوية المبالغ المتراكمة على البطاقة الائتمانية مع البنك

س: تحية طيبة، أنا في الامارات، والبنك يهددني بمبالغ ضخمة للبطاقة الائتمانية تفوق قيمة شيك الضمان. والسؤال هل في حال دفعت قيمة شيك الضمان ينتهي الأمر أو يمكن للبنك مطالبتي بالمبالغ الباقية؟

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Consequences of early exit from a warehouse tenancy contract

Q: Greetings, Dear Sir, I have rented one warehouse in Feb 2018 and want to terminate my contract because of financial issues, but the landlord is demanding 4 months rent as a penalty. Please be noted that in the contract, the termination clause is mentioned as "Termination of the tenancy contract is possible only after fully agreed terms by both parties". Kindly advise, and also give any reference form law section.

Landlord's right of early exit option from the tenancy contract

Q: I am renting out my villa located in Palm Jumeirah, Dubai. The tenancy contract will start on 01 June 2018 to 31 May 2019. My question is that, can I mention in the addendum that the landlord has the right to terminate the tenancy contract before the expiry date by giving a 3 months` written notice to the tenant?

Issues with a real estate company regarding the final payment

Q: Good afternoon, I purchased through Leptos Estates in 2005. I was in dispute over a final payment because they never completed the snagging. The last invoice they sent me was in 2008 at which time I contacted them to say I was still unhappy as they hadn`t rectified the snagging issues. There has been no correspondence from them regarding this for over 10 years so I assumed they had accepted my counterclaim. They have now sent me an invoice claiming the interest of over 10,000 euro. Am I liable or is there a case that they have failed to try to recover this amount even if I have to pay interest as stated at the last invoice in 2008? Leptos claims that we owe them as monies were outstanding even though they haven`t invoiced me or contacted me by email regarding this in 10 years. In that time, I have not changed my email address and have had my post redirected if ever I was not at my home address. I would appreciate your thoughts.

Settlement of possible cases for outstanding bank debts

Q: Hi! I want to know where I must go to check police case/s filed against me by the banks and where and how will I pay the fine.

Legal proceedings against the seller of illegal property

Q: Hello I have bought a property in Isfahan, but when I went to sell it I found out that there are problems with the land it is on and it was illegally built. Should the lawyer acting on my behalf when I purchased it not have done a search and found out this before proceeding with the sale? What can I do now?