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UAE

How to enforce a mutual divorce from a UAE court in India

Q: I got divorced in Dubai with mutual consent between me and my ex-wife in 2019. My ex-wife has now engaged a lawyer and is seeking to file a new divorce in India, since as per her lawyer the divorce decree granted by the Dubai court is not valid and binding as we were married in Mumbai, India. Hence the document doesn`t seem to be a valid document and I am legally married to her according to her lawyer. Additionally, since I recently got married again here, they are claiming that a criminal case can be filed since bigamy is not permitted in India. I was advised that a divorce by mutual consent from Dubai is valid and binding in India as well. Please advise.
Questions & Answers
UAE

The minimum age for being a company shareholder

Q: My son is 16 years old. Can I execute my trading company to him or make him a sponsor?
Questions & Answers
UAE

The procedures of closing a company loan in the UAE while being away

Q: I posted a question about closing a large business ($400.000) loan for our Florida start-up company to be manufacturing. We were told: "... partners who reside in countries with travel restrictions or medical conditions will be represented by the UAE central bank legalization officer who shall oversee the entire process in their absence in line with UAE COVID-19 safety measures. Furthermore, you the beneficiary is expected to take full responsibility for the legalization cost of all documentation to be used in this transaction at the Dubai magistrate court with the assistance of the UAE central bank official who shall represent you in the entire process of this transaction." The quoted fee was $6,800 to be paid in advance or at closing if we attend personally. Does this sound like a legitimate procedure for using an agent to sign loan documents? How can we conduct due diligence on this investment firm based in Kuwait to be sure we are dealing with the actual company? Thanks.
Legal blog
UAE

Coronavirus 101 for Businesses & Individuals in the UAE

An interview-format article covering the topic of COVID-19 in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
Questions & Answers
UAE

Requirements to check whether a case is filed against an ex-pat for credit card loans

Q: Hello, I am writing to your criminal case services. I was living and working in Dubai between 2013-2017. Unfortunately, I’ve incurred some debts which I wasn’t able to repay in full due to loss of employment. Debts: Credit Cards Loans. I would like to use your services in order to check if any cases have been open against me in the UAE. Could you please provide your fees and which documents you may need from me? Looking forward to hearing from you. Best regards,
Questions & Answers
Tunisia

تأثير اختلاف لقب أحد الإخوة الورثة على حصته في الإرث

س: هل يمكن أن يكون الاختلاف في اللقب بين الإخوة عائق عند توزيع الميراث؟ وهل من الضروري تغيير لقب الأخ الذي يختلف عن اللقب الأصلي للأب وبقية الإخوة قبل الشروع في القسمة؟
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UAE

Can I resign during the probation period and return to home country?

Q: Hi Ma`am, Good Morning. I am working in one LLC company in Dubai, I signed an unlimited contract in the month of Jan 2021. Now I am not satisfied with this company and salary also not proper so would like to resign and go back to my country. Will there be any consequences if I resign within 6 months. My VISA belongs to the employer and my passport is also with them. Kindly advise. Thanks
Questions & Answers
UAE

Resignation after 15 days of work in limited employment contracts

Q: I have just joined a company with a limited contract. I signed an MOL, but haven’t done the medical tests. I am currently working and it’s been 15 days. Can I resign during this period or not? What might be the problem that I could face? Will there be any ban?
Legal dictionary
All countries

Floating charge

Is a security interest over a fund of changing assets of a company or a limited liability partnership (LLP) which ‘floats’ or ‘hovers’ until the point at which it is converted into a fixed charge, at which point the charge attaches to a specific asset of the company or LLP. This conversion into a fixed charge is called crystallisation and can be triggered by a number of events, including non-payment or the commencement of insolvency proceedings.
Questions & Answers
UAE

تعنت المستأجر مع عدم دفع الإيجار أو تكاليف الخدمات

س: السلام عليكم أستاذنا الفاضل، مقيم بالإمارات ولدي مستأجر في الشقة ممتنع عن السداد منذ حوالي أكثر من سنة بسبب صعوبة السفر لمتابعة الموضوع. كل فترة يقوم بكتابة كمبيالة بالمبلغ المستحق عليه وإعطائها لابنتي. عندما طلبت منه إخلاء المأجور امتنع. عليه مستحقات عالية جراء استهلاك الكهرباء والماء. أبلغت شركة الكهرباء بفصل الخدمة عن الشقة إلا أنه لم يتم؛ فقمت بفصل الخدمة عنه. رفع شكوى ضد ابنتي. أُجبِرت على رد الخدمة. ملاحظة: العقد منتهي منذ شهر سبتمبر 2020 ومعي منه كمبيالات تأمين وكمبيالات بقيمة الإيجار وعليه قيمة إيجار غير مدفوع. يُرجى الإفادة!
Questions & Answers
UAE

Right of the employee to resign without notice in case of holding salaries

Q: Good morning. My sister joined a company 2 weeks before her visit visa expired. Her company delayed processing her visa until she got overstay fines. The company now suggested she pays for the fines before they issue her employment visa. She didn`t have money and requested for the overstay fine to be deducted from her salary because she wants to work. The company made her sign an agreement paper stating AED 6000 will be deducted from her salary as overstay fines. The company is deducting this cash monthly alongside a deduction because of COVID-19. But for two months now, they didn`t pay her salary. Every time she requested the salary, she is not given it. Now she stops working and wants to be paid before she starts working again. She is still in her probation period and wants to request termination because the company is not terminating her. Would she have any ban if she requested termination during this probation period or if the company decided to terminate her?
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Egypt

الانفصال عن زوج بسبب سجنه

س: السلام عليكم، زوجي مسجون وأريد الانفصال. ماذا أفعل؟ وما أسهل طريق لذلك؟
Questions & Answers
UAE

Is it legal to invest in a crowdfunding outside the UAE?

Q: Regarding investment in a UK-based crowdfunding platform from the UAE I am a UAE (Dubai) resident. Is it legal to invest in a startup that is based in Cayman Island and London through UK based crowdfunding platform (crowdcube.com) from the UAE? Looking for precious advice. Thank you!
Questions & Answers
UAE

Is it necessary to get the NDAs attested by Notary Public?

Q: Hello, My company is developing a real estate project and we are signing NDAs with many vendors and potential clients. I wanted to ask if it is necessary to get the NDAs attested by Notary Public. In case there is a conflict and the case goes to court, can we present the NDA (which is not attested) to the court? Please advise on the same. Many thanks in advance!
Questions & Answers
UAE

The employer is not responsive regarding executing the court order

Q: Dear advocates, I, the plaintiff, won a legal case against my employer. I am the employee. The judgment date was Feb 7, 2021. I wrote an email to my employer 10 days before attaching the court order asking for payment as per the court order, but there is no response from the employer to date. Can you advise me regarding further actions to be taken by me to get the money from my employer as per the court order? Also please advise about the overstay fines if any, as my visa expired well before the judgment date. As I am jobless for more than 10 months now, I am suffering much, and I want to go back to my home country at the earliest after collecting the money from my employer. Kindly advise me about the possible remedies. Regards,
Questions & Answers
UAE

When do you consider a civil or criminal claim time-barred

Q: Reviewing this article and UAE FL 18 of 1993, Article 95 CTL states 10 years for commercial obligations between bank and person (trader): I would like to know if the statute of limitation (time-bar) can be brought up in court for defence if the verdict by the initial court is issued in 2010 (10+ years ago) and nothing has paid by the debtor after the execution of the verdict. Exp: If a case has a time table like below, can the defendant still use the law in relation to time-bars? - Case opened in the UAE initial commercial court: 2010 - Case reached a verdict in absentia (UAE commercial initial court): 2010 - Case is sent to Execution court and remained there ever since: 2012 If nothing has changed and no payment is made, am I right to assume that after 10 years (2021), this claim is time-barred and the defendant can use the statute of limitation as his defence with the debtor?