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تجاوز المحكمة للأسس القانونية للدعوى

تعد الأسس القانونية للدعوى عناصر يستند إليها الأطراف دعما لدعاواهم، وهي ما يسميه المشرع وسائل ميزها صراحة عن السبب والموضوع، فهل يسمح هذا القول بالإقرار بإمكان تجاوزها من قبل المحكمة؟ سنحاول الإجابة عن السؤال بذكر مبررات الإمكان قبل عرض موقف المشرع.

How to agree on the applicable law for divorce if the couple seek different laws

Q: Hi, I had a question regarding starting divorce proceedings in Dubai. My wife and I are Australian citizens, Dubai residents. We are originally from India, married in India as per Hindu customs. We have two kids (23 years & 14 years) both Australian passports also. She wants to apply the UAE law for the divorce and I want to proceed as per Australian law. Can you advise how the court will rule and which country law should apply?

What is the validity of a divorce order by Dubai Courts in India?

Q: I am an Indian expatriate and I have been granted divorce recently by Dubai Courts. During the last two hearings, my wife was not present. Would it be considered an ex-parte divorce or a contested divorce? Also, would this divorce be valid in India? * I have read that the UAE Notified As A Reciprocating Territory Under Section 44A Of Civil Procedure Code. But I am not sure if this divorce would be valid in India.

Removing an immigration ban issued due to an old labor issue

Q: I have an immigration ban from Dubai (2011) due to an old labor issue with my previous employer. I need to get this ban removed as I am working for a Dubai-based entity and need to travel to Dubai for official visits. Please don`t expect any assistance from my previous sponsor. Kindly advise!

How to register a will for allocating assets in the UAE?

Q: I am a non-Muslim expatriate in Dubai. I have 2 apartments and bank accounts in Dubai. I have only a daughter who is abroad (my wife passed away). How to make a will and register that in the cheapest way in Dubai, so that the properties and cash in accounts will go to my daughter?

Is it possible to get an experience letter to apply for another job?

Q: Good afternoon, I am a doctor working in Dubai. I am on a 2-year contract which is due to expire in 5 months. In the interim, I want to apply for another job, for which I need an experience letter from my present employer. However, my present employer is refusing to give me a letter saying that it is company policy not to issue a letter if the purpose of the letter is to apply for another job. Is it consistent with the UAE labor law to refuse to give employment letters to employees before the end of the service? Thank you!

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Is the employee obliged to pay overstay fines to employer to get visa cancelled?

Q: My previous company filed an absconding case against me in December 2020. The reason for them filing the case was down to the company refusing to pay the visa fines that had incurred due to not canceling or completing the residency visa. Within 60 days period, I approached immigration who told me to contact the company to apply for absconding withdrawal which I did. The company then requested I pay AED 4,800 to cover the cost of applying and withdrawing the case and cover visa fines. As I didn`t have that amount of money to hand, it took me a few months to get the money together. As of May 2021, the absconding case was officially withdrawn. Now the company is requesting I pay AED 8,500 in fines in order to cancel the employment entry permit. How can I go about waiving or reducing this fine? I don`t have AED 8,500 to pay the fine. The company won`t help me either. I am in a very difficult financial situation and have been offered new employment. Any advice would be helpful. Thank you.

Will the appeal court listen to the employer's fake allegations and judge in his favor?

Q: Hi, I have won a case of dirhams 8400 but my company has filed an appeal case and has put fake allegations on me of 20 thousand dirhams. When I went to submit the memorandum reply, 3 people have advised me that since the claim value of the case is less there is no need for any reply to the memorandum. My hearing for final judgment is now decided for next month. I`m still scared if I will not receive my payment and if I have to end up paying 20K to my employer. Please suggest. Also please advise what happens if I lose this appeal case.

رفض البنك التسوية إلا بدفعة كبيرة

س: السلام عليكم ورحمة الله، في حالة رفض البنك التسوية إلا بتقديم دفعة أولى ويكون المبلغ كبيرًا والشخص ليس لديه هذه الدفعة، ماذا يفعل؟

Preparing for a court hearing of a labor case by an employee

Q: Hello, I have a few questions: 1. My first court hearing date is set for my labor case, has the employer been notified by Dubai court of such? 2. I have a remote hearing case in 2 weeks` time, how do I request a translator for the remote hearing beforehand? 3. I have already submitted all documents, what do I need to submit during the first hearing? 4. Will there be access to listen to what was said during the session after the court session is over? 5. In the event the employer does not attend the hearing, will they postpone or continue as normal? Thanks!

Is the seller responsible for the car faults after sale and insurance transfer?

Q: Hello Sir/Madam, I put an ad in one of the online portals for selling my used vehicle which I brought from a private person 4 months before. When I purchase it, the seller did not disclose to me the faults of the vehicle. One buyer came to me seeing my advertisement and agreed for 10,750/-. While inspection at ADNOC, they found that the car is having some issues. He agreed with me that he will take the car with the issues with a very low amount of money 3,300/-. I transferred the insurance, but could not transfer the car in his name due to RTA`s short working hours in Ramadan. Even I did not take any advance from him. Later one mechanical part got damaged. As a seller, I informed him as the buyer. Now he is saying that I have to fix it and sell him at a lower price than agreed. The repair may cost me around AED 1,200/-. Now I don’t want to sell at this big loss and I told him the same. But he is saying that he will go to govt. authorities. What should I do? Please help.

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Suing a beauty salon for damages occurred during a standard procedure

Q: Dear community, Our relative is on a tourist visa in Dubai. She has visited a beauty salon yesterday in DIFC. A standard procedure has resulted in severe cut with continuous bleeding, in sensitive parts. The salon didn`t charge her and they followed up asking if she was okay. We bought medicine to stop the bleeding at home. We didn`t visit the hospital or a doctor, as we have an 8-month-old baby and it is not easy to do this. At this stage, we want to sue them for these damages, because it is yet to be seen how this will impact in the future. Kind Regards,

Power of attorney (PoA)

A written authorisation to represent or act on another’s behalf (the principal) in private affairs, business or some other legal matter, sometimes against the wishes of the principal. It is generally terminated when the principal dies or becomes incompetent, but the principal can revoke it at any time. See also: Online POA and Other Notary Public Services in the UAE

Can the company decide to cut the payments of employees without their consent?

Q: I`m a pilot and my contract with my company says that I will be paid when I`m on site in Abu Dhabi. However, they have decided not to pay me when I`m in quarantine in Abu Dhabi, I`ve never tested positive and always been ready for work. They are saying that they have a waiver from the government for not paying.

Can the employee resign from a limited contract without getting banned?

Q: Hello there. I am working in a government organization here in the UAE. I was employed last January 2020 and was supposed to be a regular employee last July 2020. But last April 2020 they released a memo saying that all regularisation and promotions of employees will be on hold due to the pandemic and financial situation of the company. Up until now, I am still receiving a probationary salary. I wish to resign and transfer to a semi government company. Can my employer impose an employment ban on me if I resign? I have a limited contract by the way. Thank you in advance for answering my question.

Can the employee refuse to sign visa cancellation form before retaining his passport?

Q: I have been disputing with my employer to release my passport as I have informed them that I will not sign the cancellation forms for my residence visa till I get my passport in my possession as I`m aware that the employer has no right to retain my passport for whatever reason. The employer stated that they will only release my passport when I sign the cancellation form plus show them that I have received my new visa or leaving the UAE within the 30 days grace period. I have repeatedly informed them that they don`t have the right, but they keep telling me it`s a new procedure that they need to hold my passport till I get a new work visa or leave the country within the grace period. In my offer and my labor contract, there is no statement or I have given them a written consent in the first place to hand over my passport. Please advise if I can open a case with regards to this.

Self-help