UAE Legal Resources - Legal Advice Middle East

Applicable law to submit a substitute of a death certificate for inheritance

Q: The governing law for succession in the country is UAE Federal Law No. 5 of 1985 or the Civil Transactions Code which states in Article 17 (1) that "Inheritance shall be governed by the law of the deceased at the time of his death." Does it mean that something would substitute as a death certificate since the question would probably be governed by the law of that state? Please explain in detail.

عقد وكالة

اتفاق بين طرفين على قيام أحدهما (الموكل إليه) بعمل قانوني لحساب الطرف الآخر (الموكّل)، وينص عقد الوكالة على نسبة عمولة الموكل إليه، والشروط الجزائية، وطريقة إنهاء العقد عند الحاجة.

The purchaser paid only 20% of the property price while it is 80% complete

Q: My question is from the developer side. A developer completed 80% construction certified by RERA Report. A customer paid only 20% of the selling price. We sent DLD Notice to the customer but no answer. We started the cancellation procedure through DLD, then the customer responded. Actually, the customer purchased 5 units, and all he paid is 20% of selling up to now. I want to know how much money I can forfeit if the customer is not able to pay by law. Also please give me the law reference of DLD!

Determining the proper rental for a villa

Q: Hello, This is an inquiry related to rental renewal. I currently rent a 5 bedroom villa from a real estate company where I pay AED 192,500 and it is up for renewal on April 30. As per RERA calculator, the range for 5 bedroom townhouse/Villa is 140k to 170K, thus it indicates no increase. As per search portals, there is a big price range for similar villas, 220K to 300k+. I have given my legal notice for my intention to renew as per RERA calculator and my landlord has also given notice for renewal but indicating that it will be at a much higher rent, roughly above 250k; a 30%+ increase. I would like to resolve this amicably, but there is a big gap between our own expectations. As per law, what are my next steps? Sincerely,

Investigation about case details in the UAE and strategy to claim the debt

Q: 1. Is there any website that can search for an expert investigation report for a case in Dubai? 2. Is there any way to search for an ongoing case by the defendant name? 3. In Dubai, if we claim a civil case, we should pay a 6% court fee according to the claim amount and is there anything the defendant should pay? 4. If we win the case, are the court fees and other court administrative fees liability of the defendant? 5. We have a case in which we will claim an amount of more than 630,000 US dollars, the defendant was in Dubai, we have 5-6 victims and still grow up. But we would like to use a pay afterwards strategy to claim the lawsuit which means we pay according to what we got, any lawyer who would like to talk about this please send a mail to us, thanks.

Who is responsible for the company bounced cheques if the signatory leaves?

Q: Hello Madam, My question is on a company cheque issued by the previous signatory (last 3 years new signatory, the previous signatory is absconding, not now in license). If this cheque is returned, is it the responsibility of the new signatory or the company?

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How to enforce a mutual divorce from a UAE court in India

Q: I got divorced in Dubai with mutual consent between me and my ex-wife in 2019. My ex-wife has now engaged a lawyer and is seeking to file a new divorce in India, since as per her lawyer the divorce decree granted by the Dubai court is not valid and binding as we were married in Mumbai, India. Hence the document doesn`t seem to be a valid document and I am legally married to her according to her lawyer. Additionally, since I recently got married again here, they are claiming that a criminal case can be filed since bigamy is not permitted in India. I was advised that a divorce by mutual consent from Dubai is valid and binding in India as well. Please advise.

The minimum age for being a company shareholder

Q: My son is 16 years old. Can I execute my trading company to him or make him a sponsor?

The procedures of closing a company loan in the UAE while being away

Q: I posted a question about closing a large business ($400.000) loan for our Florida start-up company to be manufacturing. We were told: "... partners who reside in countries with travel restrictions or medical conditions will be represented by the UAE central bank legalization officer who shall oversee the entire process in their absence in line with UAE COVID-19 safety measures. Furthermore, you the beneficiary is expected to take full responsibility for the legalization cost of all documentation to be used in this transaction at the Dubai magistrate court with the assistance of the UAE central bank official who shall represent you in the entire process of this transaction." The quoted fee was $6,800 to be paid in advance or at closing if we attend personally. Does this sound like a legitimate procedure for using an agent to sign loan documents? How can we conduct due diligence on this investment firm based in Kuwait to be sure we are dealing with the actual company? Thanks.

Coronavirus 101 for Businesses & Individuals in the UAE

An interview-format article covering the topic of COVID-19 in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.

Requirements to check whether a case is filed against an ex-pat for credit card loans

Q: Hello, I am writing to your criminal case services. I was living and working in Dubai between 2013-2017. Unfortunately, I’ve incurred some debts which I wasn’t able to repay in full due to loss of employment. Debts: Credit Cards Loans. I would like to use your services in order to check if any cases have been open against me in the UAE. Could you please provide your fees and which documents you may need from me? Looking forward to hearing from you. Best regards,

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Can I resign during the probation period and return to home country?

Q: Hi Ma`am, Good Morning. I am working in one LLC company in Dubai, I signed an unlimited contract in the month of Jan 2021. Now I am not satisfied with this company and salary also not proper so would like to resign and go back to my country. Will there be any consequences if I resign within 6 months. My VISA belongs to the employer and my passport is also with them. Kindly advise. Thanks

Resignation after 15 days of work in limited employment contracts

Q: I have just joined a company with a limited contract. I signed an MOL, but haven’t done the medical tests. I am currently working and it’s been 15 days. Can I resign during this period or not? What might be the problem that I could face? Will there be any ban?

Floating charge

Is a security interest over a fund of changing assets of a company or a limited liability partnership (LLP) which ‘floats’ or ‘hovers’ until the point at which it is converted into a fixed charge, at which point the charge attaches to a specific asset of the company or LLP. This conversion into a fixed charge is called crystallisation and can be triggered by a number of events, including non-payment or the commencement of insolvency proceedings.

تعنت المستأجر مع عدم دفع الإيجار أو تكاليف الخدمات

س: السلام عليكم أستاذنا الفاضل، مقيم بالإمارات ولدي مستأجر في الشقة ممتنع عن السداد منذ حوالي أكثر من سنة بسبب صعوبة السفر لمتابعة الموضوع. كل فترة يقوم بكتابة كمبيالة بالمبلغ المستحق عليه وإعطائها لابنتي. عندما طلبت منه إخلاء المأجور امتنع. عليه مستحقات عالية جراء استهلاك الكهرباء والماء. أبلغت شركة الكهرباء بفصل الخدمة عن الشقة إلا أنه لم يتم؛ فقمت بفصل الخدمة عنه. رفع شكوى ضد ابنتي. أُجبِرت على رد الخدمة. ملاحظة: العقد منتهي منذ شهر سبتمبر 2020 ومعي منه كمبيالات تأمين وكمبيالات بقيمة الإيجار وعليه قيمة إيجار غير مدفوع. يُرجى الإفادة!

Right of the employee to resign without notice in case of holding salaries

Q: Good morning. My sister joined a company 2 weeks before her visit visa expired. Her company delayed processing her visa until she got overstay fines. The company now suggested she pays for the fines before they issue her employment visa. She didn`t have money and requested for the overstay fine to be deducted from her salary because she wants to work. The company made her sign an agreement paper stating AED 6000 will be deducted from her salary as overstay fines. The company is deducting this cash monthly alongside a deduction because of COVID-19. But for two months now, they didn`t pay her salary. Every time she requested the salary, she is not given it. Now she stops working and wants to be paid before she starts working again. She is still in her probation period and wants to request termination because the company is not terminating her. Would she have any ban if she requested termination during this probation period or if the company decided to terminate her?

Self-help