whether under Islamic Sharia or according to the personal status laws applicable to non-Muslims. Consulting a lawyer who specializes in inheritance cases is extremely important to protect rights and ensure a fair and legal distribution of estates.

At Samaha Law Firm and Legal Consultancy, we have extensive experience in handling inheritance cases, estate liquidation, asset distribution, and resolving financial disputes among heirs. We also provide support in managing financial matters related to inheritance and wills.

When Do You Need a Specialized Inheritance Lawyer?

It is advisable to consult an inheritance lawyer in the following situations:

• When a family member passes away and leaves assets within the country.
• If a dispute arises among heirs during the distribution process.
• When one of the heirs wishes to legally liquidate the estate.
• If there is a will or assets in more than one country.
• To protect the rights of minors or heirs who are unable to represent themselves.

What Does an Inheritance Lawyer Do?

A specialized inheritance lawyer handles several tasks, including:

• Filing estate division lawsuits in court.
• Submitting applications for legal or non-legal inheritance declarations.
• Preparing estate distribution statements.
• Resolving financial disputes among heirs.
• Ensuring that wills are executed legally.
• Managing assets until the estate is fully settled.

Wills and Inheritance for Non-Muslims

UAE law allows non-Muslim individuals to register wills that are implemented according to the law of the deceased’s home country. We assist in drafting and officially registering such wills and represent heirs in case of disputes or enforcement requests.

Dealing with Financial and Real Estate Assets

Estates often include (money, bank accounts, real estate, vehicles, and commercial property). A specialized inheritance lawyer ensures accurate asset identification and evaluates financial rights and obligations to guarantee a fair and lawful distribution.

How Are Disputes Between Heirs Resolved?

Inheritance conflicts are among the most sensitive legal issues. We start by attempting amicable settlement, and if no agreement is reached, we proceed with litigation with high expertise. We have a strong track record in representing heirs and defending their rights, especially in cases involving fraud, forgery, or the exploitation of elderly individuals.

Wills and Debts of the Deceased

Some estates may include debts or financial obligations. We review the deceased’s legal liabilities and determine the repayment priorities before distributing the inheritance. We also oversee the lawful execution of wills within the legal framework.

The legal profession system in the United Arab Emirates is considered one of the most organized and disciplined legal systems in the region. It outlines the conditions for practicing law, work ethics, the relationship between lawyer and client, and the regulatory bodies responsible for overseeing the profession.

At Samaha Law Firm and Legal Consultancy, we adhere to all the legal and ethical standards stipulated by the system and take pride in being an essential part of this distinguished legal framework.

Who oversees the legal profession system in the UAE?

The UAE Ministry of Justice supervises the registration of lawyers and the regulation of their work at the federal level. Meanwhile, some emirates, such as Dubai and Abu Dhabi, have their own regulatory authorities, such as the Judicial Department or local Bar Associations.

Licensing Conditions to Practice Law

The legal profession system sets out several conditions that must be met to practice the profession, including:

• Obtaining a bachelor’s degree in law from an internationally recognized university.
• Completing a legal training period of no less than one year.
• Having a good reputation with no criminal record.
• Passing the registration exam by the Bar Association or the Ministry.

Lawyer Classification in the UAE

Lawyers are classified into different levels based on their experience. These levels include:

• Trainee Lawyer
• Lawyer registered before the Courts of First Instance
• Lawyer registered before the Courts of Appeal
• Lawyer registered before the Court of Cassation (Supreme Court)

Legal Duties of a Lawyer

According to the legal system, a lawyer is obligated to uphold a number of essential duties, the most important of which are:

• Maintaining client confidentiality
• Avoiding conflicts of interest
• Refraining from lying or diverting the court from the core of the case
• Upholding justice and respecting the authority of the judiciary

Disciplinary Violations and Penalties

The system also includes clear provisions for disciplining lawyers who violate the rules. These penalties include:

• A warning
• A fine
• Temporary suspension from practicing the profession
• Removal from the list of registered lawyers

These penalties are enforced by a specialized disciplinary committee after an investigation and a hearing of the lawyer’s statements.

The Difference Between a Lawyer and a Legal Consultant

A legal consultant provides legal opinions but is not allowed to represent clients in court unless he or she is officially registered as a lawyer. This emphasizes the importance of full compliance with the legal profession system to obtain an officially recognized license.

Can Foreigners Practice Law in the UAE?

Lawyers from other countries can work in the legal field as consultants, but they are not permitted to appear in court. Only UAE citizens who are officially registered can do so, with some exceptions in licensed entities within free zones.

How to Choose a Law Firm Committed to the System?

To choose the right law firm for you, ensure that the firm:

• Holds an official license from the judicial authorities
• Employs lawyers with a high level of expertise
• Adheres to professional ethics and regulations

Choosing a licensed and trusted law firm is the first step toward protecting your rights and making sound legal decisions. Given the complexity of the legal systems and the abundance of legislation in the UAE, individuals and businesses are in urgent need of a professional legal entity that combines local expertise with advanced knowledge of federal and local laws.

At Samaha Law Firm and Legal Consultancy, we provide fully licensed legal services authorized by official entities, covering various legal fields including civil, commercial, family, real estate, labor, and criminal cases.

Why should you choose a licensed law firm?

Working with an unlicensed office may result in the loss of all your rights. At Samaha Law Firm, we guarantee you:

• Lawyers licensed by the UAE Ministry of Justice

• High efficiency and extensive experience in federal and local courts

• Professionally prepared legal memorandums

• Official legal representation at all levels of litigation

• Complete privacy and confidentiality

Our Practice Areas

Our firm does not focus on a single service but instead covers all legal fields on a wide scale:

• Personal status cases (divorce, custody, alimony)

• Criminal cases (fraud, scams, bounced checks, cybercrimes)

• Labor consultations for companies and employees

• Corporate cases, including business setup and liquidation

• Commercial disputes, contracts, and franchises

• Arbitration and mediation for dispute resolution

Tailored Services for Individuals and Companies

We offer our legal services to:

• Individuals: To resolve personal conflicts or represent them in court

• Companies: To establish legal frameworks, review contracts, and protect intellectual property

• Investors: To assist in setting up businesses within the UAE or free zones

Periodic Legal Consultations

We provide periodic advisory plans for both institutions and individuals, offering continuous legal follow-up to avoid any violations or legal loopholes that may affect their business activities or personal stability.

A Multi-Experienced Legal Team

Our team consists of lawyers and legal specialists who speak multiple languages, hold official licenses, and have years of experience across various courts in the country. We ensure high-quality representation, fast response times, and ongoing support.

In legal matters, having a written legal consultation is not enough. You need a lawyer who can plead on your behalf before the court with the utmost skill and expertise.
Pleading is the art of defending rights and relies on a thorough and precise understanding of the law, as well as the ability to analyze, persuade, and strategize. For this reason, Samaha Law Firm and Legal Consultations offers you a select group of specialized attorneys with extensive experience in pleading before various levels of courts within the country.

What is the difference between a Legal Consultant and a Litigating Attorney?

While a legal consultant provides legal opinions and prepares memoranda, a litigating attorney represents the client in court, attends all sessions, presents the defense, and confronts the opponent. This role requires a special license in addition to high-level personal and legal skills.

When do you need a Litigating Attorney?

You will need a litigating attorney in the following situations:

• Filing a lawsuit before the court
• Defending a criminal, civil, or commercial case
• Appealing a ruling from the court of first instance
• Pleading before the court of appeal or cassation
• Representing you in family or labor courts

Pleading in Criminal Cases

If you are involved in a criminal case, having a litigator present in criminal court can make a significant difference in the outcome. We provide a well-prepared defense that leverages legal loopholes, evidence analysis, and judicial precedents.

Pleading in Civil and Commercial Cases

Whether your case involves financial claims, real estate disputes, or breach of contract, we represent you professionally and with dedication in civil court. We prepare the lawsuit, follow up on all procedures, and represent you before the judge at every stage of the case.

Litigating Attorney in Personal Status Cases

We provide you with a litigator to represent you in cases such as divorce, custody, alimony, visitation rights, and khula (judicial separation). We also pay close attention to the sensitive nature of these cases and work to protect your family rights with transparency and respect for privacy.

Expertise at All Levels of Litigation

We represent clients before courts of first instance, courts of appeal, and courts of cassation. We operate across all Emirates and effectively handle electronic court systems. Our team is distinguished by its ability to keep up with legal amendments and utilize the latest tools and technologies to ensure continued legal follow-up.

Preparing for Litigation: How Do We Prepare?

We thoroughly review all documents, identify legal loopholes, draft memoranda, and prepare potential responses to the opponent’s arguments. Court sessions are not merely formal appearances — they are strategic situations that require meticulous preparation.

When a patient suffers harm due to a medical error committed in the UAE, they have the right to file a compensation lawsuit. The doctor responsible for the error is held accountable for violating professional duties, which may result in physical or moral damage. This type of lawsuit is processed under the framework of the civil liability of the physician or hospital. The claimant seeks to recover their rights through lawful compensation based on the legal regulations enforced by the UAE Medical Liability Law.

This article focuses on the legal conditions and procedures for such lawsuits and the critical role of a lawyer in strengthening the case.

Conditions for Filing a Medical Malpractice Compensation Lawsuit in the UAE

It is not sufficient for the patient to merely claim that a medical error occurred in order to file a lawsuit. Specific legal conditions must be met according to the Federal Law No. 4 of 2016 on Medical Liability. Meeting these conditions is essential to establish the civil liability of the physician or healthcare provider.

The required conditions include:

1. Occurrence of a Medical Error or Unlawful Conduct:

   The harmful act must originate from the practitioner directly or from an employee acting under their knowledge and supervision. The act should contradict recognized scientific principles or professional standards in medical practice.

2. Harm Caused to the Patient:

   It must be proven that the patient suffered damage—either physical or moral—directly resulting from the wrongful practice or the physician’s failure to fulfill their professional duty.

3. Causal Link Between the Error and the Harm:

   There must be clear evidence that the harm was caused directly by the medical error and would not have occurred otherwise.

4. Report from the Competent Medical Committee:

   A report from the Higher Medical Committee for Legal Medical Responsibility must confirm whether a medical error occurred and assess its connection to the damage.

5. Article 18 of Federal Law No. 4 of 2016:

   It stipulates that no compensation lawsuit for medical error can be filed before the case is reviewed by the specialized medical committee, which must issue a technical report establishing the error and its consequences.

Procedures for Filing a Medical Malpractice Compensation Lawsuit

A person harmed by Medical Malpractice cannot immediately request compensation through the courts without following the necessary steps outlined in Federal Law No. 4 of 2016. These steps include:

1. Submitting a Complaint:

   The complaint should be submitted to the relevant health authority in the emirate where the incident occurred (e.g., Department of Health or Health Authority).

2. Referral to the Higher Medical Liability Committee:

   The complaint is then referred to the Higher Medical Liability Committee or the competent technical committee, which reviews the case and issues an official medical report on whether a medical error occurred and its link to the damage.

3. Receiving the Technical Medical Report:

   This report is a prerequisite for the court to consider the lawsuit and must be submitted along with the necessary legal documents.

4. Filing the Lawsuit in the Civil Court:

   The claim is then filed before the competent civil court, including requests for compensation, evidence, and supporting arguments.

5. Litigation Process:

   This includes court sessions, exchange of legal memos, and issuance of a final judgment based on facts and expert reports.

The Lawyer’s Role in Filing a Medical Malpractice Compensation Lawsuit

Filing a compensation claim for Medical Malpractice is a highly sensitive and complex process due to the technical evidence and legal proceedings involved. Therefore, hiring a Medical Malpractice lawyer in the UAE is crucial. The lawyer plays a significant role in offering legal consultation online and performing the following tasks:

1. Analyzing the Incident:

   Assessing whether a medical error occurred based on the criteria outlined in Federal Law No. 4 of 2016.

2. Estimating Appropriate Compensation:

   Evaluating the appropriate compensation amount based on the extent of physical or moral damage and preparing the claim without exaggeration or understatement.

3. Coordinating with Experts:

   Collaborating with medical experts to support the case with professional opinions or challenge the committee’s report if it’s in the client’s interest.

4. Drafting and Submitting the Complaint:

   Preparing the medical complaint and submitting it to the appropriate health authority, then following up on the referral to the medical liability committee.

5. Reviewing the Technical Report:

   Evaluating the validity and strength of the committee’s report as a legal foundation for the lawsuit.

6. Filing the Lawsuit:

   Initiating the Medical Malpractice lawsuit in accordance with the UAE Civil Procedure Law and submitting the required documents and reports.

7. Legal Representation in Court:

   Representing the harmed party in court, submitting legal memoranda and defenses, and following up with sessions until the final compensation judgment is issued.

   conclusion

   In conclusion, this article has outlined the conditions and procedures for filing a Medical Malpractice compensation lawsuit in the UAE. We also discussed the crucial role of a lawyer in managing such cases. Therefore, it is advisable to hire a lawyer through Samaha Law Office to avoid the complexities and challenges of pursuing a Medical Malpractice claim in the UAE.

In the United Arab Emirates, a claim to annul a sale contract due to fraud or deception is a legal means of protecting parties harmed by contracts concluded through unlawful means, such as the use of deception, misrepresentation, or lying during the conclusion of the contract. The UAE Civil Code provides protection to the aggrieved party by allowing the opportunity to file a claim to annul the contract upon proof of fraud or deception.

The UAE has established strict laws regarding sales contracts to prevent their invalidity. One of the reasons for invalidity is the use of fraud and deception to complete the sale. How can a lawsuit be filed to invalidate a sales contract due to fraud and deception in the UAE, and what are the requirements? This is what we will learn in today’s article.

Conditions for filing a lawsuit to invalidate a contract due to fraud and deception

To file a lawsuit to invalidate a sales contract due to fraud and deception, the following conditions must be met:

Existence of a sales contract: There must be a legal and notarized sales contract between the two parties.

Proof of fraud or deception: The injured party must prove that the other party committed fraudulent acts with the intent to deceive.

Examples of fraud:

• Hiding defects in the sale.
• Providing false or misleading information about the product or property.
• Hiding essential information that influences the purchase decision.

Legal proof: The injured party must provide legal evidence proving the fraud or deception (such as witnesses, documents, or expert reports).

    Damage: It must be proven that the injured party has suffered actual damage as a result of such fraud or deception.

Timeframe: The lawsuit must be filed within 3 years of discovering the fraud or deception (according to Article 480 of the UAE Civil Code).

Conditions for a lawsuit to invalidate a sales contract due to fraud and deception in the UAE

The conditions for filing a lawsuit to invalidate a sales contract due to fraud and deception are similar to the conditions for filing a civil lawsuit in many points. We mention the following conditions for filing a lawsuit to invalidate a sales contract:

Condition of the attribute: That is, the lawsuit must be filed by the contracting party who was the victim of fraud, or his legal representative, because if it is filed by someone other than the right holder, the lawsuit will be rejected for lack of standing.

Interest condition: If the fraud is simple and does not harm the contractor who was subjected to the fraud, it leads to the claim being rejected.

Eligibility requirement: The person who has been defrauded must have the legal capacity to file a lawsuit. If the person is a minor or under guardianship, the lawsuit must be filed by his guardian, agent, or trustee.

Method of proof: Fraud must be proven using all available means of proof, including written and digital evidence, witness statements, and the defendant’s admission of the validity of the claim.

Preparing the summons: Including all required data and papers related to the contract that is the subject of the lawsuit.

The seriousness of the fraud: The fraud in the contract must be of a degree of seriousness, meaning that were it not for this fraud or deception, the contract would not have been concluded.

A lawsuit to invalidate a sales contract due to fraud and deception in the UAE

File a lawsuit to terminate the contract due to fraud and deception

If the dispute surrounding the contract cannot be resolved amicably, the aggrieved party may resort to the courts to recover their rights by filing a lawsuit to invalidate the sale contract on the grounds of fraud and deception in the UAE. They must follow a number of steps, including:

• Writing the lawsuit in accordance with the Civil Procedure Code.
• The claim must include the name of the court to which the lawsuit is being filed, information about the plaintiff and defendant, a statement of the subject of the lawsuit, an explanation of the facts of the lawsuit, and the submission of the requests at the end of the claim, and finally the signature of the plaintiff or his legal representative.
• Attach this document to the necessary legal documents proving the fraud and deception, such as the concluded sales contract and other documents proving the negotiations that took place prior to the contract date.
• Filing the lawsuit with the competent court and paying the fees related to this lawsuit. If the lawsuit is filed with an incompetent court, the lawsuit will be dismissed for lack of jurisdiction.
• After completing the documents and fees, the case is registered in the court records and a date for the first session is given.
• The defendant shall be notified of the hearing date and shall have the right to present his defense by submitting a memorandum in which he presents the legal arguments in his possession before the date set for the first hearing.
• The plaintiff must follow the progress of the case and attend the sessions, otherwise the court will decide to dismiss the case unless the defendant requests to continue the case due to his submission of requests or the case is ready for resolution.
• After the parties to the lawsuit present all defenses and prove the validity of the claim with all means of evidence, the court issues its decision.

The form of a lawsuit to invalidate a sales contract due to fraud and deception in the UAE is as follows:

To the Honorable Civil Court in…………

Plaintiff: …….. holds ID card No. ……… residing in ………. His representative is Attorney ……… pursuant to Legal Agency No. ………. issued by ……….

Defendant: ………… holds ID card number ……….. residing in ……….

Subject of the lawsuit: A lawsuit to invalidate the sales contract and request its cancellation.

Facts of the case

On the date of ………. the sale contract for property No. …….. located in the district of………… was signed between the plaintiff………… and the defendant…………. When the plaintiff completed the procedures for transferring the property to its ownership in the legal records, it was discovered that the property was owned by someone else and that the seller had deceived the buyer with incorrect documents and descriptions.

Given that Article 490 of the Civil Transactions Law stipulates that the item sold must be known to the buyer in a manner that negates gross ignorance, based on the foregoing, we submit the following request to your esteemed court:

Register the case in the basic registry.

The ruling invalidates the contract concluded between ……….. and ………. based on the reasons and documents mentioned.

Obligating the defendant to return the full amount.

A ruling on appropriate compensation as determined by your court based on the harm suffered by my client.

Obligating the defendant to pay fees, expenses and attorneys’ fees.

Attorney-at-Law Date: –/–/–

• conclusion

A lawsuit to invalidate a sales contract due to fraud and deception in the UAE is an effective legal tool for protecting the rights of affected parties. With strong evidence and appropriate legal representation, rights can be restored and justice served.

What is meant by bank debt in the UAE?

Religion It is a sum of money owed by one person, called the debtor, to another, called the creditor. In economics, debt can be money, goods, or services. Commercial debt is a contractual agreement that includes principles and fundamentals such as the amount and timing of repayment, and can include restrictions, bonds, mortgages, and other examples.

When someone is indebted to someone else, it means that they owe them something. The term debt is used figuratively to refer to a favor done; for example, when someone helps someone else, it is said, “So-and-so owes me a debt.”

Sometimes, businesses or individuals resort to borrowing or taking out debt to complete their financial transactions. A debt is contracted when a creditor agrees to lend a debtor a sum of money, with an agreement to repay the money at a specified time with interest on the principal amount.

How does the Central Bank of the UAE classify types of loans?

The Central Bank of the United Arab Emirates has established regulations for classifying financial transactions and loans, which are divided as follows:

– Regular loans

– Monitored loans

– Substandard loans

– Doubtful loans

– Non-performing loans

For the classification of these lists by the Central Bank of the UAE, the concepts of some classified loans are as follows:

Those classified as “regular loans” are low-risk loans.

Classified as “below average”, it may result in risks and losses due to the inability to repay it.

Those classified as “doubtful” pose higher risks and are less likely to be fully repaid.

When it comes to repaying bank debts in the UAE, there are three methods used to organize the repayment process, as follows:

The final amount must be available and payable in full upon recovery of the debt.

The entire loan is due during the loan term and is withdrawn from the principal balance.

Deduct the amount you paid during the loan term from the total amount, provided that the remaining amount is paid upon request.

What is meant by bank debt settlement in the UAE?

Debt relief means restructuring expenditures, granting a discount at a specific price, postponing and extending the repayment period for a certain period, or even partial or full debt forgiveness.

How to settle bank debts

Banks offer special promotions to settle bad bank debts for individuals in the UAE, prioritizing these offers for credit card and personal loan settlements.

The offers include discounts of up to 60% if the remaining debt is paid promptly. Installment payments can be deferred using payments spread out over three or four months if the borrower is unemployed. The interest rate can also be reduced to zero without any interest charges, depending on the new cash flow.

All banks in the UAE settle bad debts on a case-by-case basis, depending on the severity of the default or default. In addition, some banks offer special offers to encourage debtors to repay their debts.

What are the payment procedures followed in debt collection in the UAE?

Some of the legal procedures that must be followed to collect bank debts in the UAE are as follows:

If a debtor fails to repay their debt to the bank, the bank sends several notices before issuing a final notice and before taking any legal action. The bank may file a lawsuit to demand that the debtor fulfill its obligations. However, banks often resort to using security instruments such as mortgages, where the property is sold to repay the loan. If the check is bounced, legal action is taken, exposing the debtor to punitive measures.

The bank may sue the debtor or bankrupt person after the expiry of the grace period granted to them, which typically ranges from a maximum of 60 to 90 days to repay their debts. The grace period begins on the due date and is extended by 30 days if the debtor fails to pay, as stipulated by law.

What are the types of facilities provided by banks?

Credit cards

Financing Real estate

Loans character

Business needs finance

Cars finance

Banks usually do not resort to taking any legal action and work to avoid it as much as possible, leaving the matter as a last resort in the event that friendly attempts fail. In addition, the bank has the right to pursue the defaulting debtor who stopped paying before the period specified by the Central Bank, estimated at 90 days.

What is meant by debt collection?

Collection Debts and the procedures undertaken by the debtor in order to follow up on the payment and collection of debts owed by individuals and companies. Specialized debt collection agencies act as agents for creditors in order to collect their debts, but for a fee, a percentage, or all of it, according to what is agreed upon.

What is meant by bank debt collector in the UAE?

A debt collector is someone who collects and monitors debts for companies dealing with numerous indebted clients. A debt collector possesses a wide range of skills acquired through the collection process, and as a professional, debt collector contributes to improving the company’s budget and increasing profits. Failure to collect the amounts owed from debtors can almost certainly lead to the company’s bankruptcy.

What are the duties of a debt collector?

The tasks performed by bank debt collectors in the UAE at Samaha Law Firm and Legal Consultancy:

Verify From the required amount

Equip all documents and papers of clients, while maintaining their validity and complete confidentiality.

Review all paperwork and consideration of purchase and contract matters

Provide all the needs that the customer is looking for and gaining the customer’s trust

Write a contract with the debtor the amount to be paid, whether by bank check or promissory note

Set time to pay off debts

Commitment Collecting scheduled amounts

Presentation reports to superiors on his work progress

How are overdue bank debts settled in the UAE?

A committee in the United Arab Emirates works on bank settlement procedures with creditor agencies and banks in accordance with established procedures.

The President of the United Arab Emirates, Sheikh Khalifa bin Zayed Al Nahyan, launched an initiative aimed at reducing personal loans that burden low-income citizens. The fund has already begun addressing the situation of citizens who are unable to repay their loans.

Members The committee includes representatives from the Ministry of Presidential Affairs, the Abu Dhabi Crown Prince’s Court, the Abu Dhabi Department of Finance, and the Central Bank. Debtors with distressed debts must complete settlement procedures with their banks and creditors.

Obtaining Fund facilities to settle bad debts:

– The applicant must be a citizen of the United Arab Emirates.

– He must be on top of his job.

– Have a salary or fixed income, including retirees.

In addition, we are fully prepared to provide all legal consultations regarding bank debts in the UAE, completely free of charge. You can now request a consultation or present your case by contacting us via the numbers: +971544447773 or through our Facebook: Samaha group for Law and Legal Consultations .

In the UAE, a claim of fraud in a real estate sale is a legal action taken when one party claims that the real estate contract they signed contains gross fraud or exploitation, meaning that one party has been significantly wronged as a result of the terms of the contract or the sale price compared to the actual market value of the property.

It is a civil lawsuit aimed at protecting a party who has been subjected to gross injustice or clear exploitation during the conclusion of a sales contract. UAE law focuses on achieving justice between parties and preventing exploitation, particularly in real estate contracts, given their significant importance and high financial value.

Fraudulent real estate sales cases are among the most serious in the UAE. To learn about the terms and procedures for filing a fraudulent real estate sales lawsuit in the UAE, read on in the following article, which explains this.

Conditions for a claim of fraud in the sale of real estate in the UAE

Conditions for filing a lawsuit for fraud in the sale of real estate and The required conditions must be met according to the provisions of the UAE Civil Transactions Law and Civil Procedure Law, which are as follows:

Condition of qualification in the lawsuit: That is, the lawsuit must be filed by a person with legal standing, namely the person who was wronged in the property sale contract, or the lawsuit must be filed by his legal representative.

Condition of eligibility in the lawsuit: That is, the lawsuit must be filed by a person qualified to file it. It may not be filed by a minor or an insane person, nor may it be filed by a legal person, whether a company or an institution. Rather, the lawsuit must be continued by the attorney in this case.

The condition of interest in the lawsuit: The interest condition is evident in the lawsuit when the plaintiff is subjected to gross injustice that causes him harm and gives him the right to demand the annulment of the contract or compensation.

It stressed that there must be deception by the aggrieved party against the aggrieved party, including the use of actual or verbal fraudulent means that induce the other contracting party to agree to conclude the contract.andThe plaintiff must prove his claim and that he was a victim of gross injustice, based on the legal provisions contained in the UAE Civil Transactions Law.

• The request for termination must be made during the life of the contracting party.
• The contracted item has not been disposed of.

The lawsuit must be filed by means of a statement of claim containing the main data in accordance with the provisions of the UAE Civil Procedure Law.

Fraud claim in the sale of real estate in the UAE ,Procedures for a lawsuit for fraud in the sale of real estate

The plaintiff can file a lawsuit to invalidate a sale contract due to fraud by following these steps:

• Determining the competent court to consider a claim of fraudulent sale of real estate: It is the court within whose jurisdiction the disputed property is located.
• Preparing the claim form including the main data: The most important of these are the defendant’s information, the subject and facts of the lawsuit, the plaintiff’s requests, the documents and supporting evidence in the lawsuit, and finally the signature of the plaintiff or his legal representative and the date of writing the lawsuit.
• Attach all necessary evidence to the lawsuit: The most important of these is the sales contract concluded between the seller and buyer regarding the property, and the inclusion of a statement estimating the prices of real estate in the area, which demonstrates the existence of gross fraud.
• Submit the claim form with all evidence to the competent court administration: Which ensures that all necessary data is completed in the lawsuit, and in the event that it is not completed, it returns the newspaper with the completed data.
• After accepting the claim, the competent court administration registers it and gives it a paper number and an electronic number.
• The plaintiff pays the fees due for the lawsuit: The court administration notifies the defendant of the lawsuit.
• The plaintiff must submit his defenses three days before the date of the first hearing.
• The plaintiff must attend the trial sessions, otherwise the case will be dismissed..
• The defendant must also be present to avoid a judgment being issued against him in absentia without him presenting his defenses.

After the court is fully convinced of the necessity of issuing a ruling, it issues its ruling, which is subject to appeal.

Exceptions to the claim of fraud

• If the affected party has clearly agreed to the price and has knowledge of the market value.
• If the injustice is not excessive and significantly affects contractual justice.
• If the contract includes an express clause that there is no objection to the price.

The importance of hiring a lawyer

Because fraud cases in real estate sales can be complex and require legal expertise in interpreting contracts and proving damages, it is always recommended to seek the assistance of a qualified attorney to ensure the best possible presentation of the case.

conclusion

The fraud claim in the UAE is a legal tool to protect parties from exploitation in real estate contracts. However, the chances of success depend on the evidence presented, the legal procedures followed, and the circumstances of each individual case.

It is an agreement between two or more persons that creates a joint legal obligation. According to the UAE Civil Transactions Law (Federal Law No. 5 of 1985 and its amendments), Article 125 states that “a contract is an offer made by one of the parties to an agreement reached, specifying the obligations of each party to the other.” Additionally, Article 124 of the same law states that personal obligations and rights arise from laws, facts, and legal procedures.

Therefore, The UAE Civil Transactions Law is the legal basis for contractual relationships, which may be express or implied, formal or informal, granting contracting parties rights and obligations.

The sources of obligation are as follows:

The contract.

verbs and individual actions.

Harmful verb

Which verbs gives benefit.

the law.

In addition, Article (126) of the UAE Civil Transactions Law stipulates a number of reasons that may motivate persons to enter into a contractual relationship and stipulates that the subject of the contract may be as follows:

Real or movable, tangible or intangible.

Benefits Derived from ownership.

Certain or specific work.

Other laws do not prohibit or violate the country’s public order and good customs.

springs Contractual liability for breach of duty, therefore when a party to a contract breaches the terms of the contract concluded between the two parties, the injured party tends to demand compensation for the losses incurred as a result of the breach of contract.

It is important to know the damages that an injured party can claim due to breach of contract.

Under the UAE Civil Transactions Law, damages are primarily divided into two categories: damages arising from contractual liability and damages arising from tort. This article discusses contract damages under the UAE Civil Transactions Law.

What are contractual damages under the UAE Civil Transactions Law?

According to the UAE Civil Transactions Law, contractual damages are compensation for non-compliance or breach of contract, as well as compensation for losses caused by the contracting parties, and a judgment for compensation for the purpose of compensating the injured party.

The following are the most prominent types of damages associated with breach of contract:

• Damages Direct

According to the law of the United Arab Emirates, direct damages are damages that occur directly as a result of a breach of contract and are caused by the contracting parties when they entered into the contract before the breach occurred.

Meaning Another is the estimated losses for both parties in anticipation of any possible default, in which case the damage must occur directly as a result of the breach of contract.

Through the explanatory memorandum that clarifies all the provisions of the UAE Civil Transactions Law issued by the UAE Ministry of Justice, which states that “direct damages refer to damages resulting directly from and breach of the contract signed by both parties.”

In addition, Article 390 of the UAE Civil Transactions Law stipulates that:

The contracting parties may agree on the amount of compensation in the contract or subsequent agreement, taking into account all provisions of the law.

The contracting parties may agree on a specific amount for all damages that any contracting party may claim in the event of any breach of the terms of the contract by one of the parties.

How to Direct damage assessment?

The parties may determine the amount of compensation in advance in the manner agreed upon in the contract, in accordance with Section (390/2) of the UAE Civil Transactions Law.

Either party may also petition a judge to change this agreement so that compensation is equal to the damages. Therefore, the court can only exercise its authority upon the request of either party, as any agreement between the parties that prevents the parties from petitioning the court to change the agreement to pay compensation in the same amount is void.

In addition, direct damages constitute compensation to the contracting party for the loss resulting from non-performance of the contract and the anticipated breach of the contract at the time of concluding the contract.

What’s unique about the UAE is that the purpose of compensation is not to punish wrongdoers, but to rectify the wrongs committed against those affected. Therefore, damages are assessed based on the loss incurred by the injured party, not the damage itself.

Finally, according to Article No. (389) of the UAE Civil Transactions Law, if the law or contract does not stipulate the amount of compensation, the judge must estimate the amount of damages that must be granted to the injured party. In this case, the injured party has the right to request the judge to estimate the damages in an amount proportional to the damage that he suffered at the time of the violation.

• Damages Morale

The UAE Civil Transactions Law considers compensation for loss of profits and moral damages as compensation for damages and tortious liability.

Article 292 of the UAE Civil Transactions Law states the following:

Compensation must be assessed in proportion to the loss of income and damages suffered by the victim when it is a natural consequence of an act of harm.

Although loss of profits is classified as an approximate compensation under the UAE Civil Code, UAE courts have held that loss of profits can be awarded in the event of a breach of contract, and such damages can only be related to the breach of contract if the damage is identifiable and unforeseeable.

Although the law classifies moral damages as serious damages, UAE courts consider that claims can be made based on breach of contract.

How to Proof of contractual liability?

To determine contractual liability, there must be three main factors:

breach

relationship causality

damage Fixed

Therefore, There must be a breach of the terms of the contract by one party to cause harm to the other party, as the harm caused to the other party must be a result of that breach.

The damage must have occurred and the actions of the obligated party must have caused the damage to the injured party. There must also be a causal relationship between the breach, the obligated party, and the losses suffered by the injured party in order for the burden of proof to fall on the party asserting the existence of the breach and the loss resulting from the breach.

It should be noted that the elements of compensation under the Civil Transactions Law in the United Arab Emirates are as follows:

The compensation clause does not mean punishing the obligor, but rather correcting the mistakes committed by the victim.

prove That compensation is proportional to the damage or loss of profits.

The damage must be inevitable, otherwise hypothetical damage will not be allowed.

Assess damages based on the severity of the harm caused by the violation itself.

Based on the above, it is essential to consult the best law firm in Dubai to obtain legal advice related to the UAE Civil Transactions Law. Therefore, we save you time and effort because at Samaha Law Firm and Legal Consultancy, we provide optimal and correct solutions for all cases according to the latest provisions of the law. You can now request advice or present your case by contacting us through the following numbers: +971544447773

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