UAE Legal Resources - Legal Advice Middle East

في الشريعة الإسلامية، مدة تنتظرها الزوجة بعد طلاقها أو وفاة زوجها، ولا يحل لها فيها الزواج. وتبلغ عدة المطلقة ثلاثة قروء، بينما تبلغ عدة المتوفى عنها زوجها أربعة أشهر وعشرة أيام.

اكتتاب

مشاركة الأفراد لرأس مال وهو خاص بشركات المساهمة العامة، وينقسم إلى اكتتاب عام واكتتاب خاص. ولا يؤثر المساهمون بشكل كبير على اتخاذ القرارات بالشركة، أي أن السلطة الحقيقية تظل في يد ملّاكها.

شرط ضمني

شرط يتضمنه العقد بحكم الظرف أو العرف دون ذكره صراحةً ضمن بنوده، وهو ملزم لطرفي العقد.

Filing divorce for expatriates and transferring to work visa

Q: I am a British expatriate living and working in the UAE. Unfortunately, my marriage to my husband has broken down and we want to separate and divorce. We have a 14-year-old daughter. I work full time but I am on my husband`s visa, I’m not sure if I can be put into my work`s visa and get housing. I am really worried that I will end up having to leave the UAE and my daughter. Can I please get some advice on my legal rights. I just don’t know who to ask for advice and help. Thank you

Distributing the property of a deceased father and clearing the loans

Q: Hello, My father passed away on 27th, July 2020. He owns two companies, one is an LLC, and the other is a CPP. Their rents have not been paid for 5 months due to the Covid-19 effect. 1. What is the future of these companies and their accounts? 2. He also owns other assets. How can I (his son) access them? He has no loans or any dues apart from the pending rents.

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Requirement of exclusive agency agreement for a foreign company in the UAE

Q: Is it mandatory to have a dedicated or exclusive agency agreement for a foreign company doing business in the UAE? If there is an existing agency agreement, can it be cancelled without reason/cause?

Requirements of transferring the property of a deceased person

Q: Hello, I’m a Pakistani national. My father had an apartment in Dubai and he’s no more with us. I want details regarding legal documents which I need from Pakistan to initiate a case to transfer that apartment by inheritance law in Dubai.

Opening an execution file by the ex-wife for non-payment of outstanding dues

Q: My ex-wife had opened an execution file against me last year for non-payment of outstanding dues. I am now in the process of paying off the total outstanding balance. I would like to know: 1- Once the balance is cleared, is the execution file closed forever or can be re-opened? (assuming nothing in the divorce judgment is violated). 2- Can she reopen the execution file at a later stage to financially harass me; disputing something in the execution file not being calculated correctly? 3) Can the execution judge force a settlement if she is not being cooperative? 4) What are my options if she refuses to give me her passport for canceling her visa and force me to sponsor her? 5) She is unemployed and custodian of our daughter, I am financially supporting our child. If she decides to leave Dubai claiming that she will move abroad to her family for a better future of the kid (5 years old), is it possible even if I do not agree (as I won`t be able to bond with her)? Thanks!

Closing Etisalat account after clearing all the bills

Q: Good morning I settled my final bill and closed my Etisalat 2 years ago. They are still calling daily and now sending me final notices! Please assist. Thank you E. A.

Filing a fast track civil case to recover a bounced cheque amount

Q: A company gave us a cheque that bounced. The cheque amount is AED 108,000. What is the next action and how can we enforce a payment?

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Termination of property SPA after defaulting on instalments

Q: Hello, I am a Canadian citizen, currently living in Canada, who was previously working in Dubai. I own two properties that have both substantially depreciated from when I bought them, and unfortunately, the money I make here comes nowhere near the amount I need to pay back in Dubai per month. I have debt collectors threatening my family and me, and I want to make it all go away. I am asking if there are any steps I can take to solve this issue, such as declaring bankruptcy. Honestly, I cannot afford much and just want to live in peace. I am willing to give up both my properties, take in loss so far and just start fresh. I apologize for not giving any names, and I have been on the blunt end of many scammers in the UAE and people threatening my family, so I would rather keep things anonymous for a while till I feel safe.

Forcing the first wife to live with the second one in the same apartment

Q: I have been separated from my husband since July 2019. I live separately with our 10-year-old daughter. He lives in the same building with his so-called second wife and her two boys from her previous marriage. I am Christian and he was a Hindu when we married in India but he claims to have converted to Islam and remarried. I am a housewife and totally dependent on him. I would also like to sue him for maintenance as he doesn`t give me much. My immediate concern is that he is forcing me and my daughter to move in to a 2 bedroom and live with them. I am most definitely against this. He said that the contract to my apartment will finish on 25 July. What can I do to avoid getting kicked out by him? I have only 6 days. Can someone advise me of the quickest action?

Possibility of bail in case of detention for construction site accident

Q: Dear Sir, I have my friend in detention in Al Barsha police station for accidental death in a construction site. His team on site had employed fewer labours for work and one of those guys died in an accident. The police had detained my friend as he is the owner of the company. The police case report number is only available and they have not still transferred it to the public prosecution. Is it possible to get bail before the case being transferred?

Termination of property SPA for stopping handover after completion

Q: I have purchased an off-plan property in Dubai in 2014. The anticipated date of completion was December 2016, with 12 months legal grace period. The project was completed in August 2019, but until today 22-July-2020, the developer has not handed the project over. I have been very regular in my payments and have paid 90% of it. There is a clause in the contract which states I can only terminate my contract if the project is not handed over after 36 months of anticipated completion date and the project is not completed 60%. In my case, the project is ready 100% since August 2019. Can I terminate the contract and get back my 90% payments plus the legal interest? And where is it better to take my case, in Dubai courts or in DIFC? As according to my contract, I can go to DIFC arbitrators. Thank you.

Claiming the amount of a bounced cheque from supplier

Q: Hi, We received a cheque from someone who supplies our items and it bounced. As the amount is more than AED 200000, is it possible to recover our money if that person had already left the country?

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