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Force majeure
A common clause in contracts that essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties such as war, strike, riot, crime, or an event known as an act of God (such as a hurricane, flooding, earthquake, volcanic eruption etc.), prevents one or both parties from fulfilling their obligations under the contract. In practice, most force majeure clauses do not exclude a party’s non-performance entirely, but only suspends it for the duration of the force majeure event. Questions & Answers
UAE
The possibility to join a competitor while there is a non-compete clause
Q: Hi, I am working for a company in the Media City as a developer and I have a non-compete clause in my contract. I want to join a competitor who is also in Dubai but because of this non-compete clause, I cannot join the competitor. Is there any way to leave my current company and join the competitor? Questions & Answers
UAE
Paying compensation to the employer due to early termination
Q: Dear Sir/Mam, My brother is working in Jebel Ali Freezone. He has planned to put resignation as he got another job. His notice period is 30 days as per the contract. He wants to join a new company soon so he would like to compensate for the unserved notice period days. He would like to know if it is his right to claim to pay the compensation to the company or employer and exit early? Questions & Answers
UAE
Is two months' notice before contract expiry enough to terminate an employee?
Q: Dear Lawyer, I am a part of the HR Team of a company on the mainland. In our company, in order to terminate a contract, a notice of 3 months has to be served. We need to terminate the contract of an employee and only two months remain for the completion of the contract. We have mentioned the below statement in our contract: "In case the company is the party who desires the termination, the company shall notify the employee in writing, three months prior to the termination date or for the remaining period of the contract, whichever is shorter. However, if the company fails to serve the above-mentioned notice, the college shall compensate the employee with three months aggregate salary or the remaining period of the contract, whichever is shorter." So please confirm if two months` notice is enough and this employee has no standing to challenge us in the court. Questions & Answers
UAE
How to apply for travel ban to prevent the wife from travelling with daughter?
Q: Hello, How and where can I directly apply a travel ban on my daughter, as to not allow my wife to take her outside the country without my knowledge? And how much does that cost approx? Legal dictionary
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إيجار
قيمة مالية يسددها المتنفع بشيء لمالكه مقابل الانتفاع به لمدة متفق عليها. Legal dictionary
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Usufruct
The right to use and derive profit from a piece of real property belonging to another, provided the property itself remains undiminished and undamaged in any way. There is no transfer of legal title and a usufruct can be granted for the holder’s lifetime or a shorter term. Legal dictionary
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عقار
ملك له أصل ثابت لا يتحرك كالأراضي والمباني والأشجار. Legal dictionary
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تعويض
ما يلتزم به شخص تجاه شخص آخر بموجب القانون بسبب ضرر نجم عن تصرف الأول عمدًا كان أو خطئًا. Legal blog
UAE
Law on Drug Use & Rehabilitation in the UAE
An interview-format article covering the topic of drug use and rehabilitation in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW. Questions & Answers
UAE
A property bought in 2014 and has not been handed over yet. What to do?
Q: I purchased a property in 2014 and the developer has not handed over it yet. What can we do? Legal dictionary
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Intangible
Something that does not physically exist, such as an idea. In its legal context, the word is more often used to refer to an intangible asset or property, sometimes referred to as incorporeal property, such as copyright, trademarks or patents. Legal dictionary
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Intestacy
Refers to the estate of a person who has died owning property whose value is greater than the sum of the enforceable debts and funeral expenses without having made a valid Will. It may also apply where a valid Will has been made, but only applies to part of the estate with the part not covered by the Will becoming the intestate estate. Legal dictionary
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Perjury
The intentional act of swearing a false oath, whether spoken or in writing, concerning matters material to an official proceeding. Contrary to the popular misconception, no crime has occurred when the false statement is made under oath. Criminal culpability only attaches at the instant the false statement has a material outcome to the proceedings. For example, it is not perjury to lie under oath in court about your age, except where your age is material in influencing the outcome of the proceedings. Questions & Answers
UAE
The applicability of the recent cohabitation law on married couples
Q: My wife lives with an Emirati in Ras Al Khaimah. She claims that she can do that because of the recent cohabitation law in the UAE. Is her interpretation of cohabitation correct? Legal dictionary
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