Self-help
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UAE
The rights of the silent partner when the LLC company is closed
Q: Our Dubai mainland LLC company stopped business due to financial hardships. There is a silent partner who invested AED 400k against a 25% stake in the company. The partnership is via a share holder`s agreement and not a named partnership. Q1: Can he file a commercial dispute against the managing partner to make him personally liable? Q2: Can the managing partner compel the investing partner to contribute to the pending dues and expenses to close the company? Q3: Are any of the cases or judgments criminal in nature? that is, requiring bail or imprisonment? Questions & Answers
UAE
Registering an execution case after winning a payment order
Q: I need to register an execution case since I won a payment order (Amr Ada) Case. A) Is there a special format to use when registering the execution case file? or can I type in my words in the online process for smart case registration? B) What is the cost of the execution for the Amr Ada case? I need to claim that amount as part of my total, but I don`t know how much this will cost me? Is it a fixed cost or is it a percentage of the executed amount? C) The honorable court had earlier decided to give me a fee postponement of Amr Ada court fees since I am 80 years old. Then the respondent lost the Amr Ada lawsuit and he will have to pay the court fees. Will I have to pay for the execution case filing? Or the letter I got for court fee postponement will apply to the execution case as well? Thank you! Questions & Answers
UAE
The developer failed to rectify the numerous leakages in the apartment, what to do?
Q: Good afternoon, I have purchased a property in Al Barsha (top floor). In spite of repeated reminders, the developer failed to rectify the leakages (numerous) in my apartment. I had also notified this during DLP (Defect liability period). Can I refer my dispute to Rental Disputes Committee in Dubai Courts, even though there is an arbitration clause in the Sale and Purchase Agreement? Appreciate your guidance on this. Kind regards, Kalpesh Questions & Answers
UAE
Forcing an employee to sign an undertaking letter of non compete
Q: Hi, I have an employment contract with a clause: non compete for 2 years in case of resignation. But, this clause was not mentioned in my offer letter when they hired me. My question is: do I have to sign now an undertaking letter of non compete clause while leaving the company by resigning because HR is forcing me to sign the undertaking letter now? Questions & Answers
UAE
The developer is delaying the issuance of the title deed
Q: It has been more than one year since I have made full payment for a ready to move in property. The developer has not given a date for issuing me the title deed. I complained to DLD. However, they told me that the developer has already been issued a fine, and now I have to take the matter to court. I have all the required documents to verify the above said. I want to know the following: 1) Can I sue the developer and ask him for compensation for the delay in issuing the title deed? 2) Can the developer charge me service charges when the title deed is still not issued? 3) How much (approximately) would it cost me to take the matter to court? Is it possible to have outside of the court settlement? Questions & Answers
UAE
إثبات ملكية شقة بعد شرائها من الباطن وضياع العقد
س: اشترى أخي شقة من الباطن من المالك لأن أقساطها لم تُسدد بالكامل ودفع له ثمنها المُتَّفق عليه ثم ضاع العقد من أخي والشقة لم يسكن فيها حتى الآن. كيف يمكن إثبات الحق فيها؟ وكيف يمكن بيعها أو تأجيرها لشخص آخر؟ Questions & Answers
UAE
Can the tenant avoid paying early exit penalty for rent after losing job?
Q: We have an existing tenancy contract in Sharjah, but due to unfortunate circumstances of this pandemic, my wife and I lost our jobs. We already paid until December. Is there a current law where we can avoid paying the penalty of 2 months if we will end the contract earlier? Questions & Answers
UAE
The right action after cancelling the project of a purchased property
Q: Hi, I have purchased a property in Dubai in 2014 and was promised for handover after 6 months, but didn`t complete. In 2018, the property was ceased by the land dept but the project where we had our unit was 90% complete so it was not cancelled and now they gave it to a new developer to complete it and hand it over. We were told by the land dept now to contact the new developer for registration and handover. Now almost 2 months passed we have sent multiple emails to the new developer but no response from them. Not even acknowledged. What should we do in this situation? We have paid the full amount. Questions & Answers
UAE
The validity of divorce issued in the Egyptian Consulate in Dubai
Q: Hello, I am Filipina Muslim and my husband is Egyptian Muslim. I found him cheating so I want to file a divorce. If we get divorced in the Egyptian Consulate in Dubai, since our marriage took there, will our divorce be legalized in the Philippines and the UAE as well? We both agreed to mutual consent divorce. Questions & Answers
UAE
Filing a false case against an employee in order not to pay his dues
Q: Sir, I am working in Dubai as a sales representative with 1000 as basic salary in the contract. I submit my resignation on 15/09/2020 with 30 days notice period. The company asked me to hand over the job on 01/10/2020. I handed over the company car, SIM, and laptop. On 11/10/2020, the company filed a case against me that I deleted all company emails. They filed a case in labor court. They don`t want to pay me September month salary + 6 years final settlement +1 year leave salary. Also, They don`t want me to join a competitor company. That`s why they filed the case. I do not have money for food. My 4 member family in India depends only on my salary. I don`t know what to do. Please help me! Questions & Answers
UAE
How to get married in Dubai?
Q: Hi, I want to know how can I get married in Dubai? What are the requirements? Can I get detailed information? Questions & Answers
UAE
How to notarize a declaration form to withdraw a provident fund from Hong Kong
Q: Dear Sir/Madam, I want to notarize a declaration form to withdraw PF (Provident Fund) from Hong Kong where I previously worked. This is a declaration form saying that I have already left Hong Kong and am working now in another country and have no intention to return back to Hong Kong. Is it possible to notarize this declaration in Abu Dhabi? I have attached the filled in declaration form. If this is possible, please let me know how much it would cost? Questions & Answers
UAE
Divorce of expats in the UAE and its international recognition
Q: Hi, I am an Australian, currently married to a British wife. We were married in the US. We both live in the UAE and wish to divorce here. We believe this to be the quickest and easiest process. If we do a UAE divorce by mutual consent, is this internationally recognized? Questions & Answers
UAE
Filing a complaint against a husband who is cheating on his wife
Q: Hello sir, I stay in India. My husband has been working in the UAE for the last 5 years. Last month, I came to know that he is having an affair with a Pakistani girl and they are in love for the last year. The girl herself had given me a call. I want to complain against that girl and my husband. Please guide me! Questions & Answers
UAE
رفض رد الدفعة المقدمة رغم الاتفاق على إمكانية ردها
س: قبل أكثر من سنتين عُرِض علي شراء شقة بمجمع سكني لم يبنَ، ولأنني لا أملك مقدَّمًا، طلبت تمويلاً بنكيًا وانتظرت الموافقة. قال لي موظف الشركة: ادفع أي مبلغ الآن للحجز وهو قابل للاسترداد. دفعت المبلغ لكن لم أحصل على قرض البنك وعندما أخبرت الموظف أنني لا أستطيع الشراء وطالبت برد المبلغ تهَّرب. عندما راجعت الشركة قالوا لا يمكن استرداد المبلغ مع العلم أنه لا توجد أي معلومة واضحة من الشركة على أن الدفعة لا تُرد إلا بعد الدفع. كيف لي أن أعرف أنه لا يمكن الاسترداد قبل الدفع؟ الموظفون لا يعطون المعلومة الصحيحة. هل يحق لي رفع قضية بناءً على أنه لا توجد معلومة مسبقة من الشركة؟ Questions & Answers
UAE