United Arab Emirates Legal Articles
Law related articles writen by lawyers
and experts witnesses practicing in United Arab Emirates
March 19, 2015 By Al Saedi & Ezz Arbitration and Law Firm
Keep an eye on your personal status in UAE.
March 15, 2015 By STA Law Firm
Agreeing with your spouse to reimburse him or after a shopping trip? A contract. Buying a plane ticket? A contract. Signing an offer letter from an employer who has offered you a job? A contract. A multi-page complex document laying out terms and conditions of a high value corporate deal? A contract.
February 18, 2015 By STA Law Firm
If I purchase an apartment in a communal building, what exactly do I own? Am I entitled to a section of the pool, corner of the gym and rights over a particular elevator? Or do I only have rights over anything within the boundaries of my specific plot?
February 17, 2015 By Motei & Associates, Attorneys at Law
Shedding light on the application of the UAE Personal Affairs (‘Sharia’) versus foreign laws. The case of a Hindu divorce granted by the Sharia Court in the UAE to the wife with full custody of the kids as well as alimony.
February 16, 2015 By Motei & Associates, Attorneys at Law
The basics of buying freehold property in Abu Dhabi are the same as anywhere else in the United Arab Emirates. However, unlike Dubai, Abu Dhabi does not till date have specific laws/regulations regulating sale and purchase of real estate by foreigners (i.e. off plan sale, real estate brokers and agents, escrow accounts, jointly owned property (Strata Law), etc). Such being the case one needs to be even more careful and exercise greater due diligence while purchasing property in Abu Dhabi.
February 12, 2015 By Motei & Associates, Attorneys at Law
The endless opportunities that Dubai is bringing back to its real estate sector and the influx of new people relocating to Dubai have substantially increased the Dubai property demand. The basics of buying a property in Dubai are the same as anywhere else in the world: “One needs to be very careful in closing a property deal”.
January 27, 2015 By Al Rowaad Advocates & Legal Consultancy
Fraud is defined as taking or gaining from another, property, money, vouchers or anything of value by deception or lying or trickery which is supported by verbal means or written documents, causing the victim to rely on the same to willingly handover or something of value from himself to the person committing the fraud.
December 20, 2014 By STA Law Firm
Setting up a business in a new jurisdiction often calls for deciding on legal structure of entity to be incorporated. Investors may consider setting up a sole proprietorship, a limited liability partnership, joint-venture from of business or operate as co-operative society. There is no yardstick in choosing the entity type - a lot depends on careful planning, understanding governance norms, exit strategy & more. The best choice isn't always obvious or readily available.
December 1, 2014 By Al Rowaad Advocates & Legal Consultancy
Employees are eligible for Gratuity at the end of completing a full years of service. This gratuity is calculated as 21 days of salary. Salary in this case excludes any allowances for housing or car etc and considers the basic salary of the employee.
November 25, 2014 By STA Law Firm
Should I not hear, as I lie down in dust, the horns of glory blowing above my burial? Contrad Aiken
November 25, 2014 By STA Law Firm
The present article discusses cancelled real estate projects in Dubai and provides regulatory update on new law governing cancelled and stalled construction projects in Dubai, United Arab Emirates.
November 10, 2014 By Al Rowaad Advocates & Legal Consultancy
The economic boom in UAE has resulted in huge developments and a considerable increase in trade. This in turn has led to a rise in transactions which require a fast debt recovery mechanism.
November 2, 2014 By Al Rowaad Advocates & Legal Consultancy
Strong relationships with customers remain the key to successful contractual lending and borrowing arrangements in the UAE. However, lending on the strength of relationship (or name) alone is not economically viable or justified.
October 22, 2014 By Al Rowaad Advocates & Legal Consultancy
Five points you should know about breach of trust before you accuse somebody
October 22, 2014 By Al Rowaad Advocates & Legal Consultancy
In both evaluations – winning and execution evaluations- there must be a good channel of coordination between the plaintiff, which is the client, and his lawyer.
October 16, 2014 By STA Law Firm
Understanding the legal implications of maritime collisions under Dubai, Abu Dhabi and broadly under the law of United Arab Emirates.
October 16, 2014 By STA Law Firm
All change is not growth, as all movement is not forward (Ellen Glasgow). The term ‘change’ in simplest form means going from one state to a new state. Although the word ‘change’ is broad enough to connote positive as well as negative change, the likelihood of ‘change’ unfolding positive or welcoming outcome cannot always be pre-determined. A well-conceived and planned change could however result in positive if everything related with the plan goes right.
October 8, 2014 By Al Safar & Partners
Literal meaning of severance or gratuity is a favor or gift, usually in the form of money, given in return for service. In other words a sum of money offered to certain service sector workers for a service they performed or anticipated.
September 10, 2014 By Al Rowaad Advocates & Legal Consultancy
Being involved in a road traffic accident can leave you with anything from whiplash and bruising to serious head and spinal injuries. If you are uncomfortable enough to be involved in a horrific road accident, which was not your fault, then you may be entitled for a personal injury compensation claim.
September 6, 2014 By STA Law Firm
Feeling blue or are you seeing red because you are turning green with jealousy at the neighbor’s new car? Colors are not only used to describe the emotions we feel, but they are imperative in our world. Universally red means ‘stop’ and green means ‘go’ and traffic lights across the world send this message. It should come as no surprise that colors hold a great importance and are increasingly used as trademarks (color marks) in the marketplace.
August 28, 2014 By Al Rowaad Advocates & Legal Consultancy
Where the proposal has already been sent by the requesting party, Interpol will arrest the suspect and produce him to the Public Prosecution within 48 hours of his arrest. After the arrest, investigations are begun, the suspect’s accusation is heard, and a normal trial procedure is started.
Procedures of the UAE to deliver a suspect of Extradition.
Terms and conditions to be applied when delivering a suspect are set out in Article 7 of Law No. 39 these state that:
The head Interpol officer is elected by a two/third majority of the delegate. Each country has their own delegates in its country, the head Interpol officer is based in Lyon, France, he can remain in office for a period of 4 years, and can also be re-elected.
July 12, 2014 By STA Law Firm
“The malpractice is an error occurs due to the unfamiliarity of a practitioner with the technical aspects which each practitioner is assumed to be familiar with, due to negligence or paying insufficient efforts”.
Whether you have just recently joined or have been working for your employer for a while, it is important that you understand a few important matters relating to your work place, your rights and obligations to information you receive, use and share.
The UAE Competition law published in October 2012 and aims at regulating business and trading entities operating within the United Arab Emirates. The Competition law safeguards rights and interests of consumers at large and also aims at maintaining market sentiments.
The near collapse of major financial markets around the world in 2008; has clearly left a lasting legacy on many. Questions have been raised in past as to what led ot the crisis, people who were instrumental in driving the downturn
In a limited liability company, the manger can be appointed in the company’s memorandum of association or in a separate agreement. His appointment can be for a limited period or an unlimited period.
The payment of the cheque (check in American English) should not be conditional. Whereas, if the payment of the cheque was related to some conditions, and those conditions were not fulfilled, the cheque will still remain due on its date
Cheque (Check in American English) is a replacement for money. It is one of the most common methods to execute payments especially in commercial transactions. Since a cheque is meant to replace money, people must have trust in it. Therefore the UAE penal law levied a punishment against anyone issuing insufficient funds its due date. Such a crime is known as the bounce cheque crime.
Theft occurs when immovable property is involuntarily handed over to another person and he, knowingly retains it. As for all crimes, it needs the presence of mens rea and actus rea.
Extradition can be requested by anyone residing in the UAE who has a criminal case against a suspect and the crime was committed in the UAE. Such suspects can be extradited from another country, back to the legal jurisdiction of the UAE.
The United Arab Emirates is regarded as a commercial hub of Middle East, which facilitates in the practice of commercial activities in a lucrative and tax free environment. The legal system endeavors to protect producers and consumers from Trademarks infringement.
There is a misconception between people that registering a trademark grants the party a right of ownership. Technically this may be true but it is not the registration that grants an ownership over a trademark, but the use of the trademark.
Trademark has a major value for any business, and one of the primary concerns of any well established or successful business man. Therefore at the beginning we must clarify what a Trademark is, its importance, and how the law protects its owner, and the legal procedures to register a trademark.
Theft carries a punishment of imprisonment from 6 months up to 3 years or a fine. Attempted theft, which is also a crime, carries the punishment from 3 months up to 18 months or a fine.
Theft under the UAE laws is a crime and is regulated by Federal Law No. 3 for the year 1987 on passing Penal code.
In the UAE, because of the lack of a comprehensive set of laws for the provision of cloud computing services, the relationship between the parties is largely governed by general laws and trust
The Islamic financial system refers to financial market transactions, processes and services that conform to Islamic laws and codes of practices.
A series of federal and local laws were developed with the purpose of regulating relations and ensuring the stability of transactions and the safety of society.
In relation to Family law, the only use of mediation is through the Family Guidance Committee, the commencement of most family cases must be referred here. The committee is made up of a number of counselors with mediation/ counseling training.
Post divorce, if the custodian of the child is other than the child’s mother, he or she must obtain the written agreement from the guardian before taking the child out of the UAE. If such permission is withheld by the guardian, the custodian may obtain permission for the child’s travel from a judge (Article 149 Personal Status Law).
Parents do not share equal parental responsibility for the child. Following a divorce, the mother will become the ‘custodian’ of young children, and the father the ‘guardian’. The custodian is obligated to care for the child, meet the child’s day to day needs and have the child live within their home.
Under s.235 of the Civil Code, foreign orders may be enforced in the UAE by applying the laws of the foreign country within the local courts.
Under UAE laws, it is never possible for a husband to make income claims from a wife, even if he holds custody of the children.
The author present a research about healthcare, medicare, medicaid, insurance, abuse, fraud, middle east forum 2013 Abu Dhabi UAE motives, scam means.
The purpose of the Family Guidance Committee is to try and reconcile the parties before separating them under Article 98 of the Personal Status Law. The family guidance counselors are not legally trained, but have experience in mediation and counseling.
In certain circumstances even a validly attested marriage certificate would not be sufficient to allow a marriage to be recognized in the UAE.
Muslim couples (Emirati and expatriate) enter into a marriage contract (Nikah’) if they conduct an Islamic marriage in a Muslim jurisdiction or elsewhere.