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UAE

How to avoid possible liabilities before buying an existing business

Q: Hello I am planning to buy an existing sole establishment company in Dubai. How can I inquire if the company has any existing loans? Also, once I buy the company, will I be liable for the payments of the existing business loans taken by the old owner? The email was wrong in the previous question.
Questions & Answers
UAE

What can the wife do if the husband refuses to divorce and accept custody?

Q: Hi I have applied for divorce in India against my husband. For the past 12 yrs, I have suffered a lot mentally and I took this decision to get separated. I work in Sharjah and I can take care of my 10 yrs old son. My husband drinks, abuses me, doubts me and behaves very bad, even after I have warned him many times I will take a divorce. He used to tell me always to go out of his house. Now I have told him a case has been registered and he will get a notice from India. Suddenly his behaviour is changed and he is saying he will not divorce and he won`t give my son to me. India lawyer told me that as he is a minor he has to be with me only. I am planning to live separately. Kindly advise me, can I go to a local police station and get a notice to leave my son to live with me peacefully? Even my son has suffered a lot. Kindly advise me.
Questions & Answers
UAE

How to check if there is a travel ban after finding out there are cases

Q: Hi, I just want to confirm regarding a travel ban. I have checked in a Dubai police station and found that 2 cases have been filed of a total amount of AED 25000 in Abu Dhabi which leads to a travel ban. Please advise, what is the procedure to lift the ban? If I pay the fine at court will it be enough to lift the ban?
Legal dictionary
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Walking possession

The temporary possession of a debtor’s assets, without actually removing them, taken by a court official until the assets can be sold to satisfy the debt owed to another party.
Legal dictionary
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Penal code

Otherwise known as a criminal code, is a document which compiles all, or a significant amount of, a particular jurisdiction’s criminal law. Typically, it will contain offences which are recognised in the jurisdiction, penalties which might be imposed for those offences and some general provisions (such as definitions and prohibitions on retroactive prosecution).
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Privileged communication

Communication which cannot be disclosed without the consent of the party making it, such as those made by a client to his or her legal adviser, or communication which does not expose the person making it to court proceedings for defamation, such as those made during court proceedings.
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Doctrine

In legal usage, it is a body of inter-related rules (usually common law and built over a long period of time) associated with a legal concept or principle.
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Franchise

A right that someone buys from a company to sell its goods or services, especially in a particular area. In its simplest terms, a franchise is a licence from an owner of a trademark or trade name permitting another to sell a product or service under that mark or name. More broadly stated, a franchise has evolved into an elaborate agreement under which the franchisee undertakes to conduct a business or sell a product or service in accordance with methods and procedures prescribed by the franchisor, and the franchisor undertakes to assist the franchisee through the advertising, promotion and other advisory services.
Legal dictionary
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قانون جنائي

مجموعة القوانين المنظمة لكيفية معاقبة مرتكبي الجرائم وكيفية فرض العقوبات القانونية عليهم، كما يحدد الأفعال المشروعة وغير المشروعة ويحدد العقوبات الموضوعة لكل جريمة
Questions & Answers
UAE

Setting an agreement for an off-plan real estate without binding dates

Q: Is it legal for a Dubai developer to sell an off-plan real estate without setting binding completion and handover dates, having sole discretion over setting those dates?
Legal dictionary
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Maladministration

Generally, actions of a government body that cause injustice, but has been extended to include maladministration by virtually any institution providing services to the general public. They include delay, incorrect action or failure to take action, failure to follow procedures or the law, failure to provide information, inadequate record keeping, failure to investigate, failure to reply, inadequate liaison, or inadequate communication.
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Legal dictionary
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Beyond a reasonable doubt

The standard of proof of the prosecution’s evidence that must be met in a criminal trial: that no other logical explanation can be established from the facts except that the defendant committed the crime.
Questions & Answers
UAE

How to check if the bank filed a case against me before leaving the UAE?

Q: I lost my job and since then, I haven`t been successful to get hired in the UAE. Fortunately, I got a job back home, starting date at beginning of May. I have a bank loan with a bank that I couldn`t close in full before leaving the UAE. My end of service would be used as a partial payment of the loan but the remaining balance will be over 200K. I aim to reach a new agreement with the bank, having a lower monthly instalment and longer loan period, being paid from my home country. I need an advice how to proceed on this matter in order to be able to leave the UAE at the end of April without being stopped at the border and reach an agreement with the bank from outside the UAE to pay the loan from my home country. The answer time from the bank is very slow. Thank you
Questions & Answers
UAE

Can the landlord sell the rented property without notifying the tenant?

Q: Dear lawyers, I am currently locked in a dispute with my landlord about vacating his property. I would like to get some advice regarding the issue. After my landlord tried to raise the rent on my villa past the RERA Index price, my wife and I decided to give the notice to leave. We then reverted back to the landlord to offer a new proposal in which he agreed via telephone to consider the new price and let us know, he never got back to us. A few days ago we have found out he is selling the unit/or has sold it before the end of our tenancy. Can you please let me know legally where I stand with this issue? Kind Regards,
Questions & Answers
UAE

What can I do if my lawyer charges me more than the fees agreed on?

Q: My lawyer in Abu Dhabi won much less than my settlement. My agreement with him was to get 10k if he wins the case; my settlement was 117k. He won 97k only and couldn`t rectify an error in my judgment through appeal. I was a manager and the court confused my contract with another worker from the same company since we were a large group. I won 14k in compensation for leave and unlawful deduction. My cheque was ready 5 weeks ago, and knowing that I have a friend with POA since I am outside the UAE now, he ignored my calls and my messages. And today, I was told that they had the money transferred to their account and that I will only get 4k since they will hold my 10k, is that legal?
Legal dictionary
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Culpable

Blameable; involving the breach of a legal duty or the commission of a fault. The term connotes fault rather than guilt.