Debt recovery services in the UAE: Your guide to getting your money back quickly and legally

Debt recovery services in the UAE: Your guide to getting your money back quickly and legally

Debt collection services in the UAE are defined as the process of recovering outstanding amounts owed to individuals or companies from debtors who have failed to meet their payment obligations on time. These services may include a series of steps, beginning with amicable negotiations, followed by legal procedures, or even filing claims before the court. Debt collection plays a critical role in ensuring the recovery of rights and protecting financial interests.

Types of Debt Collection Services in the UAE

Debt collection services in the UAE can be classified into several categories depending on the nature of the debt and the parties involved:

1. Amicable Debt Collection Services in the UAE

This is considered the first step before resorting to legal action. At this stage, the lawyer or a debt collection office such as Samaha Law Firm for Legal Consultations negotiates with the debtor to reach a settlement without filing a lawsuit. Amicable procedures may include:

  • Direct communication with the debtor.

  • Negotiating a suitable repayment schedule.

  • Sending informal legal warnings.

2. Legal Debt Collection Services in the UAE

If amicable debt collection fails, the process moves to legal collection, which requires going to court. Legal debt collection services include:

  1. Filing a debt recovery lawsuit

    A specialized office such as Samaha Law Firm for Legal Consultations submits a claim before the competent courts, whether civil or commercial, depending on the nature of the debt.

  2. Attachment of assets

    The court may order the seizure of the debtor’s assets to settle the debt.

  3. Collection through the Public Prosecution

    In cases involving major financial damages or fraud, a criminal complaint may be filed to recover the debt.

  4. International debt collection

    This is one of the most important services when the debtor resides abroad. It includes:

    • Coordinating with international lawyers for cross-border debt recovery.

    • Resorting to international treaties that govern debt collection across borders.

  5. Corporate debt collection

    Debts involving companies usually require advanced legal expertise due to the complexity of commercial disputes. In such cases, Samaha Law Firm for Legal Consultations ensures:

    • Assessing the legal feasibility of filing a lawsuit.

    • Using complex legal tools such as the commercial court to recover debts.

Legal Procedures for Debt Collection Services in the UAE

The legal process of debt collection in the UAE involves several stages designed to ensure recovery of funds with minimal cost and time:

  1. Sending a payment notice

    Before approaching the court, a formal notice is sent to the debtor demanding repayment. This notice specifies the outstanding amount, the deadline for payment, and the legal consequences of default. It acts as a legal warning to pressure the debtor to comply.

  2. Filing a lawsuit

    If the debtor fails to pay after the notice, a debt recovery case is filed in the competent court. The claim must be supported by documents such as contracts, invoices, and payment receipts.

  3. Attachment of assets

    If the court rules in favor of the creditor, assets such as real estate or bank accounts may be seized to secure payment. The court may even order the sale of assets to settle the debt.

  4. Filing a criminal complaint in case of fraud

    If evidence suggests that the debtor obtained funds fraudulently or manipulated documents, a criminal case can be filed with the Public Prosecution.

Role of the Lawyer in Debt Collection Services in the UAE

A specialized lawyer, such as those at Samaha Law Firm for Legal Consultations, plays a major role in facilitating the recovery of financial rights. The lawyer’s responsibilities include:

  • Amicable negotiation

    Attempting to resolve the matter outside court through direct talks with the debtor.

  • Preparing the lawsuit

    If amicable means fail, the lawyer drafts all necessary documents to file a case in court.

  • Court representation

    Representing the client before the judge, presenting evidence, and making legal arguments.

  • Enforcement of the judgment

    After obtaining a ruling, the lawyer ensures execution through asset seizure, travel bans, or other enforcement measures.

Key Tips for Effective Debt Collection in the UAE

  • Verify contract terms

    Ensure that payment conditions are clearly defined in contracts to avoid disputes.

  • Early negotiation

    Initiate discussions with the debtor before the situation escalates.

  • Seek legal advice

    Consult a specialized office such as Samaha Law Firm for Legal Consultations to take the right steps.

  • Preserve documentation

    Keep invoices, receipts, and all supporting documents that prove your right to recover the debt.

How can I initiate commercial debt collection in the UAE ?

You can begin with negotiations with the debtor. If unsuccessful, you may file a debt recovery lawsuit in the competent court.

Can I collect debts in the UAE from abroad ?

Yes, debt collection in the UAE can be conducted internationally through collaboration with foreign lawyers and international treaties.

What are amicable debt collection services in the UAE ?

They involve attempts to reach an agreement with the debtor for repayment without going to court.

Can I seize the debtor’s bank accounts during debt collection in the UAE ?

Yes, with a court ruling, you can request attachment of the debtor’s assets, including bank accounts, to settle the debt.

What is the statute of limitations for debt collection in the UAE ?

The limitation period varies depending on the type of debt. It may be as short as 3 years in some cases and up to 15 years in others, under the UAE Civil Transactions Law.

Debt collection services in the UAE are an essential legal process that ensures the recovery of financial rights. Through amicable negotiations or legal action, individuals and companies can reclaim their dues safely and lawfully.

With the expertise of Samaha Law Firm for Legal Consultations, creditors are assured of professional legal guidance, effective representation, and successful debt recovery in the UAE. Contact Us.

Read More
Divorce for Harm in UAE Law

Divorce for Harm in UAE Law

Divorce for harm in UAE law is a firmly established right for either spouse if they suffer damage in any form—whether material or moral—that makes it impossible for the marriage to continue, as stipulated in Federal Decree-Law No. 41 of 2024.

For example, in a recent case before the Dubai Personal Status Court, a wife filed for divorce for harm in UAE law due to her husband’s sexual impotence. She proved to the court that continuing the marriage would cause her serious harm, and the court granted the request. If you need legal advice, you can contact Samaha Legal Consultancy Office.

What is divorce for harm in UAE law?

Divorce for harm in UAE law, also known as dissolution of marriage due to harm, is a right enshrined by the Emirati legislator under Article 71 of the Federal Decree-Law No. 41 of 2024. Either spouse may seek dissolution when serious harm makes marital life impossible.

If one spouse proves harm before the court and reconciliation fails, the court grants the divorce. The court may appoint two arbitrators from the families of both spouses within 60 days to investigate the reasons for the dispute and attempt reconciliation. If they fail, they may recommend separation with or without compensation. If no harm is proven, the case is dismissed, though it may be refiled after six months or once the judgment becomes final.

This balance ensures protection for the harmed party while preserving the sanctity of marriage. In the UAE, with Samaha Legal Consultancy Office, you can complete all procedures with maximum legal guarantees.

Types of divorce for harm in UAE law

A wife can request divorce for harm in UAE law through Samaha Legal Consultancy Office for various reasons, including:

  • Divorce for harm in UAE law due to abuse

    when the husband assaults his wife physically or verbally.

  • Divorce for harm in UAE law due to desertion

    when the husband abandons the marital home for an extended period without a legitimate reason.

  • Divorce for harm in UAE law due to mistreatment

    when the husband continuously insults or neglects his marital duties.

  • Divorce for harm in UAE law due to psychological harm

    when one spouse suffers from a contagious or psychological illness that makes cohabitation impossible.

  • Divorce for harm in UAE law due to sexual impotence

    one of the most sensitive cases. The court examines medical evidence of lasting, incurable impotence. A divorce is granted if a certified medical report confirms the condition.

Procedures for filing divorce for harm in UAE law

According to Federal Decree-Law No. 41 of 2024, procedures have been clarified and simplified to protect those harmed by marriage continuation. Any harmed spouse can file for divorce for harm in UAE law by following these steps:

  1. Family guidance/conciliation

    The process begins with filing a request with the court’s family guidance section, which attempts reconciliation within three months (Article 10 of the Decree).

  2. Referral to the Sharia Court

    If reconciliation fails, the file is referred to the court to open a divorce for harm in UAE law case.

  3. Filing the lawsuit

    The harmed party submits a detailed petition explaining the type of harm (physical abuse, impotence, desertion, mistreatment) with supporting evidence such as medical reports, witness testimony, or written messages.

  4. Court hearings

    Sessions are held to review evidence and hear witnesses. The court may order medical examinations in cases involving impotence or illness.

  5. Issuing judgment

    If the court is convinced of the harm and impossibility of marriage continuation, it issues a judgment for divorce for harm in UAE law.

  6. Execution of judgment

    The ruling is registered with the authorities, and post-divorce matters (custody, alimony, etc.) are addressed.

To ensure a strong case for divorce for harm in UAE law, it is recommended to consult a specialized law office such as Samaha Legal Consultancy Office, which provides proper evidence and expedites procedures.

Conditions for divorce for harm in UAE law

The UAE legislator has set clear conditions for accepting a petition for divorce for harm in UAE law:

  • Actual harm must exist

    The spouse must prove material or moral harm making the marriage unbearable.

  • The harm must be serious and ongoing

    Such as abuse, desertion, humiliation, impotence, or misconduct that undermines dignity or safety.

  • Evidence must be provided

    Accepted forms include witness testimony, medical reports, or official records.

  • Failed reconciliation attempt

    After arbitrators are appointed by the court and fail to repair the marriage.

  • Timely filing

    The harmed spouse must not delay excessively, which may be seen as waiver of rights.

  • Family welfare considerations

    If the court sees that the claim threatens family interests or lacks sound legal basis, separation may be mandated.

Witness requirements in divorce for harm in UAE law

When proving divorce for harm in UAE law in court through a specialized office like Samaha Legal Consultancy Office, witnesses must meet the following conditions:

  1. Must be adult, sane, and competent at the time of testimony.

  2. Must have direct knowledge of the harm, not hearsay.

  3. Testimony must be clear, consistent, and free of contradictions.

  4. Must be neutral, with no personal interest or hostility toward either spouse.

  5. Must testify in court and respond truthfully to the judge’s or arbitrators’ questions.

How long does a divorce for harm in UAE law case take?

The duration of a divorce for harm in UAE law case depends on the complexity of the dispute, the strength of evidence, and the parties’ cooperation with reconciliation efforts. Generally, a case may take 3 to 6 months for a preliminary judgment, not including appeals or challenges.

Role of a lawyer in divorce for harm in UAE law

Lawyers play a crucial role in divorce for harm in UAE law cases. They assist in:

  • Drafting the lawsuit

    Preparing a clear and legally sound petition for divorce for harm in UAE law with supporting documents.

  • Court representation

    Attending reconciliation sessions and hearings to defend the client’s interests.

  • Following procedures

    Ensuring deadlines and legal requirements are met.

  • Filing appeals

    Preparing and submitting appeals if the judgment is unsatisfactory.

By working with Samaha Legal Consultancy Office, clients are assured of efficient handling and maximum protection of their rights under UAE law. Contact Us.

Read More
Lease Agreements in the UAE

Lease Agreements in the UAE

A lease agreement in the UAE is created to regulate the relationship between the landlord and the tenant, ensuring adherence to its terms and responsibilities to protect the rights of all parties. Despite this, the law has established several cases under which a lease agreement can be canceled or terminated.

Lease Agreements in the UAE

The law regulating lease relationships defines a lease agreement in the UAE as a contract under which the landlord is obligated to allow the tenant to benefit from a property for a specific purpose and duration, in exchange for an agreed-upon amount.

Therefore, a lease agreement in the UAE requires a specific duration for the property’s lease. Like any contract, it is binding on both parties once they agree, sign, and register it with the competent official authorities.

Is It Possible to Cancel a Lease Agreement in the UAE in General?

According to the lease agreement termination law in the UAE, also known as Federal Law No. 26 of 2007, which regulates the relationship between landlords and tenants, and according to Article 14 of Federal Law No. 33 of 2008, which amends some provisions of the previous law, either party to a lease agreement in the UAE has the right to amend its terms, such as setting a termination period, by notifying the other party at least two months before the contract’s expiry, unless the two parties agree otherwise. With the help of Samaha Legal Consultancy, you can draft or cancel a lease agreement in the UAE.

What Are the Procedures for Canceling a Lease Agreement in the UAE?

The UAE government, through the website of the Department of Land and Property, offers an electronic service to request the cancellation of a lease agreement for properties that have been leased or vacated.

The procedures to obtain this service are outlined in two ways: the first is using the online electronic application, and the second is through a service center, either by yourself or with a specialized lawyer like Samaha Legal Consultancy.

The procedures for the first method, through the electronic system, are as follows:

  1. Log in to the Ejari system if you have an existing account, or create an account and log in for the first time.
  2. Enter the required data and upload the necessary documents to support the request.
  3. After completing all the required data in the previous step and verifying them, you must submit the request electronically. Specialized lawyers from Samaha Legal Consultancy can assist you with this submission.
  4. The request for cancellation and termination will be received and reviewed by the employee responsible for this service.
  5. If the request is approved, an email will be sent to confirm it.

The steps for the lease agreement cancellation service at a service center are as follows:

  1. The first step is to go to one of the service centers, also known as Real Estate Service Trustees centers.
  2. Submit the required documents and ensure they are complete and correct. A specialized lawyer from Samaha Legal Consultancy can help you with this.
  3. The required data will be entered by the competent employee, verified, and officially approved with a specialized lawyer.
  4. The applicant pays the required fees and receives a receipt.

These fees are free when requesting the service through the electronic application, while they are valued at AED 40 when going to a service center, including service partner fees and value-added tax.

Can a Lease Agreement in the UAE Be Terminated Before Its Expiry?

The correct legal action, with a specialized firm like Samaha Legal Consultancy, if a landlord or tenant wishes to unilaterally terminate a lease agreement in the UAE before its expiry, is to obtain the consent of the other party.
According to Article 7 of the law regulating lease relationships, a valid and legally binding lease agreement cannot be terminated except by mutual consent of both parties.

What are the Cases for a Landlord to Terminate a Lease Agreement in the UAE Before Its Expiry?

A landlord has the right to cancel and terminate a lease agreement in the UAE before the specified legal term expires if one of the legal cases stipulated by the law is present, which can be summarized as follows:

  1. If the tenant fails to pay the full or partial rent within a month from the date of being notified of the payment due date, unless the parties have agreed otherwise in the contract.
  2. When the tenant subleases the property or part of it to a third party without obtaining written consent from the landlord.
  3. When the tenant uses the leased property for illegal purposes or in a way that violates public order, or allows someone else to use it for such purposes.
  4. If the leased property is a commercial space, the landlord has the right to request contract termination if the tenant does not occupy and use the property for one continuous month or two non-consecutive months in a single year, unless there is a legitimate reason or the parties have agreed otherwise.
  5. When the tenant makes a change to the property that affects its structural integrity and it cannot be restored to its original state after the modifications.
  6. If the tenant causes harm to the property due to gross negligence or a deliberate act of damage, or allows a third party to cause damage.
  7. If the landlord discovers that the tenant is using the property for a purpose other than that for which it was leased, or is using it in a way that violates building regulations, planning, and land use.
  8. In cases where the leased property is on the verge of collapse, provided this is confirmed by a technical report from the municipality or approved by it.
  9. If the tenant fails to fulfill their obligations under the lease agreement in the UAE within a month from the date the landlord notifies them to do so.

What Are the Conditions for Terminating a Valid Lease Agreement in the UAE?

A lease agreement in the UAE is one of the contracts that the UAE legislator has permitted and defined its provisions and conditions to serve the interests of individuals. Therefore, the implementation of contracts according to what was agreed upon is a binding obligation, unless there are obstacles or circumstances that prevent the completion of the contracts’ execution. Several conditions must also be met to ensure the validity of canceling and terminating a lease agreement in the UAE:

  1. A valid and properly concluded lease agreement between the parties, in accordance with the legal terms and conditions for regulating lease agreements between the landlord and tenant.
  2. The existence of one of the reasons and cases that allow a party to terminate the lease agreement before its expiry, as stipulated by the law regulating lease relationships.
  3. The party wishing to terminate the contract for one of the legitimate reasons must be able to adhere to the legal consequences of the termination as agreed upon in the lease agreement in the UAE.
  4. The party wishing to terminate the contract must notify the other party of the termination before the legal period or the period agreed upon between the two parties in the contract.

With the help of Samaha Legal Consultancy, you can understand all the conditions for terminating a lease agreement in the UAE in a legally sound and correct manner. Contact Us.

Read More
Appealing Administrative Judgments in the UAE

Appealing Administrative Judgments in the UAE

Appealing Administrative Judgments in the UAE, An administrative appeal in the UAE is classified as a type of administrative lawsuit if the state or one of its departments is a party, whether as a plaintiff or a defendant.

What is an Administrative Appeal in the UAE

An administrative appeal in the UAE is a means of challenging judgments issued by First Instance Administrative Courts before a higher court, the Court of Appeals, to re-examine the subject of the dispute.

The case is transferred in its original state, and the Court of Appeals reviews it based on new evidence and arguments. The jurisdiction to hear administrative lawsuits in the UAE is held by federal courts at the emirate level.

What Are the Levels of Litigation in Administrative Judiciary in the UAE?

The administrative judiciary in the UAE consists of two levels: the first instance courts, which are the federal courts of first instance, and the second instance courts, which are the administrative appeal courts. At the top of the hierarchy is the Federal Supreme Court.

If a person has a case related to the administrative judiciary in the UAE and wishes to sue a government entity, they must file the lawsuit before the competent federal court of first instance according to the rules of jurisdiction. If there is no federal court in the city, they can file the lawsuit before the local court of first instance.

A prerequisite for filing such a lawsuit against government institutions is obtaining prior approval. By contacting a specialized lawyer like Samaha Legal Consultancy, you can file your lawsuit with the administrative judiciary in the correct legal manner.

What Are the Main Types of Cases from the Perspective of Administrative Judiciary in the UAE?

The most important types of cases are:

  • Administrative judiciary cases related to human resources law.
  • Administrative judiciary cases related to administrative contracts between state institutions or between state institutions and individuals.
  • Administrative judiciary cases related to public tenders and supply laws.
  • Administrative judiciary cases related to the annulment of administrative decisions.
  • Administrative judiciary cases related to compensation for administrative decisions.
  • Administrative judiciary cases related to expropriation for public utility.
  • Administrative judiciary cases arising from a dispute between ordinary individuals and state institutions.

What Are the Deadlines for Appealing Administrative Court Judgments in the UAE?

The federal court of first instance issues its judgment in an administrative lawsuit. This judgment is appealable before the competent federal court of appeals. An appeal judgment in an administrative case can also be challenged before the Supreme Administrative Court.

The procedures and conditions for appealing administrative judgments from first instance courts are the same as those required for administrative appeals, according to the provisions of the Civil Procedures Law. Therefore, the time limits for civil appeals apply to administrative appeals, meaning the appeal period is one month, starting from the date the judgment is notified to the losing party, unless a different deadline is stipulated in other special laws.

If neither party files an appeal within the legal period, the judgment becomes final. The appellee also has the right to file a counter or cross-appeal before the closing of the pleadings. With the help of Samaha Legal Consultancy, you can know the deadlines for administrative appeals and understand all their legal aspects.

What Are the Procedures for Administrative Appeals in the UAE?

The procedures for administrative appeals are the same as those applied in civil appeals, as stipulated in the UAE Civil Procedures Law.
We advise anyone with an administrative case in which a judgment has been issued by a federal court of first instance and who wishes to appeal it before the federal appellate courts to seek the help of a specialized law firm like Samaha Legal Consultancy, which provides the best specialized lawyers for this purpose.

The appeal procedures are as follows:

  • The appellant or their specialized lawyer, such as from Samaha Legal Consultancy, must submit the statement of appeal to the competent appellate court, including all the appeal details, especially the names of the appellant and the appellee, the number and date of the appealed judgment, and the lawsuit in which the judgment was issued.
  • The statement of claim submitted by the specialized lawyer must include all the facts related to the appeal and must request its formal and substantive acceptance.
  • The appellant must pay the appeal service fee of AED 2,000 to the appellate court treasury.
  • The case management office at the appellate court must request the original case file, electronically or in hard copy, starting from the day after the appeal is filed.
  • The first instance court must send the case file electronically or in hard copy within ten days of the request date.
  • The appeal transfers the case in its original state before the judgment to the competent appellate court.
  • The appellate court will either uphold the first-instance judgment or declare it void.
    >In the latter case, it may issue a new judgment or return the case to the first-instance court for a new review, especially if the initial judgment was based on a lack of jurisdiction or the acceptance of a subsidiary plea that prevented the case from proceeding. A specialized law firm like Samaha Legal Consultancy can help you get a fair and deserved judgment.

What Are the Procedures for Electronically Filing an Administrative Appeal Statement in the UAE?

According to the UAE Civil Procedures Law, an appellant has the right to file an appeal electronically by accessing the Ministry of Justice website and submitting the electronic statement of appeal as follows:

  • Enter the appellant’s data, including name, phone number, capacity, and address.
  • Enter the data related to the appealed first-instance judgment, including its number, date, verdict, and the lawsuit in which it was issued.
  • Fill in the appeal requests, such as the formal acceptance of the appeal, the modification of the first-instance judgment, or its annulment.
  • Add the reasons for appealing the first-instance judgment, such as the inadmissibility of the lawsuit due to an arbitration clause or the lack of jurisdiction of the first-instance court.
  • Review the details of the appeal.
  • Go to the folder for supporting documents and upload all documents that prove the appeal, including the challenged first-instance court judgment.
  • Sign the appeal and date the submission of the appeal statement.

By Contacting with Samaha Legal Consultancy, you can file an administrative appeal electronically in a legally sound manner. Contact Us.

Read More
Forgery cases lawyer in the UAE

Forgery cases lawyer in the UAE

Forgery Lawyer in the UAE, The crime of forgery is often associated with cases of fraud and deception, as it is based on acts of counterfeiting and altering official documents and other papers. Although this is a serious crime with severe penalties, being accused does not automatically lead to a legal conviction, and this is what a forgery lawyer in the UAE aims to achieve.

The Role of a Forgery Lawyer in the UAE

The seriousness of cases and the severity of their penalties are linked to the harm they cause and the danger they pose to society in the United Arab Emirates.

The crime of forgery is considered dangerous because it is an assault on rights. The forger deliberately commits this act with the intention of illegally obtaining money or something they are unable to obtain legitimately.

For example, an individual may need a specific document to complete a task, such as a certificate to get a job.

Instead of obtaining the job through the usual means, they forge the certificate to fulfill this need. This need, of course, does not justify them committing a crime, which leads to their conviction and punishment in accordance with the law on forging certificates.

However, in some cases, some individuals are falsely accused of forgery, and a lawsuit is filed against them. This is where the role of a forgery lawyer in the UAE comes in to drop the charge.

In an age where forgery crimes have multiplied and diversified, and are committed in various ways—such as forging documents, official papers, and government obligations—it is essential to consult a specialized criminal lawyer for forgery cases.

A forgery lawyer in the UAE has a great deal of experience and competence and relies on proving one of the grounds for acquittal in forgery crimes to help clients.

Grounds for Acquittal in Forgery Crimes

Legal loopholes and deficiencies are the grounds for acquittal that can negate the defendant’s commission of the crime of forgery, according to UAE law. They are as follows:

  • The absence of one of the pillars (elements) of the crime of forgery as defined by law leads to the crime’s collapse and the defendant’s acquittal.
  • If the act of forgery does not result in any harm or injury to any person, the judgment will be for acquittal.
  • It is a condition that the defendant knows that the document they are using is forged. Otherwise, their lack of knowledge and awareness when using it negates the defendant’s conviction for forgery.
  • If the plaintiff who filed the lawsuit waives their claim regarding the use of forged documents, this is considered to end the case and leads to the defendant’s acquittal and the collapse of the forgery crime.
  • If the plaintiff uses the forged documents or papers despite their knowledge and awareness that they are forged, the defendant will be acquitted based on the legal principle of attribution, as no harm was inflicted on anyone.
  • If the claim of forgery and the filing of a lawsuit are made without presenting the forged document as evidence to the court, it is not sufficient to convict the defendant of the crime of forgery.
  • The plaintiff loses their right to file a forgery lawsuit when they exceed the legal period available for filing the lawsuit, as their right expires due to the statute of limitations.
  • If the defendant’s defense can prove that the plaintiff was the one responsible for forging the documents and that it was done of their own free will, this is considered a sufficient reason to prove the defendant’s innocence.

From the above, it is clear that there are multiple grounds for acquittal, and a forgery lawyer in the UAE who is an expert in forgery cases can help you prove your innocence through one of these grounds. Therefore, do not hesitate to seek the best forgery lawyer in the UAE from Samaha Legal Consultancy.

The Crime of Forgery in UAE Law

The Penal Code includes the law of forgery and its provisions in the first chapter of its second book. The first section includes the provisions and penalties for forging and counterfeiting seals, marks, and stamps, while the second section includes the provisions and penalties for forging documents.

According to Article 216 of the UAE Penal Code, forgery is defined as tampering with and making changes to a document in a way that alters its reality and causes harm, provided there is an intention to use what has been forged as if it were authentic.

The question of whether forgery is a misdemeanor or a felony is often raised, but there is no single answer.
The answer depends on the type of document that was forged. If an official document is forged, such as a judicial ruling, a marriage certificate, a birth certificate, or a divorce deed, the forgery is a felony. However, if the forged document is customary, such as a lease agreement, a trust receipt, or other customary documents between individuals, the forgery is considered a misdemeanor.

Methods and Forms of Forgery in the Law

Article 216 of the Penal Code specifies the methods of forgery in the UAE, which can be summarized as follows:

  • Making a change to a document, either by deleting or adding to it, or by modifying the marks, numbers, signs, or images on it.
  • Adding a forged signature or seal, or changing an existing signature, fingerprint, or seal on the document.
  • Using methods of deception, fraud, or trickery to obtain a fingerprint, signature, or seal from a person without their knowledge of the document’s content or without their consent.
  • Creating and manufacturing a document from scratch, either by imitation or copying, and then attributing it to another person as if it were genuine.
  • Filling out a blank page that was previously signed, fingerprinted, or sealed without the consent of the owner of the signature, fingerprint, or seal.
  • Impersonating a person or changing their identity in a document or paper prepared to prove it.
  • Altering a document and falsifying its reality while it is being drafted for the purpose of its authentication.

The variety of forgery methods also leads to variations and differences in the penalties for forgery, depending on their severity and whether the forgery was of an official document or even a copy of it. This includes penalties for forging a bank statement, forging a judicial ruling deed, or forging a driver’s license, among others.

Accordingly, the forms of forgery vary and diversify. It is appropriate to consult a forgery lawyer in the UAE from Samaha Legal Consultancy when facing a charge of committing any of the aforementioned acts. Contact Us.

Read More
Indecent Assault Case in the UAE

Indecent Assault Case in the UAE

Indecent Assault Case in the UAE, We can define an indecent assault case in the UAE as a crime committed by a perpetrator as a result of engaging in physical acts that violate modesty and decency.

These acts are performed directly on the victim’s body and involve touching their private or sensitive parts that people are keen to cover and protect.

Indecent Assault Case in the UAE

An indecent assault case in the UAE is considered valid whether it was committed with the victim’s consent or without it if the victim is under 18 years of age.

The UAE legislator, in Article 407 of Federal Decree-Law No. 31 of 2021 (the UAE Penal Code), has penalized indecent assault with imprisonment and a fine of not less than AED 10,000, or one of these two penalties, if the act was committed with the victim’s consent.

The penalty for indecent assault against a minor, whether male or female, is aggravated to imprisonment from ten to twenty-five years, or if the crime was committed with physical or moral coercion.

The penalty can reach death if the act of indecent assault leads to the victim’s death. With the assistance of a specialized firm like Samaha Legal Consultancy, you can understand all the aspects of an indecent assault case in the UAE and how to deal with it.

Read also: Best and Most Skilled Cassation Lawyer in the UAE

What Are the Grounds for Acquittal in an Indecent Assault Case in the UAE?

The grounds for acquittal in an indecent assault case in the UAE relate to how the assault is proven and the absence of the crime’s elements. The absence of the physical or moral element of the crime can lead to acquittal.

The physical element is absent in an indecent assault case in the UAE when the act was not committed by the defendant or if the causal link between the act and the outcome is not established, such as someone who trips on a sidewalk while crossing the street, tries to prevent a fall, and their hand accidentally lands on the victim’s private parts.

The moral element is absent in an indecent assault case in the UAE with the absence of criminal intent on the part of the defendant, for example, if they are insane, a non-discriminating child, or if the perpetrator mistakes the identity of the victim, believing her to be their wife and then realizing otherwise.

With the help of Samaha Legal Consultancy, you can understand the grounds for acquittal in an indecent assault case in the UAE in the correct legal manner.

What Are the Types of Indecent Assault Cases in the UAE?

Indecent assault cases in the UAE are divided into two types:

1. Indecent Assault by Coercion in the UAE: The crime of indecent assault by coercion occurs in the UAE if the act is committed against the victim as a result of physical or moral coercion exercised by the perpetrator.
The Penal Code considers indecent assault by coercion in the UAE to have occurred definitively if the victim is a minor under the age of 18.

2. Indecent Assault with Consent in the UAE: The crime of indecent assault with consent occurs in the UAE when it is committed by the perpetrator with the victim’s consent.
The crime is considered to have occurred whether it was with or without the victim’s consent.
However, this crime is considered a public right offense punishable by the UAE legislator, as it affects public order.
The judgment for an indecent assault case in the UAE with consent requires imprisonment for a term of no less than one year.
Therefore, it is best to submit a defense memorandum in an indecent assault case in the UAE with consent, which includes the defense and proof of the victim’s consent.
This is a service provided by a specialized law firm like Samaha Legal Consultancy.

Is Reconciliation Allowed in an Indecent Assault Case in the UAE?

Reconciliation is not allowed in an indecent assault case in the UAE because it is a public right offense, as it is a crime that affects public order and public morals in the UAE. Samaha Legal Consultancy can help you with these procedures in a legal manner.

Is an Indecent Assault Case in the UAE a Misdemeanor or a Felony?

The Penal Code considers an indecent assault case in the UAE a misdemeanor and punishes it with at least one year of imprisonment.

However, the penalty can be intensified to the point of execution if the indecent assault leads to the victim’s death, at which point it becomes a felony.

By working with Samaha Legal Consultancy, you can ensure the highest possible penalty for the perpetrator in the appropriate legal situation.

What Is the Crime of Indecent Assault in the UAE?

The meaning of indecent assault in the UAE is the perpetrator’s assault on the victim’s body in sensitive areas, represented by their private parts or any place that a person is keen to cover and protect from being touched.

The crime necessitates the punishment of the perpetrator and compensation for the victim’s indecent assault.

What Is the Role of a Specialized Lawyer, like Samaha Legal Consultancy, in an Indecent Assault Case in the UAE?

  • Providing Legal Consultations: A specialized lawyer from Samaha Legal Consultancy provides advice and guidance to the client regarding their legal status and the rights and duties resulting from the indecent assault case in the UAE. The specialized lawyer can assist you in understanding the available evidence and determining the most appropriate legal strategy for the case.
  • Analyzing Evidence and Determining Defenses: The specialized lawyer analyzes the evidence presented by the Public Prosecution or the other party in the indecent assault case in the UAE.
    They study the legal elements of the crime and argue for the absence of any of the elements, such as the physical or moral element, if they are not proven.

With the help of Samaha Legal Consultancy, you can understand the grounds for acquittal in an indecent assault case in the UAE in the correct legal manner.Contact Us.

Read More
Appealing Commercial Cases in the UAE

Appealing Commercial Cases in the UAE

Appealing Commercial Cases in the UAE Many people wonder about the possibility of appealing commercial cases in the UAE. The Ministry of Justice has established specialized commercial courts to resolve disputes between merchants, companies, and partners, as well as to monitor violations and punish their perpetrators. Commercial cases are among the clearest in terms of causes and outcomes, making a decision on them relatively straightforward and uncomplicated.

Appealing Commercial Cases in the UAE

The UAE Ministry of Justice has established specialized courts for commercial appeals. These courts are a second-degree level and handle appeals of commercial judgments issued by the Commercial Courts of First Instance.

An appeal in a commercial case is filed with the Commercial Court of Appeals, where the dispute is reviewed and debated again, just like in other appeal courts.

The court then issues a new judgment, either rejecting the appeal and upholding the original ruling, or reversing it, or it may simply modify it.

If you need a consultation regarding appealing commercial cases in the UAE, you should contact Samaha Legal Consultancy.

The Commercial Court System for Appeals

The executive regulation of the commercial courts system aims to keep pace with the latest developments in international commercial laws, simplify procedures, and improve their quality.

Additionally, the system seeks to shorten the time spent on litigation, enhance the quality of commercial judicial outcomes, activate alternative dispute resolution methods, and leverage the role of the private sector and the concept of case management to avoid the need for appealing commercial cases.

The UAE commercial courts system has identified nine types of lawsuits, and electronic evidence is considered a valid form of proof, provided its authenticity and method of submission can be verified.

The courts are also specialized in applying intellectual property regulations, in addition to all claims for damages resulting from cases previously heard by the court. They also have jurisdiction over violations stemming from other commercial regulations and all requests related to court-appointed trustees, custodians, experts, and liquidators when the dispute is related to a case under the court’s jurisdiction.

The Commercial Courts of First Instance include a set of partial and general divisions, in addition to a Court of Appeals and a conciliation and mediation committee that works to provide amicable solutions to disputes.

The Commercial Appeal Lawsuit in the UAE

A lawsuit for appealing a commercial case can be filed by the party who is dissatisfied with the judgment of the Commercial Court of First Instance.

The role of the appeal is to bring the case to the state it was in before the appealed judgment, and this applies only to the specific parts that were appealed.

The Commercial Court of Appeals will review the appeal based on the new evidence, proofs, and defense arguments submitted to it, as well as those previously presented before the Court of First Instance.

It is important to note that only the party against whom the judgment was issued has the right to challenge the ruling and file an appeal.

Therefore, an appeal will not be accepted from any person who implicitly or explicitly accepts the judgment of the Court of First Instance.

The period for challenging first-instance judgments before the Court of Appeals begins the day after they are issued, unless the law stipulates otherwise. The UAE law sets the appeal period at 30 days, unless otherwise specified, and 10 days for urgent cases.

Failure to adhere to the designated deadlines for appealing the judgment results in the forfeiture of the right to appeal.

Objecting to an Appeal Ruling in Commercial Cases in the UAE

Article 173 of the Civil Procedures Law states that an objection can be filed against a ruling issued by the Court of Appeals if the case value exceeds AED 200,000 or if its value is not estimated, in one of these cases:

  • If the appealed judgment is based on a violation or misinterpretation of the law.
  • If there is an invalidity in the judgment or one of its procedures that affects its outcome.
  • If the challenged judgment violates the rules of jurisdiction.
  • If the judgment lacks reasoning or its reasoning is insufficient.
  • If the judgment orders something not requested by the opponent or exceeds their request.
  • If the judgment on the dispute contradicts another final judgment previously issued in the same matter between the same opponents.

What Are the Reasons for Appealing Commercial Cases in the UAE?

  • The appeal lawsuit was not filed within the specified deadline.
  • The plaintiff has no legitimate interest in challenging the ruling.
  • The plaintiff or the defendant in the appeal lack legal capacity.
  • The appellant has explicitly or implicitly accepted the original judgment.
  • The appealed judgment is not a first-degree ruling or one that is eligible for appeal.

When is an Appeal Filed in Commercial Cases in the UAE?

A lawsuit for appealing a commercial case is filed by submitting a statement of appeal starting from the day after the judgment of the Court of First Instance is issued.

The designated period for filing the appeal is 30 days.

We have clarified all matters concerning appealing commercial cases in the UAE. If you need legal advice, Samaha Legal Consultancy is your best choice. Contact us

Read More
Appeals in UAE Law

Appeals in UAE Law

 

Appeals in UAE Law, If a lawsuit has been filed before a court of first instance and a judgment has been issued, the litigants can appeal the judgment in accordance with UAE law.

Appeals in UAE Law

An appeal in UAE law exists for cases that have been heard before courts of first instance, whether they are criminal, civil, commercial, or financial.

The provisions for appeals in UAE law are found in both the UAE Civil Procedures Law and the UAE Criminal Procedures Law. The rules for appeals in both laws can be considered the applicable rules for any criminal or civil lawsuits.

Definition of an Appeal in UAE Law

An appeal in UAE law is a challenge filed by one of the litigants—either the one who won or lost the case—against a judgment issued by a court of first instance. The appeal is filed before a Court of Appeals, which is classified as a second-degree court, within the specific legal timeframe.

The term “court of first instance” refers to the court where a lawsuit is initially filed. Primary courts are considered to have general jurisdiction and hear all types of lawsuits, except for those specifically exempted by a special law.

Within any judicial circuit, there is a court of first instance and a Court of Appeals. This also applies to personal status courts, labor courts, criminal courts, commercial courts, and other types of courts affiliated with the UAE Ministry of Justice.

When Is It Permissible to File an Appeal in UAE Law?

Many litigants wonder whether they have the right to appeal and when they can do so.

This question can be answered by referring to Federal Decree-Law No. 42 of 2022, which issued the UAE Civil Procedures Law. The required conditions for an appeal in UAE law are as follows:

  • The appeal must be filed against a final judgment. It is not permissible to appeal judgments issued during the course of a lawsuit, except for temporary and urgent judgments.
  • The judgment must be legally appealable. Some judgments cannot be appealed if the value of the lawsuit or dispute is negligible.
  • The appeal must be filed within the legal timeframe, which is 30 days from the day after the judgment is notified to the losing party.
  • The appeal is only accepted from the winning or losing party, or their authorized representative.
  • There must be a substantive reason for the appeal.

 Types of Appeals in UAE Law

The type of appeal varies depending on the type of court of first instance that issued the judgment, whether it is criminal, labor, civil, commercial, administrative, or personal status.

  • Appeals in Criminal Cases The method for appealing judgments issued by criminal courts is explained in the UAE Criminal Procedures Law. This is done within 15 days from the date the judgment is pronounced in the defendant’s presence, or from the date of the opposition judgment, or from the date the judgment is notified to the absent litigant.
  • Appeals in Labor Cases The UAE Labor Law specifies how to resolve individual disputes arising from the application or non-application of the law. This includes outlining how to file labor disputes and complaints and how to handle all the details of appeals in labor cases.
  • Appeals in Personal Status Cases The personal status courts in the UAE have jurisdiction from the beginning of lawsuits arising from the application of the UAE Personal Status Law. Consequently, the rules for appeals in personal status cases are the same as those in the UAE Civil Procedures Law and its amendments. Litigants must file the appeal within 30 days from the date the judgment is notified, before the appellate Personal Status division of the Court of Appeals.
  • Appeals in Drug-related Cases According to Federal Decree-Law No. 30 of 2021 concerning the combatting of narcotics and psychotropic substances, drug-related cases are classified as felonies and misdemeanors based on the prescribed penalty.
  • The UAE Anti-Narcotics Law grants the federal courts in Abu Dhabi jurisdiction to hear cases related to drug trafficking and promotion, which are considered felonies. Appeals are filed according to the rules of this law, within 15 days from the date the judgment is pronounced in the defendant’s presence, or from the date of the opposition judgment, or from the date it is notified to the absent convicted party.
  • Appeals in Civil Cases Civil lawsuits filed by litigants against each other, whether related to contractual obligations or personal liability for actions causing harm to others, are heard before courts of first instance (primary and reconciliation courts) according to the rules of local and subject-matter jurisdiction. The judgments issued in these cases are appealable before the competent Civil Court of Appeals within 30 days from the date the judgment is notified to the losing party.
  • Appeals in Compensation Cases Appeals in compensation cases fall under the category of civil lawsuits. This is because most compensation lawsuits arise either from a wrongful act that causes harm to others, in accordance with the provisions of tort liability, or from a crime heard before a criminal court. A judgment issued in a compensation case is appealable according to the rules of the UAE Civil Procedures Law.
  • Appeals in Administrative Judiciary Appeals in administrative judiciary in UAE law refer to all cases related to administrative disputes where a state department is a party. The courts that hear these lawsuits can change depending on the type of lawsuit filed.
  • Appeals in Commercial Cases A lawsuit or case can be classified under appeals in commercial cases if it arises between merchants or companies and involves commercial activities. We have presented everything related to appeals in UAE law. If you need a legal consultation in the UAE, you should contact us at Samaha Legal Consultancy.contact us
Read More
Marriage in the UAE

Marriage in the UAE

Marriage in the UAE is a legal process that provides a formal framework for the relationship between spouses, outlining all mutual rights and obligations. It also incorporates a set of cultural and religious concepts that play a crucial role in shaping relationships. Spouses are entitled to legal rights such as inheritance and financial rights, as well as mutual obligations like family support and child care.

Types of Marriage in the UAE

Marriage in the UAE can be divided into two types:

  • Sharia Marriage: The provisions of a Sharia marriage contract apply to Muslims, whether they are Emirati citizens or residents, regardless of their nationality. Under the law, a Muslim man is permitted to marry a non-Muslim woman, but the reverse is not allowed, as a Muslim woman is not permitted to marry a non-Muslim man unless there is proof of his conversion to Islam. The law in the UAE also permits polygyny, allowing a Muslim man to marry up to four wives, provided he treats them all justly in terms of financial support and good conduct. Samaha Legal Consultancy can help you finalize marriage contracts with all their legal details, ensuring the rights of all parties in the marriage in the UAE are protected.
  • Civil Marriage: In 2021, the UAE introduced civil marriage services under Law No. 14 of 2021, which includes the provisions and amendments related to civil marriage. This type of marriage is regulated according to Articles 4 and 5 based on secular rules without the need for the spouses to undergo a pre-marital medical examination. Civil marriage in the UAE also does not require permission from the wife’s father or guardian. By contacting Samaha Legal Consultancy, you can finalize all legal details related to civil marriage in the UAE in a fully legal manner.

Conditions for Marriage in the UAE

The conditions for a Sharia marriage in the UAE include the following:

  1. The marriage contract must be registered with the Sharia Court.
  2. Both parties must have reached the legal age for marriage, which is 18 years. If they are younger than this, a judge’s consent is required.
  3. The groom’s age must not be twice the bride’s age or more. If this condition is not met, a judge’s consent is required.
  4. A medical fitness certificate must be submitted, confirming both spouses’ ability to marry.
  5. Both spouses must be personally present.
  6. The bride’s guardian or their representative must be present, along with two male Muslim witnesses.
  7. The bride’s guardian must consent to the marriage.
  8. If the bride’s father has passed away, the nearest guardian, such as the eldest brother, takes on the role of the guardian.
  9. If the bride is divorced or widowed, she must provide an official document proving her status.
  10. A girl whose father is a non-Muslim must provide a marriage consent certificate issued by her home country or by its diplomatic mission in the UAE.

As for the legal conditions for civil marriage in the UAE, they are as follows:

  1. In cases of civil marriage, neither spouse must be an Emirati national or a Muslim by religion.
  2. Both parties must consent to the marriage contract, and each must be at least 21 years old, which is the age of marriage in the UAE’s civil marriage law.
  3. There must be no first or second-degree kinship between the spouses, and neither of them should be married to another person.

Samaha Legal Consultancy can help you understand all the conditions and regulations related to marriage in the UAE in its various forms.

Marriage Procedures in the UAE

The marriage procedures in the UAE include clear steps for both Muslims and non-Muslims:

  1. Access the UAE Ministry of Justice Website: The couple must visit the official website to use the available online services for applying for marriage.
  2. Submit the Application: After logging in with their digital IDs, the couple submits the required marriage application. The system allows for the seamless submission of the required documents.
  3. Pay the Prescribed Fees: It is necessary to pay the specified fees to complete the marriage procedures. The couple can pay through the website.
  4. For Muslims: A Sharia official (Mādhūn) is contacted to conduct the marriage contract according to Sharia. The couple must set an appointment with the Mādhūn and bring the required witnesses to finalize the contract.
  5. For Non-Muslims: A notary judge meets with the couple to register and issue the marriage contract after reviewing the required documents.
  6. Receive the Contract: After completing all the previous steps and procedures, the marriage contract is received.

By contacting Samaha Legal Consultancy, you can understand all the conditions and complete all legal procedures in the appropriate manner.

Required Documents

For Muslims, the required documents are:

  1. Proof of identity for the applicant.
  2. Proof of identity for the two witnesses.
  3. Supporting documents for the application, such as divorce certificates or death certificates if one of the parties is a widow.

For non-Muslims, the required documents are:

  1. Proof of identity for both spouses.
  2. A no-objection letter from their embassy.
  3. A medical examination certificate to confirm the health of both parties.

Samaha Legal Consultancy can help you understand all the conditions and regulations related to marriage in the UAE in its various forms. contact us

Read More
Legal Consultations in the UAE

Legal Consultations in the UAE

Legal Consultations in the UAE, In the UAE, legal consultations are as important as other services provided by a law firm like Samaha, such as litigation, representation in court, or legal drafting.

In this article, we will help you understand how to obtain legal consultations in the UAE through our firm, Samaha.

Legal Consultations in the UAE

Federal Decree-Law No. 34 of 2022, which regulates the professions of lawyers and legal consultants in the UAE, introduced several key points:

  1. Regulating practicing, non-practicing, and trainee lawyers.
  2. Regulating legal assistants, who include legal researchers and legal consultants.

Services of a Legal Consultant through Legal Consultations in the UAE

According to the new law on the legal profession, a legal consultant provides the following services:

  • Providing all legal services, with the exception of pleading and representing others before courts and judicial committees.
  • A legal consultant must provide legal opinions and legal studies within the office they work for.
  • The legal consultant must record their work on special papers belonging to the law firm, after being signed by a registered practicing lawyer from the same firm.
  • The legal consultant can provide legal consultations on all cases handled by the office, whether they are commercial, civil, real estate, criminal, administrative, labor, or personal status cases.

What are the Prohibitions for a Legal Consultant?

A legal consultant is prohibited from:

  • Signing claim memoranda or memoranda submitted to courts of different levels, whether they are defense or appeal memoranda.
  • Signing agreements regarding office fees with clients, whether in their own name or as a representative of the office they belong to.
  • Providing legal consultations for their personal benefit or on behalf of another office.
  • Receiving a share of any disputed right from a client.
  • Performing work requested by a client that violates the state’s laws and regulations or is contrary to the ethics and traditions of the profession.

In this context, providing legal consultations has become more regulated in the UAE, which is considered a legislative advancement. Therefore, anyone who wishes to practice legal consulting must abide by the provisions of the law regulating the legal profession.

The profession of a legal consultant is a liberal, salaried profession. A legal consultant receives a salary commensurate with the intellectual effort they put into providing these legal consultations in the UAE.

The best firm for providing legal consultations in the UAE is Samaha. We are a specialized and committed firm that provides legal consultations in a manner that complies with all applicable laws and regulations.

If you are in need of assistance with any legal matter, do not hesitate to contact us to request a legal consultation.

A Law Firm for Legal Consultations in the UAE

Every person, at some point, needs to request a legal consultation, whether they are an Emirati citizen or a resident expatriate.

Therefore, they will search for a legal consultant to assist them, looking for the best consultants in the UAE or in the specific emirate where they reside.

We advise anyone looking for the best legal consultant to obtain legal consultations to go to Samaha Law Firm, as it is a specialized firm in the UAE.

A law firm like Samaha can be considered the best by applying the following criteria:

  • It must be proficient in all UAE laws and their minute details, including federal and local laws.
  • It must be proficient in all litigation procedures to assist the lawyers in the firm with filing lawsuits.
  • It must have broad knowledge of all judicial precedents issued by the higher courts, which can be relied upon when providing legal consultations.
  • The legal consultant must be continuously updated on all newly issued laws, whether they are amendments to previous laws, repeals, or completely new laws.
  • The legal consultant must have an exceptional ability and legal acumen to analyze the issues and cases presented to them to provide the best possible legal consultations.

Who is the best lawyer for legal consultations in the UAE? The best lawyer for legal consultations in the UAE is at Samaha Legal Consultancy. Our excellence comes from our proficiency in all federal and local UAE laws and legislations, as well as our commitment to all applicable laws and regulations during our work.

In conclusion, through our article on legal consultations in the UAE, we hope we have provided you with sufficient information on what legal consultations are, how they are provided, and who is the best legal consultant in the UAE.contact us

Read More
call now