Petition to reconsider the Court of Cassation ruling in the UAE
November 13, 2025in Lawyers & Legal Consultants

Petition to reconsider the Court of Cassation ruling in the UAE

A petition for reconsideration of a cassation judgment in the UAE is one of the exceptional legal avenues provided by the legislator to challenge certain final judgments.

A petition for reconsideration of a cassation judgment in the UAE is filed under specific and precise conditions and cases outlined in the Civil Procedures Law.

Although Cassation Court judgments are considered final and conclusive and are not subject to appeal, UAE law has created a small window to allow for reconsideration if it is proven that there was fraud, forgery, or the emergence of new, conclusive evidence that would change the court’s decision.

What Is a Petition for Reconsideration of a Cassation Judgment in the UAE?

A petition for reconsideration of a cassation judgment in the UAE is considered one of the exceptional legal methods allowed by UAE law to challenge final and conclusive judgments, but under strict and specific conditions.

Article 189 of the UAE Civil Procedures Law stipulates that Cassation Court judgments cannot be appealed in any way, with the exception of those issued on the merits of the dispute.

A petition for reconsideration of a cassation judgment in the UAE can be filed if one of the cases stipulated in the first three clauses of Article 171 of the same law is met.

These cases include:

  • Material fraud committed by one of the litigants that had a direct effect on the court’s judgment.
  • A judgment issued based on documents or testimonies that are proven to be forged or manipulated after the judgment was issued.
  • The discovery of new, conclusive documents in the lawsuit that the petitioner was previously unable to present.

With the help of a specialized lawyer like Samaha Legal Consultancy, you can file a petition for reconsideration of a cassation judgment in the UAE in a legal manner and understand the specific cassation rulings related to it.

As for the other cases stipulated in Article 171, such as a judgment ordering something not requested, a contradiction in the judgment’s wording, or a judgment issued against a party who was not properly represented, they cannot be relied upon to file a petition for reconsideration of a cassation judgment in the UAE.

The petition must be submitted according to the procedures set out in the chapter on petitions for reconsideration.

This lawsuit must be filed within one month from the date of discovering the legal basis that allows for filing the petition, whether that date is the discovery of the fraud, the issuance of a judgment confirming forgery, or the emergence of new conclusive evidence.

This specific time frame and procedure serve as a legal guarantee to achieve justice without undermining the finality of conclusive judgments.

What Are the Cassation Rulings Regarding a Petition for Reconsideration in the UAE?

The Cassation Court in the UAE has established a stable legal principle that its judgments are final and conclusive and cannot be appealed through any traditional method, except when the judgment relates to the merits of the dispute.

This is the only exception in the law where a petition for reconsideration of a cassation judgment in the UAE can be filed, under narrow and limited conditions and according to judicial precedents.

The petition is not accepted for procedural decisions issued by the Cassation Court, such as those rejecting an appeal or ruling that it is inadmissible or not accepted, as they relate to public order and do not affect the substance of the dispute.

However, in cases where the court rules on the merits of the lawsuit, those judgments, although final and conclusive, may be subject to a petition for reconsideration of a cassation judgment in the UAE if one of the three cases stipulated in Article 171 of the Civil Procedures Law is met, such as fraud, forgery, or conclusive documents.

Thus, challenging a cassation judgment through a petition for reconsideration of a cassation judgment in the UAE is a precise exception that requires the fulfillment of two fundamental conditions: first, that the judgment was issued on the merits of the dispute, and second, that one of the exclusive legal grounds is proven.

With the help of Samaha Legal Consultancy, you can understand the specific conditions and rulings for a petition for reconsideration of a cassation judgment in the UAE.

What Are the Procedures for Filing a Petition for Reconsideration of a Cassation Judgment in the UAE?

A petition for reconsideration of a cassation judgment in the UAE is considered an extraordinary method of appeal in civil and criminal judgments.

Its purpose is to correct errors related to factual assessments that affect final and conclusive judgments.

If one of the legal cases that permit an appeal for reconsideration of a civil judgment is met, a request can be filed.

A petition for reconsideration of a cassation judgment in the UAE can be filed with the assistance of a specialized firm like Samaha Legal Consultancy by following these steps:

  1. The petition statement submitted by one of the litigants is deposited with the case management office according to the established procedures for filing a lawsuit.
  2. The petition statement must include details of the judgment being petitioned and its date, in addition to explaining the reasons for the petition, which must be based on the legal grounds and cases, otherwise the request will not be considered acceptable.
  3. A judicial session is held before the competent court to review the request. The court may even be composed of the same judges who previously issued the challenged judgment.
  4. The request must be accompanied by proof of a deposit of AED 500 as a security, which will be confiscated if the request is rejected, ruled inadmissible, or not accepted.

As for filing a petition for reconsideration of a cassation judgment in the UAE in criminal cases, the procedures for submission vary depending on whether it is submitted by the Public Prosecutor or the convicted person.

If the petitioner is not the Public Prosecutor, they must submit a petition to the Public Prosecutor with a statement explaining the judgment to be reconsidered and the case it is based on, along with supporting documents.

The Public Prosecutor then conducts the necessary investigations and submits the documents within the following three months, accompanied by a report clarifying their opinion and the reasons behind it.

However, if the appeal is filed by the Public Prosecutor, the procedures are limited to submitting the request with the investigations conducted, to the Criminal Cassation Department through a report that clarifies their opinion and the reasons for it.

What Is the Role of a Specialized Lawyer, like Samaha Legal Consultancy, in a Petition for Reconsideration of a Cassation Judgment in the UAE?

A specialized lawyer from Samaha Legal Consultancy, through a competent and professional legal team, plays a pivotal role in the success of a petition for reconsideration of a cassation judgment in the UAE due to the exceptional nature of this appeal and the required legal precision. The most important tasks of a specialized lawyer from Samaha Legal Consultancy are:

  • Initial Legal Assessment: The specialized lawyer analyzes the judgment to verify its eligibility for challenge based on the three exclusive legal cases: fraud, forgery, and conclusive documents.
  • Drafting the Petition Statement: The specialized lawyer takes on the task of preparing a comprehensive legal memorandum that includes the judgment details, the reasons for the petition, and the supporting evidence, in accordance with the requirements of Article 171 of the Civil Procedures Law.
  • Adherence to Deadlines and Required Procedures: The specialized lawyer is keen to submit the request within the legal deadline of one month from the date the legal reason appeared, along with attaching all required documents and paying the AED 500 security deposit.
  • Representing the Client Before the Court: The specialized lawyer attends the sessions, presents their legal arguments, and counters the opposing arguments, which enhances the chances of the petition being accepted both formally and substantively.
  • Following Up on the Case Until the Final Decision: The specialized lawyer follows up on the case from the stage of submitting the request until the final judgment is issued, and submits any supplementary documents requested by the court.

With the help of a specialized lawyer like Samaha Legal Consultancy, you can file a petition for reconsideration of a cassation judgment in the UAE in a legal manner and understand the specific cassation rulings related to it. Contact Us.

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Eviction Lawsuit for Non-Payment of Rent in the UAE
November 13, 2025in Lawyers & Legal Consultants

Eviction Lawsuit for Non-Payment of Rent in the UAE

An eviction lawsuit for non-payment of rent in the UAE is one of the most common types of cases heard before the Rental Disputes Settlement Committees in the country.

What is an eviction lawsuit for non-payment of rent in the UAE? And what rental law governs it? This article will address these questions.

An eviction lawsuit for non-payment of rent in the UAE varies from one emirate to another, according to the local law that regulates the rental relationship between the landlord and the tenant.

In this article, we will compare the eviction lawsuit for non-payment of rent in the two emirates of Abu Dhabi and Dubai.

Eviction Lawsuit for Non-Payment of Rent in Abu Dhabi

According to the provisions of the Rental Law in Abu Dhabi, the tenant is obligated to pay the agreed-upon rent in the lease agreement to the landlord as follows:

  • The tenant must pay the rent within 21 days from the written agreed-upon due date if the purpose of the lease is residential.
  • If the purpose of the lease is for commercial, industrial, or professional activities, the tenant must pay the rent within 30 days from the written agreed-upon due date.
  • The Abu Dhabi Rental Law considers a receipt showing the rent value and date as prima facie evidence of payment for all previous periods.
  • In the absence of a written agreement on the rent payment date, the first day of every month is considered the due date.

Consequently, if the tenant fails to pay the rent on the scheduled dates, the landlord has the right to request the eviction of the tenant from the leased property before the Rental Disputes Settlement Committee in Abu Dhabi.

This committee must hear the case as quickly as possible and issue a judgment, either for eviction or to allow the tenant to remain if they prove that they have paid the rent due or provide justifications acceptable to the court.

Furthermore, both the landlord and the tenant have the possibility to appeal the judgment issued by the Rental Disputes Settlement Committee before the Appeals Committee, provided that the value of the lawsuit exceeds AED 100,000.

This is done in accordance with the procedures of the UAE Civil Procedures Law, i.e., within 15 days from the date of the judgment’s pronouncement in the defendant’s presence, or from the date of its notification to the absent convicted party.

Eviction Lawsuit for Non-Payment of Rent in Dubai

The Dubai Rental Law has specified the cases in which a landlord has the right to request the eviction of a tenant from a property before the end of the lease term.

Among these cases is when the tenant fails to pay the rent within 30 days from the date the landlord notifies them to pay, unless the two parties have agreed otherwise.

The landlord files the eviction lawsuit before the Rental Disputes Settlement Centre in Dubai, which is obligated to hear the case expeditiously.

Decree No. 26 of 2013 regarding the Commercial Disputes Settlement Centre in the Emirate of Dubai obligates the committees formed under its provisions to rule on lawsuits within a period not exceeding 30 days from the date the lawsuit is referred to them, unless there are compelling reasons to extend it further.

It also gives both the landlord and the tenant the possibility to appeal judgments issued by these committees if the value of the lawsuit exceeds AED 100,000.

However, an exception is made for cases where a judgment of eviction is issued, regardless of the lawsuit’s value. In such cases, both the tenant and the landlord have the possibility to appeal the eviction judgment before the appellate division, even if it is for less than AED 100,000.

Rental Law in the UAE

The UAE legislator has not issued a federal law to regulate rentals at the state level.
Instead, it has given each emirate the freedom to do so. Each of the seven emirates has issued its own law or decree to regulate the rental relationship between the landlord and the tenant within its territory.

To study an eviction lawsuit for non-payment of rent in the UAE, we must examine it according to the local rental law in each emirate.

However, the different rental laws in the UAE agree on the reasons that necessitate the eviction of a tenant due to non-payment of rent.

In most cases, they obligate the landlord to notify the tenant to pay the rent within a specified period, which is often 30 days from the due date agreed upon in the contract. If there is no payment date, the first of every month is considered the due date.

The landlord has the right to request eviction if the tenant does not pay the rent after the notice period has expired.

The procedures for filing a lawsuit before the Rental Disputes Settlement Committee in each emirate are almost identical, as the general law to be applied is the UAE Civil Procedures Law for the necessary procedures for litigation before these committees, in case there is no specific provision in the local rental laws.

The appeal period is almost uniform among all local laws, as the parties to the dispute must appeal judgments issued by the first-instance committees within 15 days from the date of the judgment’s pronouncement in the defendant’s presence, or from the date of its notification to the absent convicted party.

Thus, we have reached the end of our article on eviction lawsuits for non-payment of rent in the UAE.

We, Samaha Law Firm, have clarified the differences in this lawsuit among the seven emirates according to the local law governing the rental relationship in each emirate, and the connection of these laws with the UAE Civil Procedures Law. Contact Us.

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Divorce by mutual consent in the UAE
November 11, 2025in Lawyers & Legal Consultants

Divorce by mutual consent in the UAE

Divorce by mutual consent in the UAE is a legal process that allows a couple to end their marriage amicably, without contentious court battles. This type of divorce requires both spouses to fully agree on all terms of the separation, including the division of assets, child custody (if applicable), and alimony.

The process typically begins with filing a request with the competent court. The couple prepares a detailed divorce agreement outlining all the terms they have agreed upon. The court then reviews the agreement to ensure it aligns with local laws and serves the best interests of any children from the marriage before issuing a divorce judgment.

Conditions for Divorce by Mutual Consent in the UAE

The conditions for divorce by mutual consent can be categorized as both formal and substantive:

  • Writing and Language: The agreement must be written in Arabic and filed with the court. While it can be translated into another language if one or both spouses are expatriates, the original Arabic version must be the official one.
  • Signatures: The agreement must be signed by both parties, either in person or by a special legal representative, such as a lawyer from a specialized firm like Samaha Legal Consultancy.
  • Clarity of Wording: The legal phrasing of the agreement must be clear, precise, and specific, leaving no room for misinterpretation regarding the spouses’ agreement to divorce or the specific terms and conditions.
  • Financial Settlement: The agreement must include a statement from the wife acknowledging the settlement of any financial claims against the husband, or it must contain specific provisions for settling those claims.
  • Waiver of Appeal: The agreement must include a pledge from both parties to waive their right to appeal the divorce judgment after it is issued.
  • Documentation: The agreement must be formally documented in the appropriate legal manner for both parties.

Samaha Legal Consultancy can assist you in understanding all the conditions for divorce by mutual consent in the UAE and how to implement them correctly.

Procedures for Divorce by Mutual Consent in the UAE

The procedures for divorce by mutual consent are straightforward and free of any legal or procedural complications. They can be summarized as follows:

  1. File at the Family Guidance Office: The divorce lawsuit is registered at the Family Guidance Office, which is part of the competent court. The spouses’ agreement to divorce does not override the office’s efforts to reconcile them.
  2. Submit Documents: The marriage certificate and the IDs of both parties must be submitted.
  3. Attend the Session: Both parties must attend the session at the Family Guidance Office and present the mutual consent divorce agreement. If the agreement is signed by a special legal representative, such as a lawyer from Samaha Legal Consultancy, their ID and special power of attorney must be attached.
  4. Referral to Court: If reconciliation efforts fail, the case file and all its documents are transferred to the competent court.
  5. Issuance of Judgment: Once the competent court confirms the parties’ desire for divorce and verifies that the required documents have been submitted, it issues the divorce judgment.

The mutual consent divorce agreement must contain the following clauses:

  • The parties’ agreement to amicably end the marital relationship.
  • A statement confirming any previous divorces between them or the lack thereof.
  • A decision on child custody for the appropriate party.
  • The financial obligations that the husband must pay to the wife after the divorce.
  • The wife’s rights after the mutual consent divorce is finalized.

Wife’s Rights after a Mutual Consent Divorce in the UAE

The wife’s rights after a mutual consent divorce are designed to achieve fairness and protect the rights of all parties. The most important of these rights are:

  • Alimony (Nafaqah): The wife is entitled to alimony during her waiting period (Iddah), as it is considered one of her fundamental rights.
  • Child Custody: If there are children, custody rights are determined based on the children’s best interests.
    The law also gives great importance to the father’s right to see the children and the mother’s right to visitation if she is not the custodial parent.
  • Dowry (Mahr): The dowry is considered the wife’s right. If only a portion of it has been paid, she has the full right to claim the remainder.
  • Financial Settlement: The parties can agree on a financial settlement that includes any other rights, such as asset division or compensation for damages.
  • Legal Registration: It is very important to officially register the divorce agreement to guarantee each party’s rights in the future.

Sample Mutual Consent Divorce Agreement in the UAE

Samaha Legal Consultancy provides an ideal sample for a mutual consent divorce agreement as follows:

On this date: [Date], this agreement was concluded between the two parties:

  • First Party: Mr. [Name], the husband, of nationality [Nationality] and residing at [Address].
  • Second Party: Mrs. [Name], the wife, of nationality [Nationality] and residing at [Address].

Preamble: Whereas both parties wish to terminate their marriage contract, which is documented under No. [Number] on [Date], due to their inability to continue the marital life and having reached an impasse. Therefore, the parties have agreed as follows:

  1. The preamble to this agreement is considered an integral part of it.
  2. The First Party divorces the Second Party with a single divorce.
  3. The Second Party receives the full deferred dowry and waives all her rights related to alimony and home furnishings.
  4. Custody is granted to the Second Party.
  5. The First Party must provide alimony for the child in the custody of the Second Party.
  6. The First Party has the right to visit the child at the Second Party’s residence twice a week, on [Day] and [Day], from [Time] to [Time].
  7. Decisions related to the child’s upbringing and education will be made jointly by both parties.
  8. The Second Party does not have the right to travel with the child without the First Party’s consent.

This agreement has been prepared in two copies, with each party receiving one.

First Party (Husband): [Name] | Signature: [Signature] Second Party (Wife): [Name] | Signature: [Signature]

For assistance with all matters related to mutual consent divorce in the UAE and to ensure they are handled correctly, you can contact a specialized lawyer from Samaha Legal Consultancy.

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Termination of a Sale Contract under UAE Law
November 9, 2025in Lawyers & Legal Consultants

Termination of a Sale Contract under UAE Law

What is the definition of termination of a sale contract under UAE law ?

Termination of a sale contract under UAE law, according to the legislation in the United Arab Emirates, is the cancellation of a valid contract due to a fundamental breach by one of the parties, resulting in restoring the situation to its state prior to the contract. Pursuant to Article 272 of Federal Law No. 5 of 1985 on Civil Transactions and its amendments, termination occurs under the following conditions:

  1. A substantial breach by one of the contracting parties, such as failure to deliver the sold item or refusal to pay the agreed price.

  2. Sending a formal notice to the breaching party, granting them a reasonable period to perform before requesting termination.

  3. The breach must not be due to force majeure or a legitimate excuse beyond the control of the breaching party.

Conditions for Terminating a Sale Contract under UAE Law Due to Non-Delivery

To terminate a sale contract under UAE law, there are specific regulations ensuring a balance between the rights of the seller and the buyer, which the court verifies before issuing a judgment. These include:

  1. Non-delivery is considered a substantial breach, especially if the seller was bound to deliver at a specific time and failed to do so.

  2. The contract must be legally valid, meeting all essential requirements, and properly documented.

  3. The buyer must serve the seller with a formal notice demanding delivery or termination, as required by Article 272 of the UAE Civil Transactions Law.

  4. The breach must not be due to force majeure or an excusable circumstance.

  5. The seller must have been obligated to deliver the sold item within the agreed time.

  6. The seller must have delayed delivery beyond the agreed deadline.

  7. The buyer must not have contributed to the failure of delivery.

Practical Examples of Termination of a Sale Contract in UAE Law

Examples include:

  1. The court ruled that if the seller fails to deliver the sold item on the agreed date, the buyer has the right to terminate the contract without further justification.

  2. If the sold item perishes before delivery due to force majeure, the contract is automatically terminated, and the seller must refund the price if it has been paid in advance.

Steps to File a Lawsuit for Termination of a Sale Contract in UAE Law Due to Non-Delivery

If the seller fails to fulfill their obligation to deliver, the buyer may file a lawsuit for termination under UAE law through the following steps:

  1. Drafting a statement of claim including parties’ details, facts of the dispute, reasons for termination, and legal requests.

  2. Attaching supporting documents such as a copy of the contract, proof of payment, and copies of notices or correspondence evidencing the breach.

  3. Registering the lawsuit with the competent court either electronically or in person, and paying the prescribed fees.

  4. Serving the defendant legally to notify them of the hearing date.

  5. Attending hearings and submitting pleadings until a judgment is issued either granting termination or rejecting the claim.

When Does the Court Reject a Termination Claim in UAE Law?

Termination of a sale contract is not granted automatically; the court may reject the claim if the legal conditions of Article 272 of the Civil Transactions Law are not met, such as:

  1. If the seller has been granted a contractual grace period for delivery and that period has not expired.

  2. Filing the lawsuit before the due date of performance, making the claim premature.

  3. Existence of a legitimate excuse or force majeure preventing performance, such as natural disasters or recognized unforeseen circumstances.

Legal Consequences of Termination of a Sale Contract under UAE Law

Termination of a sale contract results in restoring balance between the parties and stabilizing transactions, including:

  1. Refund of the amount paid

    the price is refunded to the party who paid it.

  2. Compensation for damages

    the aggrieved party has the right to claim compensation for losses caused by termination.

  3. Restoration to the pre-contract position

    both parties are returned to their state prior to the contract, and mutual obligations are nullified.

Sample Statement of Claim for Termination of a Sale Contract under UAE Law

When filing a lawsuit for termination, the claim must be drafted in a clear legal format pursuant to the UAE Civil Procedure Law. Example:

Case: Termination of a Sale Contract under UAE Law
To: The Court of First Instance
Plaintiff: Mr. ………, Address ………, represented by Attorney ………
Defendant: Mr. ………, Address ………

Subject

Termination of Sale Contract for Non-Delivery

Facts of the Case:

My client entered into a sale contract with the defendant to purchase a quantity of wheat. The agreement stipulated payment of 40% of the price upfront, after which the seller would deliver the wheat. Upon receipt and inspection, the buyer would pay the remaining 60% within 45 days of contract execution. My client paid the 40% as agreed. Upon expiry of the deadline, my client notified the defendant to deliver the goods to proceed with the remaining payment. However, the defendant delayed delivery and only supplied 30% of the agreed quantity, thereby breaching his contractual obligations. This entitles my client to request contract termination and compensation for damages incurred.

Requests

  1. Judgment for termination of the contract between the parties.

  2. Refund of the 40% payment and return of the delivered 30% quantity to the seller.

  3. Compensation for material damages suffered by my client due to failure to fulfill related business commitments.

  4. Ordering the defendant to bear all legal costs and attorney’s fees.

Respectfully submitted,
Dubai, Date: ………
Attorney ………
Signature ………

When Do You Need a Specialized Law Firm Such as Samaha Law Firm for Legal Consultations in Termination of Sale Contract Cases under UAE Law?

You may face complex legal situations requiring the expertise of a specialized lawyer to protect your rights and avoid procedural errors that may affect the outcome of your case. Such situations include:

  1. Drafting notices or statements of claim.

  2. Cases involving imminent limitation periods or disputes regarding dates or legal grounds.

  3. Claims involving high-value compensation, where legal representation ensures proper evaluation and protection.

Filing a termination lawsuit under UAE law is an effective legal tool to protect the buyer when the seller breaches contractual obligations. It enables recovery of payments and claims for compensation under specific conditions and procedures. Understanding these requirements with the assistance of an experienced lawyer ensures proper handling and protection of rights, especially in high-value contracts. All these services are provided by Samaha Law Firm for Legal Consultations.

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Intellectual Property Rights in the UAE
November 9, 2025in Lawyers & Legal Consultants

Intellectual Property Rights in the UAE

In the modern era, Intellectual Property Rights in the UAE have become one of the most important elements in all industries and economic activities. They safeguard the creator’s rights by protecting their creativity, whether in the form of ideas, artistic innovations, or modern technologies. Intellectual Property Rights in the UAE are considered a stimulus for innovation by providing the necessary legal guarantees. Protecting Intellectual Property Rights in the UAE is one of the priorities that support innovation and economic growth.

What are intellectual property rights  in the UAE ?

Intellectual Property Rights in the UAE are a set of legal rights granted to creators and inventors, providing them with full legal protection for their creativity and innovations. These rights cover many essential areas such as:

  • Copyrights

    These rights protect literary and artistic works such as books and music.

  • Patents

    Protecting Intellectual Property Rights in the UAE through patents helps safeguard important technical innovations for inventors.

  • Trademarks

    Intellectual Property Rights in the UAE protect trade names and logos.

  • Design Rights

    The use of Intellectual Property Rights in the UAE ensures the protection of industrial designs.

  • Trade Secrets

    Intellectual Property Rights in the UAE can be used to safeguard confidential information belonging to a company or establishment.

If you need legal consultation, you can always contact us at Samaha Law Firm for Legal Consultations.

How are Intellectual Property Rights in the UAE protected through the assistance of Samaha Law Firm for Legal Consultations?

Intellectual Property Rights in the UAE are preserved through several mechanisms that ensure protection, including:

  1. Registration of Intellectual Property Rights in the UAE

    The registration of patents, trademarks, copyrights, and industrial designs is carried out through the Ministry of Economy and the Federal Patent Office.

  2. Proof of Ownership

    Registering Intellectual Property Rights in the UAE contributes to proving ownership of rights and provides clear legal evidence in case of disputes.

  3. Protection of Trade Secrets

    Registering Intellectual Property Rights in the UAE ensures the safeguarding of trade secrets and confidentiality in accordance with UAE laws.

  4. Compliance with International Agreements

    The UAE follows the Paris Convention for the Protection of Industrial Property and the Berne Convention for the Protection of Literary and Artistic Works, which provides international protection for registered rights.

  5. Strict Legal Penalties

The UAE imposes financial fines and criminal penalties for any infringement of Intellectual Property Rights in the UAE, increasing legal protection and preventing violations.

These measures guarantee effective protection of Intellectual Property Rights in the UAE and encourage further innovation and development across all fields. With Samaha Law Firm for Legal Consultations, you can achieve this easily as we specialize in safeguarding Intellectual Property Rights in the UAE.

How are intellectual property rights registered in the UAE?

Although Intellectual Property Rights in the UAE are automatically protected once a work is completed (such as literary works or inventions), registering Intellectual Property Rights in the UAE offers stronger legal protection and more powerful tools for safeguarding these rights in case of disputes.

Steps for Registering Intellectual Property Rights in the UAE:

  • Copyright Registration

    By registering copyrights in the UAE through the Ministry of Economy, individuals and companies can apply for a registration certificate online or at ministry offices. With Samaha Law Firm, the registration process can be completed quickly and legally.

  • Patent Registration

    To register a patent, the inventor must submit an application to the Ministry of Economy, providing detailed and complete information about the invention and its effectiveness. Required documents may include a full description of the invention and technical drawings. Samaha Law Firm for Legal Consultations can complete this registration legally and accurately.

  • Trademark Registration

    Trademarks are registered through the Ministry of Economy by submitting an application along with documents proving that the trademark is unique and exclusive. Once registered, the owner is granted the exclusive right to use it. Samaha Law Firm for Legal Consultations ensures this process is completed smoothly.

  • Industrial Design Registration

    Industrial designs are registered through the Ministry of Economy by submitting clear drawings and representations of the products to be protected.

What are the consequences of violating intellectual property rights in the UAE?

Violating Intellectual Property Rights in the UAE is a serious legal offense with significant consequences. These consequences may include heavy fines and criminal penalties, as the country is committed to preserving Intellectual Property Rights in the UAE through various legal means. Examples include:

  • Criminal Penalties

    Criminal penalties are the most severe, and in cases of piracy, counterfeiting, or illegal distribution of protected works under copyright, trademarks, or patents, offenders may face imprisonment of up to several years and fines exceeding AED 500,000 in some cases. According to Article 21 of the UAE Copyright Law, violators may be sentenced to up to 3 years in prison in addition to large fines.

  • Financial Fines

    Heavy fines are imposed for violations, such as illegal copying of protected products, software, or literary works, which can reach up to AED 500,000 depending on the extent of damages caused. Rights holders also have the right to claim additional compensation.

  • Compensation for Damages

    The victim of an infringement, such as an author, inventor, or trademark owner, may file a compensation lawsuit to recover damages, which may include financial losses, moral harm, or other damages.

  • Closure of Offending Businesses

    In some cases, UAE authorities may impose strict measures against companies or individuals repeatedly violating Intellectual Property Rights in the UAE, such as shutting down businesses or revoking licenses if found distributing counterfeit products or violating patents or trademarks.

  • Restrictions on International Trade

    Weak respect for Intellectual Property Rights in the UAE may lead to restrictions on exporting products or trademarks to other markets due to legal disputes.

Violating Intellectual Property Rights in the UAE is not to be taken lightly.
It carries severe legal consequences, including criminal penalties, heavy fines, and compensation claims. To safeguard your innovations and intellectual works, it is essential to register and preserve Intellectual Property Rights in the UAE under applicable UAE laws.

Contact Samaha Law Firm for Legal Consultations to ensure your innovations are properly registered and fully protected.

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Debt recovery services in the UAE: Your guide to getting your money back quickly and legally
November 5, 2025in Lawyers & Legal Consultants

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.

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Divorce for Harm in UAE Law
November 5, 2025in Lawyers & Legal Consultants

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.

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Lease Agreements in the UAE
November 4, 2025in Lawyers & Legal Consultants

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.

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Appealing Administrative Judgments in the UAE
November 4, 2025in Lawyers & Legal Consultants

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.

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Forgery cases lawyer in the UAE
November 3, 2025in Lawyers & Legal Consultants

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.

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