UAE Legal Resources - Legal Advice Middle East

Q: My friend is a Hindu and is looking to divorce her husband who is a Muslim. Will the Sharia Law apply in this case? They have been separated for 2 years. They have a house together with a 50-50 share. Will she get any alimony? She is at fault because she sent inappropriate texts to someone and her husband found out. Could you please advise?

Conveyance

The transfer of property rights in land from one person to another or an instrument used to transfer title to property.

Repudiatory breach

A breach of contract that is so fundamental that it permits the injured party to terminate the performance of the contract, in addition to entitling that party to sue for damages.

Ijara

An Arabic word meaning rent. It is a sharia-compliant form of mortgage similar to rent to own, or rent with acquisition.

Trespass

Is made up of three separate groups; trespass to land, trespass to the person and trespass to chattels. Trespass to land is generally the tort most commonly associated with the term. It takes the form of wrongful interference with another’s possessory rights in real property. Trespass to the person can be an assault (any act of such a nature as to excite the apprehension of battery); battery (any intentional and unpermitted contact with a person) and false imprisonment (the unlawful obstruction or deprivation of freedom of movement). Trespass to chattels is an intentional interference with the possession of personal property.

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Gentleman’s agreement

An informal and legally non-binding agreement between two or more parties. It is typically made orally, though it may be written, or simply understood as part of an unspoken agreement by convention or through mutually beneficial etiquette. The essence of a gentleman’s agreement is that it relies upon the honour of the parties for its fulfilment, rather than in any way being enforceable. It is, therefore, distinct from a legal agreement or contract, which can be enforced if necessary.

Petition

The title of a formal legal document that initiates legal proceedings in a civil case, and which forms part of the pleadings in the case.

Lawyer assistance with the legal documents needed for operating private business

Q: I run a business of training & coaching services. 1. What legalities do I need to know to keep myself & my business protected? 2. What do I include in my contract/agreement with my clients? I have two clientele bases, one solo business owners/startups and second, I work with companies as an executive coach & trainer. 3. How can I get help from a lawyer to put down a contract with all the legalities?

Exclusion clause

Is a clause in a contract stating that a party is not liable for what would otherwise be a breach, or that his liability for that particular breach is limited. A true exclusion clause recognises a potential breach of contract and then excludes liability for it. Alternatively, the liability for the breach may be limited to a certain amount, or the claim for any loss as a result of a particular breach must be commenced within a certain period of time.

Causation

The causal relationship between conduct and result, especially when proving legal responsibility. This is a key component in establishing liability in both criminal and civil law.

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Unilateral contract

An agreement where one person promises to do something or to refrain from doing something if the other person does something, but the other person makes no promise to do or refrain from doing anything so that no enforceable obligation has been given by the other person.

حكم غيابي

قرار قضائي يصدر عن محكمة حال غياب المدعى عليه عن جلسات المرافعة.

How to get a good conduct certificate if you lost the Emirates ID

Q: Hi, I left the UAE in 2013, live in the USA. I need a ``certificate of good conduct`` for immigration purposes from the UAE government. I see how easy to get it online, but there`s one issue, I have no idea where my old Emirates ID is and my # is nowhere to be found. Is there a possibility to get this certificate on my Emirates ID # somewhere? Thanks

Turnkey operation

An agreement under which a company takes all responsibility for the construction, furnishing and staffing of a building (eg a hospital or factory) so that it is completely ready for the buyer to take over.

Indictment

A formal written statement that a person has committed a particular criminal offence.

Self-help

Chattel

Splitting joint property and choosing the law in a couple divorce from different religions