UAE Legal Resources - Legal Advice Middle East

Belonging to, accessory or incidental to; annexed or appended to. A thing is deemed to be incidental or appurtenant to land when it is by right used with the land for its benefit, as in the case of a right of way or watercourse, or a passage of light or air from across the land belonging to another.

Larceny

The wrongful and fraudulent taking and carrying away by one person of the personal goods and property of another from any place, with the intention to convert them for his or her own use, and make them his or her property, without the consent of the owner.

Restrictive practice

Either a trade agreement that is against the public interest, or actions that limit the rights or freedom of workers or employees.

Warranty

A guarantee or promise which provides assurance by one party to the other party that specific facts or conditions are true or will happen. The factual guarantee may be enforced regardless of materiality which allows for a legal remedy if that promise is not true or is not followed. Although a warranty in its simplest form is an element of a contract, some warranties run with a product so that a manufacturer makes the warranty to a consumer with which the manufacturer has no direct contractual relationship.

All money is cashed by son who has a POA. What to do?

Q: I left the UAE in December 2016. I have given a power attorney to my son. He was supposed to transfer my funds to me when I open a bank account in my new location. I moved to Canada. When I got my permanent residence and social number, I requested him to just send all money at once. At that time, NBAD became FAB and I have no access anymore. Unfortunately, my POA representative lied to me saying that it is difficult to deal with the bank as there are a lot of restrictions and all the money is safe and untouched. At the same time, he cashed out all the funds from the account. What legal action I can do now in this case? Thank you!

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How to confirm that the settlement amount is paid to the bank by a lawyer?

Q: I have lost my job in the UAE. I am an Omani national and I am in Oman now. I have a bank loan and I asked a lawyer to reach a settlement with the bank. The total loan outstanding is 600000dhs. He told me that they agreed to a 200k settlement along with the legal fees. Now, I will give him that money. He will pay the bank lawyers directly and close the case. How can I be sure that they are not going to run away with this money?

Terminating an SPA due to a delay in a project for 24 months

Q: Seeking legal advice to terminate SPA due to a delay in the project for 24 months. I have purchased 2 apartments from a developer. Details of the project as per the signed SPAs: - 30% paid on time, 70% to be paid on handover. - Expected handover: 1-Apr-2019, Longstop: 1-Apr-2020. The Developer sent an email on 17-Mar-2020 saying that the new completion date will be September 2020 & October 2020 respectively for both apartments due to Covid-19. I met the developer on 2-Nov-2020 informing them that both apartments have not been delivered in September 2020 / October 2020 and asked for refunds. They flatly refused to refund saying that it is not possible and Dubai Court will favor their case due to COVID-19 if I decided to approach Dubai Court. On March 31, 2021, they sent the handover notice for 1 apartment. Question: Do I have a winning case if I filed to court to return the paid amount? I can provide the signed SPA if you need to review the terms and conditions of the signed SPA.

How to deal with a violent husband?

Q: My husband and I are from India. Recently, we moved to Dubai as my husband got a job here. He has a work permit. He was regularly beating me in India and now in Dubai too. He beats me during pregnancy as well. Now he has become maniacal and very violent. Please advise what can I do?

Garden leave

The practice whereby an employee leaving a job, having resigned or had their employment terminated, is instructed to stay away from work during the notice period, while still remaining on the payroll. This practice is often used to prevent employees from taking with them up-to-date (and possibly sensitive) information when they leave their current employer, especially when they are leaving to join a competitor.

طلاق رجعي

طلاق يحل فيه للزوج رد زوجته دون عقد جديد إذا رغب أثناء عدتها والتي تمتد إلى ثلاثة قروء. وبعد إنقضاء العدة، لا يجوز للزوج رد زوجته إلا بعقد زواج جديد ومهر جديد.

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حجر

منع شخص من التصرف في مال مملوك له لمصلحته مثل الحجر على المجنون، أو لمصلحة غيره كالحجر على مدين لسداد ديونه.

Amortized mortgage

Is a loan used to buy a house or other real property which is repaid with regular repayments comprising interest and the repayment of some of the money originally borrowed.

Bifurcated trial

A legal proceeding that is divided into two separate phases to separately address issues such as liability and damages, or guilt and punishment.

Standard directions

Instructions that a court gives to the parties to a case on how to prepare the case for trial. The directions are intended to make sure that everything about the case is known to the court and to all the parties before the full court hearing.

Mutatis mutandis

A Latin phrase meaning ‘the necessary changes having been made’ or ‘once the necessary changes have been made’.

Self-help

Rights of audience

Appurtenant