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Demand for rental properties in the Emirate of Sharjah, UAE, is steadily increasing, thanks to the emirate’s favorable cost of living. The relevant authorities have adopted new methods for resolving rental disputes in Sharjah, in addition to providing electronic services to facilitate rental procedures.

If you need legal advice regarding a rental dispute, click here to contact the best lawyers in the UAE from Samaha Law Firm and Legal Consultancy.

table of contents:

1. Resolving rental disputes in Sharjah.
2. Rental disputes cases in Sharjah.
3. Frequently asked questions.
4. Resolving rental disputes in Sharjah.

There is no doubt that disputes between landlords and tenants occur frequently, whether in the Emirate of Sharjah or across the rest of the Emirates. Therefore, the government was keen to issue Rental Law No. (2) of 2007, which regulates the relationship between landlords and tenants in the Emirate of Sharjah.

Efforts are underway to provide the best services aimed at resolving rental disputes in Sharjah. One of the most prominent of these is the establishment of specialized departments within official departments concerned with this matter. Special centers have also been established to resolve rental disputes, which receive and process official complaints in accordance with the emirate’s rental law. In addition, Sharjah Municipality has provided customer services related to resolving rental disputes, enabling numerous electronic services related to rental contracts.

The Sharjah Real Estate Regulatory Department is the official body responsible for implementing the rental law. It provides a variety of services, including the attestation of various rental contracts. The department also handles rental disputes and complaints related to rental contract disputes, and then refers them to the competent committee for resolution.

Furthermore, the Rental Regulation Department in the Emirate of Sharjah seeks to provide various services aimed at facilitating rental relationships.

The Dispute Resolution Committee is the judicial body responsible for implementing the Rental Law in the Emirate of Sharjah and is part of the Rental Regulation Department. The committee consists of a judge appointed by the Minister of Justice and two other members with expertise in this field. The committee is responsible for resolving rental disputes between landlords and tenants in accordance with the law, while providing opportunities for amicable solutions.

The committee’s duties include adjudicating all complaints and lawsuits related to lease contracts in Sharjah, in addition to considering urgent requests submitted by parties to lease contracts. In carrying out its duties, the committee relies on the Rental Law regulating rental relationships in the emirate, along with relevant executive regulations and decisions.

On the other hand, Sharjah Municipality provides online services related to the rental relationship between landlords and tenants via its website. One of the most prominent of these services is the case inquiry service, which allows for online tracking and inquiries into rental cases, eliminating the need to visit service centers.

Other services that can be obtained through the Sharjah Municipality website include:

1. Electronic Lease Contract Document Request Service
2. Commercial lease certification
3. Renewal of previous contracts
4. Authentication of residential lease contracts
5. Inquiry about executive cases
6. Get rental information using your electricity account number
7. Request approval to pay dues in installments
8. Request for approval of the judicial deadline
9. Get lease information
10. Request to cancel the judicial deadline
11. Rental index inquiry service by region.

You can hire a specialized attorney to help you handle rental claims and obtain relevant legal advice. You can contact Samaha Law Firm and Legal Consultancy in Sharjah.

Rental disputes and complaints submitted to the Sharjah Rental Disputes Settlement Committee vary and are adjudicated in accordance with the Rental Law. The most prominent of these cases involves the tenant’s failure to pay rent on time or refraining from paying it in full.

This prompts the landlord to file a complaint to compel the tenant to pay his dues. In many cases, the tenant is also required to terminate the contract and vacate the apartment. It’s worth noting that in some cases, the tenant complains about the landlord’s refusal to accept rent for some reason, which could lead to problems later on.

In this case, the tenant may, in accordance with Article (12) of the Sharjah Rental Law, deposit the rent in the name of the committee with the Sharjah Municipality. The deposit receipt obtained from the municipality shall constitute a document acquitting the tenant of his liability. The tenant and the committee must inform the landlord of the deposit.

Another issue is the landlord’s refusal to certify the lease with Sharjah Municipality, renew it, or pay the fees. The tenant is seeking to compel him to do so.

This is due to the forfeited rights of both parties if the lease contract is not officially certified, and the inability to resort to the Rental Disputes Committee in the event of a dispute.

On the other hand, some complaints and requests relate to reducing the rent or terminating the lease contract due to the unsuitability of the leased property for the intended use agreed upon.

The committee works to resolve rental disputes in Sharjah similar to the above cases, in addition to other types of disputes that arise between landlords and tenants.

Frequently Asked Questions

One of the most frequently asked questions about the rental law in the Emirate of Sharjah is: Can a lease be terminated before its expiration? For additional information and specialized legal advice from an experienced rental law attorney, you can contact Samaha Law Firm and Legal Consultancy in Sharjah.

You can also view rental contract registration services and methods for renewing or canceling rental contracts in Abu Dhabi. In addition to knowing when a lease can be terminated before its expiration, learn more about the details of resolving rental disputes in the UAE.

Appeal in labor cases

The UAE Labor Law defines the relationship between the employee and the employer, granting both parties the right to claim their rights before a labor court. After a ruling is issued, both parties also have the right to appeal labor cases.

If you’re looking for the best lawyer to appeal a labor lawsuit ruling, Samaha Law Firm and Legal Consultancy, provides you with the right lawyer with high efficiency. Contact the firm now to receive the best lawyers and legal services.

table of contents

1. Appeal in labor cases.
2. Conditions for filing a labor lawsuit
3. Appeal of the labor ruling
4. Labor lawsuit appeal form
5. Submitting a labor appeal electronically
6. Frequently Asked Questions
7. Appeal in labor cases.

The UAE Labor Law, issued by Federal Decree-Law No. 33 of 2021, outlines how individual labor disputes are handled. This framework was strengthened by Resolution No. 47 of 2022, which regulates procedures for labor disputes and complaints. Individual labor disputes refer to disputes that arise between an employee and an employer regarding rights under the UAE Labor Law, in accordance with the existing contractual relationship between the two parties.

Conditions for filing a labor lawsuit

The UAE Labor Law stipulates the conditions for filing a labor lawsuit as follows:

• The worker must submit a request to the Ministry for appropriate action. The Ministry must endeavor to resolve the dispute amicably and reach a settlement within 14 days from the date of submission of the request.
• If the Ministry is unable to resolve the dispute amicably, it must refer the case to the competent labor court, attaching all memoranda and responses submitted by both parties and its opinion on the case.
• The labor court must set a hearing to consider the case within three working days of receiving the request, notify the parties thereof, and decide the case expeditiously.
• The complaint must be filed before the expiration of the statute of limitations in the labor courts, as the labor claim lapses after one year from the due date.
• Labor lawsuits are exempt from court fees at all stages of litigation and enforcement if filed by workers or their heirs, provided that their value does not exceed one hundred thousand dirhams.

Appeal of the labor judgment.

The judgment issued by the First Instance Labor Court may be appealed before the Labor Appeal Court, in accordance with the terms and procedures specified in the UAE Civil Procedures Law. The appellant must file the appeal with the Labor Appeal Court within 30 days of being notified of the judgment issued by the First Instance Court. The worker is exempt from labor appeal fees. It should also be noted that judgments issued in labor cases whose value does not exceed fifty thousand dirhams are final and binding and cannot be appealed before the Labor Appeal Courts.

Labor lawsuit appeal form

Those wishing to appeal labor cases are advised to seek the expertise of the best labor lawyers at Samaha Law Firm and Legal Consultancy.

Have you received a criminal judgment from a criminal court that you believe was unfair? Do you feel an urgent need to clarify your position and amend the judgment?

You can use appeal as a legal means in this case, as it represents an opportunity to change or modify the issued ruling.

If you need to consult a criminal lawyer in the UAE to inquire about the appeal procedures after a judgment, you can click here to immediately contact Law Firm and Legal Services.

table of contents

1. Appeal in criminal cases in the UAE
2. Procedures for appealing judgments in criminal cases
3. Frequently Asked Questions

Appeal in criminal cases in the UAE

Many individuals fear engaging in criminal offenses because of the harsh penalties imposed on perpetrators. This is an intentional outcome, as criminal offenses pose a significant threat to public safety. These crimes include murder, robbery, drug trafficking, and other criminal acts that threaten the safety of society.

Although the competent authorities in the United Arab Emirates believe in the importance of applying penalties to all those who violate the laws and commit criminal offenses, they also take into account the possibility of errors occurring or that judicial procedures may proceed in a manner that leads to an unfair ruling against a person. Therefore, the Code of Criminal Procedure stipulates the right of the convicted person to appeal the ruling before the Court of Appeal.

Appeal is one of the ways to object to rulings issued by first instance courts in the United Arab Emirates. Since the criminal court is classified as

The Court of First Instance is considered the first instance court, and therefore appeals against its rulings are permissible under UAE law. The judgment issued by the Criminal Court is rendered by a single judge, which reinforces the importance of appeals. It is undeniable that a person, regardless of their status, can make mistakes and their opinion may be questioned.

Sometimes, a judge may make an error in judgment or overlook a matter that could affect the course of a criminal case. Therefore, resorting to the courts of appeals provides an opportunity to correct the judgment and rectify any errors that may have occurred. In some cases, the appeal is not intended to question the judge’s ruling, but rather results from the emergence of new developments that were not present at the time of the ruling.

Accordingly, appeal in criminal cases, regardless of its grounds, is a means of correcting errors, whether related to incorrect application of the law or the subject matter of the case itself. The Court of Appeal is considered a second-instance court, as it can overturn the ruling issued by the court of first instance.

It is important to note that appeal courts’ rulings are issued based on the opinion of three judges, unlike courts of first instance, which issue rulings from a single judge. With regard to criminal cases,…

Procedures for appealing judgments in criminal cases

There is no doubt that every legal action or procedure requires a set of terms and conditions that must be adhered to for its completion. The UAE’s Code of Criminal Procedure includes a special list of procedures for appeals related to criminal judgments. An appeal must be filed within a period not exceeding fifteen days from the date of issuance of the judgment, by submitting a report to the criminal registry, in accordance with Article 234 of the Code.

If the convicted person wishing to appeal is imprisoned, they must submit their appeal to the prison warden, who must immediately send it to the criminal clerk. The appeals court may also release the convicted person if he is on bail pending its decision on the appeal.

If the Public Prosecution files an appeal against the ruling, the deadline for filing it is thirty days from the date of the ruling. The criminal court will then set a hearing date in accordance with Article 236 of the appeal report, and this will be considered an official announcement.

The Public Prosecution is responsible for notifying the other parties in the partial case whose ruling has been appealed of the hearing date. The accused must be present. If the accused is detained, the Public Prosecution must transport him to the Court of Appeal to attend the hearing.

According to Article 237, the court must first hear the appellant’s statements, then hear the remaining parties. It is important to note that a defendant sentenced to a custodial sentence loses his right to appeal if he fails to present himself for execution before the appeal hearing, in accordance with Article 238.

The Court of Appeal itself shall hear witnesses who should have been heard by the criminal court. The Court of Appeal is also required, in accordance with Article 239, to address any deficiencies in the investigation procedures and has the right to take whatever action it deems necessary to do so.

If the court of first instance issues a ruling and, upon appeal, it discovers that there is a defect, whether there was a defect in the initial ruling or an error or defect in the procedures that affected the ruling, the court may overturn the initial ruling and issue a ruling based on it.

If the Court of Appeal overturns a compensation award that was provisionally enforced, the award is returned to the enforcing authority based on the overturning decision. From this, we conclude that the procedures of appeal courts vary from case to case and lead to diverse outcomes. The appeal may be accepted and the award modified, or the appeal may be rejected with the appealed award upheld or even amended. Therefore, it is advisable not to file an appeal without consulting a lawyer specializing in criminal cases and experienced in the laws and procedures.

In this case, you can contact Samaha Law Firm and Legal Consultancy, directly to obtain the services of the best lawyers in the criminal field.

Frequently Asked Questions

There are many inquiries regarding important details about the appeal, the most prominent of which are:

– What is the appeal period in criminal cases?

If you need to draft an appeal to challenge a criminal court ruling, the criminal lawyer at Law Firm is ready to assist you in this area.

– Is it possible to appeal a criminal case after an appeal ruling?

Learn comprehensive information about appeals under UAE law, including appeals in commercial and civil cases in the UAE.

If a lawsuit is filed before a court of first instance and a judgment is issued, the parties may appeal that judgment in accordance with UAE law. What is an appeal in this context? What are its procedures and types? Which judgments may be appealed, and what is the appeal period? You’ll find answers to these questions in our article today.

If you are looking for the best lawyer in Samaha Law Firm and Legal Consultancy, To file an appeal Legal Consulting Office directly.

table of contents:

1. Appeal in UAE law.
2. Definition of appeal.
3. When may an appeal be filed?
4. Appeal procedures in the UAE.
5. Types of appeal.
6. Appeal in criminal cases.
7. Appeal in labor cases.
8. Appeal in personal status matters.
9. Appeal in drug cases.
10. Appeal in civil cases.
11. Appeal in compensation cases.
12. Appeal in the administrative judiciary.
13. Appeal in commercial cases.
14. Frequently Asked Questions.

Appeal in UAE law.

Appeal in UAE law applies to all cases brought before first-instance courts, whether criminal, civil, commercial, or financial. Appeal provisions are defined in both the UAE Civil Procedure Code and the Criminal Procedure Code, and the rules governing appeals in both laws are the same as those applicable to all criminal and civil cases.

Definition of appeal

An appeal is a challenge filed by one of the parties, whether the judgment creditor or the judgment debtor, against a judgment issued by a first-instance court, before the Court of Appeal, which is considered a second-instance court, within the legal period specified for appeal.

By “first-instance courts,” we mean any court before which a lawsuit is filed. Primary courts have general jurisdiction to hear all types of lawsuits, except those exempted by special law.

In any judicial district specializing in a particular type of case, there is a court of first instance and a court of appeal. These districts include personal status courts, labor courts, criminal courts, as well as commercial courts and other courts affiliated with the UAE Ministry of Justice.

When can an appeal be filed?

Many litigants in court wonder about their right to appeal and when they can do so in the UAE.

In this context, Federal Decree-Law No. 42 of 2022, which promulgated the UAE Civil Procedure Code, stipulates the conditions for appeal as follows: The appeal must be filed after the issuance of the final judgment, meaning that judgments issued during the course of the case cannot be appealed, with the exception of interim and urgent judgments.

Appeals must be filed against judgments that are subject to appeal by law. Some judgments are not subject to appeal if the value of the claim or dispute is low. The appeal must be filed within the legal period specified after the issuance of the final judgment, which is 30 days from the day following the date on which the judgment was communicated to the convicted person. Appeals may only be accepted from the judgment creditor, the convicted person, or their representative. There must be a substantial reason to support the appeal.

Appeal procedures in the UAE

The appeal procedures in UAE law are as follows:

The appellant must appoint a specialized attorney to file the appeal before the competent appeals court. The attorney will prepare the appeal brief, which must include the names of the appellant and the respondent, the appealed judgment, its number and date, and the number and date of the case in which the judgment was issued. The facts of the appeal must also be clearly stated and supported by legal grounds and attached documents. The appeal requests must then be submitted.

The attorney files the appeal petition and deposits it with the Case Management Office of the Court of Appeal, where it is recorded in the designated register. The appeal may also be filed electronically. The attorney must submit copies of the appeal petition equal to the number of appellees, in addition to a copy for the Case Management Office.

The case management office of the court of appeal to which the appeal is filed must request the attachment of the initial case file starting the day following the date the appeal is filed. The case management office of the court of first instance must send the case file within a maximum of ten days from the date of the request, and this period is shortened to three days in urgent cases.

The respondent may file a cross-appeal up to the date of the first hearing for the exchange of memoranda and responses.

The Court of Appeal must consider the appeal based on the new evidence and arguments presented to it, as well as what was presented to the Court of First Instance.

The appeal judgment shall either uphold the judgment of the court of first instance, invalidate it and issue a new judgment, invalidate it in part and uphold it in part, or return the case to the court of first instance if the reason for invalidating the judgment relates to the notification of the statement of claim or lack of jurisdiction.

Types of appeal

Appeals under UAE law vary depending on the type of first-instance courts that issue judgments subject to appeal, whether criminal, labor, civil, commercial, administrative, or personal status.

Appeal in criminal cases

The UAE Criminal Procedure Code specifies the mechanism for appealing judgments issued by criminal courts. The appeal must be filed within 15 days from the date of the judgment issued in the presence of the party, from the date of the judgment issued in opposition, or from the date the judgment was notified to the party in whose absence the judgment was issued.

As for appealing labor cases, the UAE Labor Law outlines how to handle individual disputes arising from the application or non-application of the law. This includes the steps for filing labor disputes and complaints, as well as details for appealing these cases. The process must begin with the worker or employer filing a labor complaint with the Ministry within 30 days of the violation.

The Ministry must attempt to resolve the dispute amicably within 14 days of receiving the complaint. If it is unable to do so, the matter will be referred to the Labor Court.

After the labor court’s ruling is issued, it may be appealed in accordance with the same provisions and procedures stipulated in the UAE Civil Transactions Law.

Appeal in personal status

Personal status courts in the UAE are responsible for hearing cases related to the application of the UAE Personal Status Law. Therefore, the rules for appeal in personal status cases are consistent with the rules stipulated in the UAE Civil Procedure Code and its amendments. The parties concerned must file an appeal within 30 days from the date they are notified of the ruling, before the Personal Status Appellate Division of the Court of Appeal.

As for drug cases, they have been classified according to Federal Decree-Law No. 30 of 2021 regarding combating narcotic drugs and psychotropic substances into felonies and misdemeanors.AndBased on the prescribed penalties, the UAE’s anti-drug law limits jurisdiction to hearing cases related to drug trafficking and promotion to federal courts in the capital, Abu Dhabi, as these cases are considered felonies.

Drug cases are considered criminal cases subject to the new UAE Criminal Procedure Law No. 38 of 2022. Therefore, appeals against judgments issued in these cases are subject to the rules stipulated in this law. The appeal must be filed with the Court of Appeal within 15 days from the date of the judgment issued in the presence of the defendant, the date of the judgment issued in opposition, or the date the absent defendant was notified of the judgment.

To appeal in civil cases

Civil suits brought by individuals against each other include cases relating to contractual obligations or personal liability for actions that cause harm to others.

They are heard before first-instance courts, i.e., primary and conciliation courts, in accordance with the rules of local and subject-matter jurisdiction. The rulings issued in these cases are subject to appeal before the competent civil court of appeal, within 30 days from the date the ruling is announced to the convicted person.

Appeal in compensation cases

Appealing compensation claims is considered a part of civil litigation. Most compensation claims arise either as a result of a wrongful act that causes harm to others, under the provisions of civil tort liability, or as a result of a crime brought before criminal courts. Judgments issued in compensation cases may be appealed in accordance with the rules stipulated in the UAE Civil Procedure Law.

Regarding appeal in administrative judiciary

It includes all cases related to administrative disputes involving a government department. The courts competent to hear these cases vary depending on the type of case. For example, in the event of a dispute between a citizen and a municipality regarding the rental of land or property, jurisdiction falls to the Rental Disputes Settlement Committee, and the ruling issued by these committees may be appealed before the Rental Disputes Appeal Committee.

Appeal in commercial cases

A lawsuit or case is considered an appeal in commercial cases if it results from disputes between merchants of commercial capacity or companies, and is related to specific commercial activities.

First-instance courts have jurisdiction to hear commercial disputes in accordance with the jurisdictional rules stipulated in the UAE Civil and Commercial Procedures Law.

Therefore, appealing judgments issued by first-instance courts in commercial cases is considered an appeal, in accordance with the provisions of that law, as the parties must file the appeal within 30 days from the date on which they are notified of the judgment.

Under UAE law, specific conditions must be met to initiate a criminal case for defamation or insult, especially in cases involving harm to an individual’s dignity or social standing. It is not sufficient for an offense or insulting statement to occur—certain legal conditions, as defined by the legislator, must be fulfilled for the court to accept the defamation and insult claim.

In this article, we will shed light on the key conditions, the penalties imposed on those who commit defamation and insult crimes, and the role of the lawyer in handling such cases before the judiciary.

Key Conditions for Filing a Defamation and Insult Lawsuit under UAE Law

Defamation generally involves the use of offensive language without attributing a specific act, while slander (or libel) involves accusing someone of a particular act that harms their honor or reputation. UAE law requires the fulfillment of several conditions to ensure the seriousness of the case and to protect the rights of all parties, as well as to prevent the misuse of the judiciary for personal vendettas.

The legal conditions for filing a defamation and insult lawsuit in the UAE are:

1. The occurrence of an act that violates dignity, whether through verbal insult or slander by attributing a false incident, with the statement containing clear humiliation or a baseless accusation.
2. The identity of the offender must be known. A lawsuit cannot be filed against an unknown individual unless their identity is revealed during the investigation.
3. No legal justification must exist, such as the legitimate right to critique or expression of opinion within legal limits.
4. The lawsuit must be filed within the legal timeframe, which is three months from the date of knowledge of the incident and the perpetrator.
5. Providing tangible evidence to prove the alleged incident, such as (witness testimonies, documents, or audio/visual recordings).
6. The complaint must be filed by the affected party personally or by someone legally authorized on their behalf (such as their lawyer or a family member). No third party may file the lawsuit except in specific cases like minors or the absent.
7. The matter must not have been resolved through official reconciliation or settlement between the parties.
8. The act must not have occurred in a legal or professional context, such as disclosures during official investigations or in defense of a legal right.

Legal Procedures for Filing a Defamation and Insult Lawsuit in the UAE

Defamation and insult crimes are closely related to personal dignity, and the Public Prosecution will not initiate criminal proceedings unless the victim or their legal representative submits an official complaint and the conditions for filing a lawsuit are met, as clarified in Article 11 of Federal Law No. 38 of 2022.

According to the law, the procedures are as follows:

1. The victim must file an official complaint at the police station or with the Public Prosecution, detailing the defamation or insult incident, how it occurred, and the identity of the offender, if known.
2. The complainant must support their report with physical evidence (audio recordings, written messages, videos, online posts, or eyewitness testimonies).
3. The Public Prosecution gathers evidence and hears statements from both parties and witnesses and may order further investigation if necessary.
4. If sufficient elements of the crime are found, the case is referred to the competent criminal court for adjudication.
5. The judge reviews the facts and allows both parties to present their defenses before issuing a ruling based on the documents and evidence.
6. The victim or defendant may appeal the judgment within the legal timeframe if justified by legal grounds.

We strongly advise consulting a defamation and insult lawyer in the UAE to guide the legal process, offer accurate legal advice, and avoid any procedural errors that could impact the outcome of the case.

Legal Penalties for Defamation and Insult in the UAE

Penalties for defamation and insult in the UAE are applied only after the legal conditions for filing a lawsuit are fully met. Depending on the nature of the act and the method used to commit it, penalties vary between imprisonment and fines, as outlined in Articles 425–427 of Federal Law No. 31 of 2021:

1. Up to two years imprisonment or a fine of up to AED 20,000 for publicly committing an act that criminalizes or disrespects a person.
2. Harsher penalties apply if the offense targets a public official during their duties or harms one’s honor or reputation, which may include imprisonment, a fine, or both.
3. Up to one year imprisonment or a fine of up to AED 20,000 for public insults without attributing a specific incident.
4. Insults or defamation over the phone or in the presence of a third party may result in six months’ imprisonment or a fine of up to AED 5,000.
5. If the insult or defamation occurs privately without witnesses, the penalty is a fine of AED 5,000.
6. Penalties are increased if the act targets a public official or affects honor and dignity with malicious intent.
7. Using publication methods (such as newspapers or print materials) is considered an aggravating factor due to the wide-reaching impact.

The Lawyer’s Role in Defamation and Insult Cases

A lawyer’s involvement is essential in defamation and insult cases due to their legal complexity and procedural requirements, which demand knowledge of criminal law and understanding of personal rights and freedoms. The lawyer’s role includes:

1. Providing online legal consultation and assessing whether the complaint meets the conditions for filing a lawsuit.
2. Drafting the complaint in a legally sound manner that clearly presents the elements of the crime and includes convincing facts and evidence.
3. Submitting admissible evidence to the Public Prosecution, whether emails, recordings, publications, or witness statements.
4. Preparing legal pleadings with precision, ensuring adherence to proper legal protocols, thus protecting the client’s rights.
5. Representing the client before the investigative and judicial authorities, presenting appropriate defenses and responding to the opposing party based on legal texts and case precedents.
6. Following up on the case until a ruling is issued, ensuring legal deadlines are met and handling appeals if necessary.

Conclusion

This article has outlined the legal conditions for filing a defamation and insult lawsuit in the UAE. These conditions are designed to strike a legal balance between protecting individual reputations and safeguarding freedom of expression.

Filing a lawsuit against a person in the UAE involves a series of legal procedures that must be followed with great precision to ensure that the case proceeds correctly without any legal issues, while also securing all entitled rights.

This article aims to explain the fundamental steps and conditions for filing a lawsuit in the UAE, with particular emphasis on the advanced electronic system that has made the process significantly easier.

Procedures for Filing a Lawsuit Against a Person in the UAE

Filing a lawsuit in the UAE requires adherence to several essential legal steps to ensure the case is accepted by the court and proceeds without legal errors. These steps include:

• Organizing the required documents to support the claim, such as contracts, receipts, official correspondences, or any written or physical evidence that strengthens the plaintiff’s position in court.
• Selecting the competent court based on the jurisdiction corresponding to the nature of the case.
• Drafting the statement of claim in a legally correct format, including the main details of the plaintiff and defendant, the subject of the dispute, and the legal demands based on legislative provisions.
• Submitting the claim within the legally defined timeframe, especially in cases subject to statute of limitations or deadlines.
• Paying the applicable court fees or submitting proof of exemption if legally justified.
• Receiving the case number and first hearing date, which the plaintiff will use to follow up on the case.
• Officially notifying the defendant, either through a registered address or through verified electronic notification methods.
• Attending court sessions and complying with court procedures. Failure to attend may lead to dismissal of the case or a default judgment, depending on the situation.

Conditions for Filing a Lawsuit in the UAE

To have a lawsuit accepted in UAE courts, it is not enough to simply follow formal procedures. The following substantive conditions must also be met for the right to litigation to be valid:

• The plaintiff must have a direct and legitimate legal interest in the lawsuit. This interest must exist at the time of filing and not be merely potential or future.
• The plaintiff must be the rightful owner of the disputed right, and the defendant must be the party accused of violating or infringing that right.
• All parties must have full legal capacity to litigate. A legal representative may also file the lawsuit on behalf of a party.
• A case will not be accepted if it violates public order or core legal principles upheld by UAE law, such as:
  • A final judgment has already been issued in the same dispute.
  • A binding arbitration agreement exists.
  • The claim is barred by statute of limitations or other legal grounds preventing it.
• In most cases, the lawsuit must be filed within a legally specified period, especially in cases of compensation or contract termination, or the right to claim may be forfeited.

It is crucial to consult a qualified lawyer who understands UAE legal procedures before filing a lawsuit to ensure the correct steps are taken and the legal position is fully understood.

How to File a Lawsuit Online

The UAE’s electronic litigation system is one of the leading judicial initiatives, allowing individuals to file lawsuits online to expedite judicial processes without needing to attend court in person. The steps include:

• Log in to the Ministry of Justice website or the respective emirate’s smart justice portal, such as the Abu Dhabi Judicial Department or Dubai Courts.
• From the judicial services menu, select the “Electronic Case Filing“ service, which allows submission of the statement of claim and parties’ details online.
• Fill out the online form, including the plaintiff and defendant’s details, a brief legal description of the case, and the objectives sought.
• Upload supporting documents, categorizing each file by type. Official documents must be clear and valid.
• Review the claim details carefully, confirm their accuracy through electronic signature, and agree to the service’s terms and conditions.
• Pay court fees through the available online payment methods, calculated based on the type and value of the case.
• After submission, the plaintiff receives a case number electronically, and the defendant is notified via officially approved methods.

With that, we conclude our article on how to file a lawsuit against a person in the UAE. We have outlined the key legal procedures and essential conditions that must be considered before resorting to litigation—whether through traditional methods or via the UAE’s accredited electronic systems.

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For lawsuits Personal status laws, particularly those relating to divorce, have a significant impact on families and society. For this reason, UAE lawmakers have sought to limit their impact through several measures.

according to Article 98 of Federal Law No. 28 of 2005 on Personal Status Law stipulates that courts must attempt to resolve family disputes before reaching a decision on the couple’s separation. There are many details related to family guidance, which we will discuss in some detail in this article.

conditions Divorce and family guidance in the UAE

There is There are many conditions related to family guidance and some other legal information that we will review in detail in the following lines:

• A divorce suit will not be accepted without family guidance.

It states Article No. (16) of the Explanatory Memorandum of Federal Law No. (28) of 2005 regarding the Personal Status Law stipulates that divorce proceedings may not be heard in the Personal Status Court unless they have been referred to the Family Guidance Committee.

If reconciliation is reached between the spouses, this reconciliation must be documented in the court minutes, signed by both parties, and then approved by the competent judge.

The memorandum indicated that the mediation letter and the settlement document have the force of an enforceable document and cannot be challenged in any way unless they violate the law.

• Family Reform Committees

Required The law establishes one or more family affairs steering committees within the Personal Status Court, as determined by the court president. Each committee will be supervised by judges, taking into account the following points:

– Personal status disputes, except for urgent temporary cases such as wills, inheritance, alimony, marriage certificates, divorce certificates, custody, and lawsuits to prove marriage or divorce.

Providing advice on personal status issues upon the request of the court concerned with the case.

– Considering the cases referred by the competent court after the approval of the parties to the case.

– Ruling on family cases based on decisions of a competent court.

– Considering personal status cases that have not been previously discussed.

What are the tasks of family guidance committees?

maybe Family guidance committees may only begin work in person or using remote communication technology.

If settlement is not possible and the two parties do not agree, the Authority will issue an electronic or paper certificate.

Determine The committee considers applications that have been previously discussed and not resolved.

If no dispute is raised within two months from the date of registration, the Authority will file the dispute.

What are family guidance agreements?

– He should Drafting the terms of the agreement according to the following conditions:

–  The wording should be clear and free of ambiguity or vagueness.

– The terms must clearly reveal the intention and will of the parties and have only one meaning.

– The agreement must be consistent with and not violate the Personal Status Law.

– The terms of the agreement must be consistent with public morals and public order.

– You do The Family Guidance and Reform Department has the following tasks:

– Recording disputes in the registry after ensuring that there are no previous disputes between the same parties.

– If there is a previous dispute, the latest dispute is added to the previous dispute.

– Notifying the divorced woman of the divorce signed by the husband before the judge in her absence.

– Notifying the wife, in the event of her absence, of the return, certified by the husband’s testimony during the waiting period.

What are the conditions for appointing family guidance?

He should Those appointed as family guidance counselors must take an oath before the head of the court. They may only be appointed if the following conditions are met:

Hold a university degree in Sharia, sociology or psychology from a university recognized in the country.

Familiarity According to the provisions of Islamic Sharia law on family affairs and the provisions of personal status law that be married unless Under twenty-five years old

that He must be of good conduct and behavior and has never been convicted of a felony or crime involving dishonor or dishonesty unless he has been reformed or pardoned.

If there are any other conditions, they will be determined by the Director of Courts.

What are the duties of a family counselor?

• Family guidance workers must adhere to the following guidelines:
• Only disputes registered with the Family Reform and Guidance Department are considered.
• Listening and accepting all parties to the conflict, regardless of nationality, religion or sect.
• Recording the statements of the parties to the divorce or the rights of any party
• The record is submitted to the Family Guidance and Reform Department, and one party acknowledges any financial rights of the other party in relation to the dispute.
• Sign the family guidance record and ensure that both parties sign.
• If one of the parties refuses to sign the minutes, this must be proven.

Assignment The parties to the dispute shall submit any documents related to the subject of the dispute, such as a marriage contract, divorce documents, or any other final court ruling between the parties.

Stay away About anything that harms his professional reputation or casts doubt on his reputation

• Not to be exposed to any religious or sectarian disputes that may arise between the two parties.
• Not to deviate from the message of reform and guidance.
• Refrain from reporting any abuse, insult, or humiliation sent by one party to the other.
• Not to discuss any issues unrelated to the dispute between the two parties.
• He shall not be judged as a family counsellor in personal status cases that he previously considered.

What are the family reconciliation services in Dubai courts?

According to accordance with the legal provisions for establishing family affairs guidance committees in personal status courts, and based on Resolution No. (3) of 2021 approving the Dubai Courts’ Guide to Regulatory Procedures for Personal Status Cases, Dubai Courts aim to provide family reforms to enable litigants, husband and wife, to resort to family guidance and resolve family disputes to the extent possible before resorting to the judiciary.

And The Family Guidance Department of the Dubai Courts has set certain conditions within its jurisdiction, which include:

– One of the spouses must be a citizen, resident, or employee in the Emirate of Dubai.

– Show the original ID of the concerned party.

– Applicants must have completed 21 lunar years.

– If the party is under 21 years of age, a guardian or trustee must act on his or her behalf.

– Documents submitted electronically must be in PDF format.

– Documents must be legally translated into Arabic by a legal translator or entity accredited by the UAE Ministry of Justice.

– If the document is issued abroad, it must be certified by an official authority.

Given the above, it’s essential to consult the best lawyer in Dubai for legal advice related to your lawsuit. At Samaha Law Firm and Legal Consultancy, Law Firm, we offer optimal solutions for all matters related to family guidance and personal status law. Please feel free to contact us via various communication channels.

You could Now request a consultation or present your case by contacting us via the whatsapp or Through our Facebook.

What you need to know about child custody according to UAE law ,It is considered Child custody is a matter of utmost importance in the UAE, especially with the increase in disputes between parents that often lead to divorce.

This establishes a legal framework that guarantees child custody, full care, and the necessary rights even if their parents separate. Child custody law guarantees children’s full rights until they reach the age of legal responsibility.

We explore the meaning of child custody and the requirements that must be met by the custodian, in addition to some other legal matters that we will discuss in detail.

What is meant by child custody?

Child custody refers to the relationship between a child and a parent or guardian, whether legal or practical, for the purpose of caring for, supporting, and making decisions on the child’s behalf.

– Custody from a legal perspective: It includes taking measures related to the child’s important rights in life, such as choosing a school, medical treatment, counseling, religion, and other life matters.

– Physical or material custody: The right to make decisions related to the child’s daily life, including the right to make decisions related to his or her daily life. It can include joint custody, which is the right of spouses to make joint decisions so that the child resides with each of them for a specified period based on an agreement between them, as well as non-parental custody and other types of custody.

Child custody in UAE law

UAE legislation stipulates child custody provisions in Chapter Two of Part Four of Federal Law No. 28 of 2005 regarding personal status.

142 of the Child Custody Law stipulates that the child’s upbringing and care should be maintained in accordance with the guardian’s rights. This reflects the importance of child custody and its role in fully preserving the child’s body, health, and morals, in addition to caring for the child and raising him with virtuous values ​​and morals so that he becomes a good person who benefits himself, his family, and society in the future.

inDuring childhood, a child is in dire need of someone to care for him and provide him with everything he needs in life and livelihood. Parents are the closest to him during this period, responsible for looking after his interests and showing him compassion in society.

grantedCustody of children is given to mothers from the beginning, as the mother is the one who carried, gave birth and breastfed the child, and thus is the most compassionate and merciful to the child.

asThey are more patient than others, enduring all the hardships and difficulties to secure custody of their children. To prove a mother’s right to custody, she must meet certain conditions in addition to the general requirements for a custodian, which we will discuss later.

fromAmong these conditions, the mother must be of the same religion as the child in custody. According to Article 145 of the Personal Status Law, the mother’s custody is dropped if she is of a different religion than the child in custody. However, if the Personal Status Court decides otherwise for the benefit of the child in custody, custody of the children may be granted to her immediately.

What are the conditions that must be met by both the custodian and the custodian?

Child custody is a high degree of awareness and responsibility to ensure that the child receives the necessary care from the guardian or custodian, whether male or female.

Articles 143 and 144 of the UAE Personal Status Law stipulate the general and specific conditions that must be met by the custodian, male or female, as follows:

-The custodian must be sane.

-The custodian must be of legal age.

– The custodian must be trustworthy.

-The custodian must be able to raise the child, care for him, and take care of his life affairs.

– To be free from serious infectious diseases.

– He must not have been previously convicted of any honor crimes.

If the incubator is a woman

She may not be married to a foreigner than the child in custody, and her religion must not differ from the child’s religion. However, if the court decides otherwise for the benefit of the child, she will have custody of the children.

If the custodian is a man

He must have a woman who is suitable for taking care of and nurturing the children, and he must also be religious towards the children.

Conditions for the child to travel with the custodian

-UAE Personal Status Law No. 28 of 2005 sets out a number of conditions related to a child traveling with a guardian or custodian, as follows:

– The custodian, whether male or female, may not travel with the child in custody outside the country unless there is a written text indicating the guardian’s consent. If the guardian refuses to consent, the matter may be referred to the judge for a decision, which may lead to the loss of custody.

-The custodian, especially if she is the mother, is not permitted to travel with her child or move him from the marital home to any other place except with written permission from his father, if the marriage is still ongoing or the mother is in the waiting period following a revocable divorce.

-A mother may move her child to another country after divorce, provided that this move does not affect the child’s upbringing or cause harm to the father, and does not require him to make unusual trips to check on his son’s well-being.

-A custodian other than the mother may not travel with the child except with written permission from his guardian.

– As for the father, he or any other guardian may not travel with the child during the custody period except with written permission from the custodian.

– A mother who has been irrevocably divorced may lose custody of her children if she wants to move due to the father moving to a country other than the one —–where the custodial mother resides, provided that the purpose of the move is stability and that it does not cause any harm to the mother. In addition, the distance between the two countries must be such that the mother can see the child and return on the same day using regular means of transportation. This is what the recent amendments to the UAE Child Custody and Personal Status Law stipulate.

Now you can seek the help of the best personal status lawyers in Abu Dhabi, Dubai and all other emirates to get advice on everything related to child custody and all other personal status issues.

Samaha Lawyers & Legal Consultants is one of the best law firms specialized in this type of personal status cases in the United Arab Emirates such as divorce, inheritance, wills, etc. divorce, custody, alimony and other personal status cases.

The office is known for its best legal consultants specializing in personal status matters in the UAE, who follow up all procedures and cases before the Dubai Personal Status Court, which is known as the Family Law Court, the Sharjah Personal Status Court, and all Sharia courts in the UAE.

Now, request a consultation, present your case, or contract with the best personal status lawyer in Dubai by contacting us on the numbers orThrough our Facebook page .

Dates The process of attesting and authenticating certificates in Dubai involves multiple stages to ensure the validity of documents and certificates for use in any other country. They must be stamped and signed by the relevant authorities.

we At Samaha Law Firm and Legal Consultancy, we provide high-quality certificate attestation services using the best possible methods, for both citizens and residents living outside the country.

ratification Attestation of documents and certificates in the UAE requires several steps and includes numerous documents. Here is a list of the most important documents that require attestation:

– Passport photos

-Marriage contracts

– Appointment of commercial agents

– Withdraw partnerships

– Issuing clearance certificates

– Individual service contracts with some consulates

To get To have certificates and documents attested, the applicant must first appear before a notary public at the Dubai Courts, then before the Ministry of Justice, and finally before the Ministry of Foreign Affairs.

but With Samaha for Law and Legal Consultations, you can obtain the certificate attestation service in the shortest possible time and with the highest possible quality.

Authentications Legal certifications and certificate attestation in Dubai

Firstly Ministry of Justice certifications

Includes Verification of the authenticity of the signature attached to the document by a certified legal notary public in the presence of all persons authorized to sign in person.

And allows The Ministry of Justice also approves the authenticity of a signature on a document by any person in the absence of the document owner himself.

In addition, Samaha Law Firm and Legal Consultancy, Law Firm and Legal Consultations provides legal translation services, including legal seal certification, signing of the translated document, certification of its authenticity, and submission to the Ministry of Justice for approval.

To be able to To obtain the office stamp and signature on the documents to be translated, the original document must be submitted by an agent, issued within the UAE, or pre-certified by the UAE Ministry of Foreign Affairs.

secondly Ministry of Foreign Affairs attestations

Requires UAE laws require attestation of certificates and all essential documents, such as birth and marriage certificates, academic transcripts, or any other supporting documents required for applying for work, residency, employment contracts, and similar documents in Dubai, by the relevant UAE authorities. The attestation is then performed by the country’s consulate in Dubai, and then by the attestation office at the Ministry of Foreign Affairs in Dubai.

What types of documents need to be certified?

There are two types of documents that must be certified, which are as follows:

• Incoming documents

According to UAE federal law, applicants for residency must submit documents authenticated by the Ministry of Foreign Affairs in the country of issuance. These documents also require attestation by the Ministry of Foreign Affairs’ attestation office in Dubai or Abu Dhabi.

To apply for a certificate attestation service in Dubai, the applicant must bring the original documents, the required fees, and their passport.

• External documents

Individuals leaving the UAE must obtain a certificate attested by a government department. The Ministry of Foreign Affairs is the highest authority in the country and has full authority to attest documents related to any activity within the country.

The UAE Ministry of Foreign Affairs is responsible for authenticating and certifying certificates such as birth certificates, marriage certificates, withdrawal certificates from a partnership or company, customs clearance documents, domestic worker contracts, and commercial establishment certificates, in addition to many other types of certificates.

ratification University degrees in Dubai

In addition to the above, Samaha Law Firm and Legal Consultancy, provides university degree attestation services in the United Arab Emirates.

Some jobs require expatriates to submit academic certificates to complete residency and work procedures. Therefore, expatriates must ensure that their certificates are duly authenticated in their home country, first by the Ministry of Foreign Affairs and then by the UAE embassy or consulate.

Also, some jobs in the UAE require equivalent qualifications certified and issued by higher education institutions accredited and licensed by the Ministry of Education.

stages Academic certificate authentication in the UAE is done as follows:

• Create an account and log in to the website.
• Fill out the application electronically.
• Payment.
• Receive transactions, settle documents, and store application data in electronic programs.
• Authentication of certificates, academic qualifications, and signatures of the center’s employees.

If the transaction requires correspondence, the employees first write to the cultural commissioner and the country’s embassy abroad.

Once The response is received and sent to a locally accredited higher education institution within the country to complete the student admission process. A decision will be made regarding the application, whether approved or declined. The application is then completed and notified to customer service centers electronically. The next step is to submit all certificate authentication files to postal employees, along with a report detailing the number of transactions.

from Is it the best office for attesting certificates?

It is considered Samaha Law Firm and Legal Consultancy, is one of the most prominent offices accredited for attestation of certificates in the UAE and Dubai. The office offers a wide range of certificate and document attestation services of the highest quality and in the fastest possible time.

from Among the certificate attestation services in the United Arab Emirates provided by the office:

• Introducing a new partner
• commercial register
• Brands
• Financial budget
• Commercial agencies, whether private or public
• Amendment to the capital share
• Commercial license
• Membership certificate
• Chamber of Commerce membership certificate
• Board of Directors Resolution
• Articles of Association
• Opening a new branch for a foreign company within the country
• Opening a new branch of the local company outside the country

In addition, invoices issued in the UAE are approved by the Chamber of Commerce and Industry, while invoices issued abroad are authenticated by the Ministry of Foreign Affairs and the UAE embassy in the country in which the invoice was issued.

The Ministry of Foreign Affairs of the United Arab Emirates offers a special service certificate for people with special needs called “Authentication is with you” to provide a quick service for authenticating their documents without having to go to the certification center.

service Certificate verification

Mission The primary purpose of the “Certificate Attestation Service” is to facilitate the process of authenticating documents, transactions, and reference documents, and then sending them to the UAE embassy abroad or to the Ministry of Foreign Affairs in the country where the transaction was issued, if necessary.

And In conclusion, Samaha Law Firm and Legal Consultancy, is the ideal choice for attestation of certificates in Dubai and the United Arab Emirates in general, as we provide services as quickly as possible and in a legal manner.

To get For consultation or to present your case, you can contact us via the  whatsapp or Through our Facebook .

In the UAE, a preliminary sales contract is a preliminary agreement expressing the parties’ intent to complete the sale and purchase transaction, but it is not a final contract. A preliminary sales contract can be revoked, but this depends on the terms of the contract itself and any relevant laws regulating this type of contract.

According to the UAE Civil Transactions Law, the preliminary contract is a customary contract that does not officially establish ownership of the sold item. It may be revoked in the following cases:

The buyer’s right to cancel the sales contract:

1. If it is stated in the sales contract that the buyer has sufficient knowledge of the item sold, negating gross ignorance, by stating its conditions and distinguishing characteristics, and the buyer proves that the seller has deceived him.
2. Sale on trial basis with agreement on a known period or according to the usual period.andDuring the trial period, the buyer may approve or withdraw the sale contract, after notifying the seller.
3. If the sold item is destroyed in the buyer’s possession before delivery due to a reason beyond his control, the seller is liable for it, or the buyer may withdraw from the sale.
4. If the buyer loses his legal capacity before authorizing the sale, the guardian, trustee or curator may withdraw from the contract. The emergence of a third party’s right to the sold item, and the reason for the entitlement was prior to the sale contract, or the entitlement was based on a cause that occurred after the sale and resulted from his action.
5. If a hidden defect (legal or structural) appears in the sold item that was present before the sale, or occurred after it while it was in the seller’s possession before delivery, or occurred in the buyer’s possession due to an old defect, provided that six months have passed since receiving the sold item, unless the buyer proves that concealing the defect was due to fraud on the part of the seller.
6. onThe buyer has the right to terminate the sales contract for failure to deliver in accordance with the legal form, without a legitimate justification, or if this is not possible for a reason attributable to the seller.

Seller return cases:

The buyer fails to pay the price or complete it according to the agreed upon dates, without a legal justification, despite the seller notifying him, unless they agree otherwise.

• If the buyer takes possession of the sold item without the seller’s permission and before paying the price.
• If the buyer dies bankrupt before receiving the sold item and paying the price, after notifying the heirs.

If the sale is for deferred payment, and it becomes clear, when the time for payment has arrived, that the price of the item sold has changed, either by an increase or a decrease, due to a change in prices, it is permissible to withdraw from the contract or complete it according to the new prices.

Terms of the preliminary contract:

• If the contract contains a clear clause that allows either party to withdraw or imposes a financial penalty on the party that withdraws, the contract must be adhered to.
• If there is no clear condition allowing withdrawal, it may require negotiation with the other party or legal consequences.

Deposit or Withdrawal

If a deposit is paid as part of the agreement, the withdrawal of one party may result in the loss of the deposit (if they are the withdrawing party) or the other party being obligated to return it doubled (if they are the party that breached the contract), in accordance with the provisions of the UAE Civil Code.

Local laws:

• According to UAE Civil Law, contracts are binding upon signing if they meet the legal requirements, unless it is expressly agreed that the preliminary contract does not bind the parties until the final contract is signed.
• In the event of a dispute regarding the withdrawal from the preliminary contract, the case may be brought before a court to consider the legality of the withdrawal.

    Real estate contracts:

If the preliminary contract relates to the sale of a property, you should check the instructions issued by the Land Department in the relevant emirate (such as Dubai or Abu Dhabi), as there are specific regulations for preliminary contracts in the real estate sector.