Middle East Legal Resources - Legal Advice Middle East

The custody of a three month child before divorce

Q: Hello, I have submitted a divorce request with Al Adheed. As this process can take a while as both parties are not agreeing with each other terms, during this time, who has custody of the child? My child is 3 months old. My husband left the marital home one year ago and my son currently lives with me. If the custody is with the mother, where can she obtain written proof that custody is with her to show the father?

I bought a second-hand car and it stopped working. Can I sue the seller?

Q: Hi, I bought a second-hand car through an individual via an ad posted on an online platform. In the ad, he mentioned the vehicle is under an extended warranty. While the car passing was underway, I contacted the agency to check the car warranty and they said such information can only be given to the owner. So I told the buyer to confirm where the vehicle is under extended warranty. He got on a call and told me the agency is going to send him the details. After some time, he told me that the agency has confirmed the warranty. Three days after the transaction the car stopped working. When I contacted the agency for service, they said that the car is not under warranty. The warranty was the biggest factor for me to go ahead with the purchase. What are my options here to take action against that individual for selling the car by misrepresenting it in the advertisement?

Time limit to present a bounced cheque for execution according to the new law

Q: Regarding the new cheque bounce execution, is there a time period to file this execution after the cheque has been bounced? Let me explain further. If a cheque was bounced in January 2019, can the party who has this cheque file for a cheque bounce execution under the new law that came into effect year?

تقديم طلب أمر عريضة بنفقة مؤقتة مع استمرار الزواج

س: السلام عليكم، هل في حال استمرار الزواج يحق للمرأة تقديم طلب أمر على عريضة بنفقة مؤقتة حال عدم الإنفاق؟ وكيف يكون تقديم الطلب والإثبات بعدم الإنفاق؟

مطالبة المحكمة بانتداب خبير آخر لإخلال الأول بضوابط الخبرة

س: السلام عليكم، في محاكم دبي بعد قيام الخبير المنتدب بتسليم تقريره للمحكمة وبعد يوم عمل فقط، قامت المحكمة بسداد أمانة الخبرة للخبير، لكن المدعي يرغب في تقديم شكوى ضده ومطالبة المحكمة بانتداب خبير آخر لإخلاله بضوابط الخبرة. هل بإمكان المدعي فعل ذلك رغم استلام الخبير مستحقاته المادية؟ وهل عادة المحكمة أن تصرف مستحقات الخبير بمجرد تسليمه للتقرير دون انتظار أي تعقيب من أي طرف خصوصًا أن موعد الجلسة القادمة لم يأتِ بعد؟

Cancellation of visa and getting labor dues while being abroad

Q: Hi, I hope you can give me some advice and guidance relating to visa cancellation and departing the UAE. I am currently employed, by a global company, in the UAE. I have been based between Dubai and Europe, I have not exceeded 6 months outside the UAE during that period. My current visa expires on 16/10/22. I have taken an offer to transfer to Europe permanently. I have suggested I transfer on the date my current visa expires - 16/10. Do I need to return to the UAE for visa cancellation or, can my employer, as a sponsor, cancel the visa online? Regarding gratuities, as I understand it, the UAE law is that they must pay this to me before the cancellation of my visa. Can I elect where those gratuities are paid? I would prefer for the final salary and gratuities to be paid to my account in Europe, can I request or insist on this? Thanks a lot in advance for your help or guidance on this topic!

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Getting a ban upon resignation after finishing the probationary period

Q: Dear sir/madam, I want to resign after I finished my probationary period in my company. Can I get a ban from working with another company? Does my old company have the right to reimburse me for the visa fees?

How can you settle a case for loan default with the bank on low instalments?

Q: My husband has a case for a loan in Dubai with an amount of 1 million. He had a travel ban also. How can we settle it? The bank does not agree to settle it in a reasonable amount. We can`t afford such an amount. What will we do?

Brother's address was provided for getting a loan and it is not paid. Can he travel to the UAE?

Q: Hi, I have 2 credit cards in the UAE. Due to Covid-19, I returned to my home country without paying my dues. When I was requesting a credit card, I provided my brother`s mobile no and address in my home country to the bank person. Now randomly, the bank is contacting my brother about my bank dues. The issue is my brother wishes to come to Dubai for work. If he comes to Dubai, may the police or bank catch him and ask for my bank dues? Or can my brother work in Dubai without any issues and enter without any issues? Please explain to me!

How to know if someone is restricted from coming back to the UAE?

Q: Hi, My husband worked in the UAE way back in 2010. How to know if he is banned and restricted from coming back to the UAE?

Eviction from the office by the new landlord based on the old landlord's notice

Q: The 2-year tenancy contract for our rented office in Dubai is coming to an end on 30.01.2023. On 24.3.22 we received a notice of non-renewal from our landlord at the time. On 28.03.22, however, the property was sold. We never received any communication or termination from the new landlord. If there is no communication with our new landlord, will our tenancy contract be automatically renewed (1 or 2 years) as per Article 25(2) of the Tenancy Law?

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How to inform an offender about a case filed against him?

Q: Dear sir/madam, What is the legal acceptable process to let the offender know that a case is being filed against him/her when I don`t have her name or contact but knows where he/she lives including the apartment number?

Our trading company provided material to another company and got a bounced cheque

Q: Hello, We are a trading company. 8 months ago, we delivered material to a customer and took a security cheque with the date 09-June-2022. The day passed and the customer did not make our payment, we deposited the cheque in the bank after the due date and it bounced. Please let us know the legal way to claim the amount which is more than AED 200,000. There is a stamp also for the security cheque on the back side of the cheque.

What to do if an employer is not giving the passports to the employees?

Q: Dear sir/madam, What can I do if my employer is not giving me my passport? I submitted my resignation and gave the 1 month`s notice without salary. My employer is asking for 1000 AED for my cancellation to give my passport. I paid 1000 AED, but the employer did not give me my passport. He has given only the cancellation papers. What will I do?

The possibility to prove that a civil company is a commercial company

Q: Dear sir/madam, There is a civil company with a professional license that owes me 925,000 AED as per an existing execution lawsuit. The company has not paid me in the last 5 years despite one of the partners/managers being detained for one month. I met the partner/manager of the company and he said he will start a lawsuit to declare that his civil company is a commercial LLC. Then he will only have to pay 50,000 AED (declared capital of his company as per his MOU of the civil company). He showed me a precedent lawsuit wherein the cassation court stated that they are responsible to judge if a company is civil or commercial, irrespective of the license. Question 1: Have many companies with civil licenses been deemed to be commercial companies recently? Is it easy to prove that a civil company is a commercial company? Question 2: What type of evidence has the partner/manager to produce to prove that his company was a commercial company even though it has a 25-year-old civil license?

The landlord refuses to wait for days beyond rental cheque due date. What to do?

Q: Dear sir/madam, My rental cheque is due tomorrow and unfortunately, I’m not able to honor it. I asked my landlord to wait a couple of days but he doesn’t want to wait and said that he is going to cash the cheque tomorrow. Of course, the cheque will bounce, what would be the procedure then? Do I have a certain amount of days before eviction to pay the rent?

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