What Is Compensation for Damages in UAE Law? A lawsuit for compensation for damages in UAE law is a civil case governed by the UAE Civil Transactions Law. The legal basis for this type of lawsuit is either contractual liability or tort liability. Contractual liability occurs when one party to a contract breaches their obligations to the other, causing a compensable harm. Tort liability arises from a wrongful act committed by one party that causes harm to another. Article 282 of the UAE Civil Transactions Law states that anyone who causes harm to another, even if they are not of sound mind, is liable to compensate for the damage. This damage can be caused by a direct act or an indirect cause. To understand the lawsuit for compensation for damages and its legal intricacies, you can easily contact Samaha Legal Consultancy for all the necessary legal details.
What Are the Types of Compensation for Damages in UAE Law?
There are two main types of compensation for damages in UAE law. With the help of Samaha Legal Consultancy, you can easily understand both types and their full details. They are as follows:
- Material (Tangible) Compensation: This type of compensation covers the harm caused to a person’s property, whether it is real estate, a vehicle, movable goods, or physical injuries to their body, such as wounds and fractures of any kind.
- Moral (Intangible) Compensation: This type of compensation provides for the emotional distress and psychological harm a person suffers as a result of the damage caused to them, whether the damage was caused by a criminal offense or a breach of a specific contract.
What Are the Conditions for Compensation for Damages in UAE Law?
The Civil Transactions Law specifies the following conditions for compensation for damages in UAE law:
- A wrongful act must be committed by a person that results in harm to another. There is no distinction between harm caused by a direct action or by a failure to act when a person had an obligation to do so.
- The person claiming compensation must have suffered actual harm, whether it is material or moral.
- A causal link must be proven between the wrongful act and the resulting harm suffered by the plaintiff claiming compensation.
- The harm must not have occurred as a result of legitimate self-defense of oneself, honor, property, or that of another, provided that the act of defense did not exceed what was necessary.
- The wrongful act must not have occurred due to an external cause beyond the perpetrator’s control, such as a natural disaster, a sudden accident, or an act of God (force majeure).
- The harm must not have been caused by a third party or by the person who suffered the harm themselves.
- The lawsuit for compensation for damages in UAE law must be filed within the specified legal period. A lawsuit for damages resulting from a harmful act cannot be heard after three years from the day the injured party became aware of the harm and the person responsible for it. In all cases, the lawsuit is dropped after 15 years from the date the harmful act occurred. You can learn about all these conditions and their legal intricacies with a specialized firm like Samaha Legal Consultancy.
What Are the Procedures for Filing a Lawsuit for Compensation for Damages in UAE Law?
Filing a lawsuit for compensation for damages in UAE law is done in accordance with the provisions of the UAE Civil Procedures Law, as follows:
- A specialized lawyer, such as from Samaha Legal Consultancy, prepares a statement of claim containing the essential details. The most important details are the information of the plaintiff and defendant, the subject of the lawsuit, its facts, supporting evidence, the plaintiff’s requests, their signature or the signature of their legal representative, and the date the claim was drafted.
- The competent court is determined according to the rules of local, monetary, and subject-matter jurisdiction.
- The statement of claim for compensation for damages in UAE law is submitted to the administration of the competent court, which, upon accepting it, assigns it a reference number.
- The specified fees for the lawsuit are paid.
- The parties to the lawsuit are notified of the date of the first court session.
- The defendant has the right to present their defense at least three days before the scheduled court session.
- The plaintiff has the right to prove their claim with all possible means of evidence.
- The defendant can refute the lawsuit by negating the causal link between the act and the harm.
- After the competent court is satisfied with the evidence, it issues its judgment on the lawsuit for compensation for damages in UAE law, either granting full compensation to the plaintiff, no compensation, or partial compensation.
By working with Samaha Legal Consultancy as your specialized lawyer, you can learn all the procedures for a lawsuit for compensation for damages in UAE law in a legally sound manner.
What Is the Statement of Claim for Compensation for Damages in UAE Law?
A specialized lawyer at Samaha Legal Consultancy will provide you with the best statement of claim for compensation for damages in UAE law in the following format:
To the Primary Court in [City]
Plaintiff: Mr. [Name], Address: [Address], represented by lawyer [Name]. Defendant: Mr. [Name], Address: [Address]. Subject of the Lawsuit: Compensation for Damages.
Facts of the Lawsuit: My client lives in a property next to the defendant and does not return from work until after 8:00 PM. The defendant created a hole to install water pipes on the path my client uses. The work was done during the day, and the defendant did not warn my client about it. When my client returned from work, he fell into one of the holes and was badly injured, suffering a fracture in his leg, in addition to being out of work for more than a month. Since the defendant did not warn my client about the work he was doing, he is considered at fault in accordance with the provisions of Article 282 of the UAE Civil Transactions Law.
Therefore, we appeal to this honorable court to:
- Accept the lawsuit formally and substantively and summon the parties to the earliest possible session.
- Rule in favor of my client for compensation for the material and moral damages he has suffered.
- Obligate the defendant to pay all court expenses, costs, and legal fees.
With utmost respect and appreciation, Date: …/…/… The Legal Representative [Signature]
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