A Claim for Delivery in the UAE can be defined as a lawsuit filed by one party to a bilateral contract to compel the other party to deliver the contracted subject matter.

What is a Claim for Delivery  in the UAE?

The Claim for Delivery in the UAE arises from contracts concluded between two parties, which generate contractual obligations that both parties must fulfill.

One party executes their obligation, which results in a corresponding obligation for the other party—specifically, the obligation to deliver the contracted item. Examples include:

1. Sale Contract: The buyer has the right to file a Claim for Delivery in the UAE against the seller if the buyer has paid the price of the item but the seller refuses to deliver the sold item, whether it is real estate or movable property (chattel).
2. Lease Contract: The tenant has the right to file a Claim for Delivery in the UAE against the landlord (lessor) if the tenant has paid the rent but the landlord has not delivered the leased property for the tenant’s benefit.

The Claim for Delivery most frequently appears in sale contracts, as they are among the most important named contracts that generate mutual obligations between the parties, in accordance with the provisions of the Sale Contract within the Civil Transactions Law.

The Claim for Delivery in the UAE is filed by the buyer against the seller to compel delivery of the sold item (whether real estate or movable property),
relying on the concluded sale contract and the buyer’s fulfillment of the resulting obligations, which is the payment of the price for the sold item.

By consulting a specialized law office like Samaha Law Firm for Legal Consultations, you can learn all the legal details concerning filing a Claim for Delivery in the UAE.

What are the Conditions for a Claim for Delivery in the UAE?

The conditions for a Claim for Delivery in the UAE are as follows:

1. The plaintiff in a Claim for Delivery must fulfill their obligations towards the other party to be entitled to demand delivery.
2. The plaintiff may withhold their own performance unless the other party performs the obligation incumbent upon them.
   For example, the buyer has the right to withhold payment until the seller delivers the sold item.
3. The Claim for Delivery must be filed by a person with the legal capacity of a plaintiff; meaning they are the rightful owner of the item claimed, or their legal representative, such as Samaha Law Firm for Legal Consultations.
4. The plaintiff must be legally qualified to file the Claim for Delivery in the UAE.
5. The plaintiff must have a legal interest in filing the Claim for Delivery in the UAE.
6. The Claim for Delivery in the UAE must be filed within the prescribed legal period before it is barred by prescription (statute of limitations).
   >By contacting a specialized lawyer like Samaha Law Firm for Legal Consultations, you can file the Claim for Delivery in the UAE within the specified legal period.

What are the Defenses Available to the Defendant in a Claim for Delivery in the UAE?

The defenses that can be raised in a Claim for Delivery in the UAE, often through a specialized law office like Samaha Law Firm for Legal Consultations, are varied.

Below are some examples, noting that rulings from the Court of Cassation (Al-Naqd) regarding claims for delivery can also be utilized:

• 1. The non-performance of contractual obligations by the other party can be argued by the defendant in a Claim for Delivery in the UAE. For instance, the argument may be raised by the seller that the item was not delivered because the agreed-upon price was not paid by the buyer.

  2. In filing a Claim for Delivery in the UAE, the lack of jurisdiction of the court where the claim was filed may be argued by the defendant, especially concerning real estate delivery claims, which must be filed before the court in whose circuit the disputed property is located.

  3. When a Claim for Delivery in the UAE is filed, the invalidity of the lawsuit procedures or the invalidity of the notification to the defendant may be argued by the defendant.

  4. When a Claim for Delivery in the UAE is filed, fraud or forgery may be argued by the defendant, along with the fact that a criminal case concerning the sale contract has been filed before the competent Criminal Court. This necessitates a suspension of the civil case until the criminal case is decided, applying the judicial principle that “the civil is held in abeyance by the criminal.”

  5. When a Claim for Delivery in the UAE is filed, the nullity of the sale contract upon which the plaintiff based their claim for delivery may be argued by the defendant, or it may be argued that the sale contract is simulated (sham) and that a real, concealed contract exists.

  6. When a Claim for Delivery in the UAE is filed, the nullity of the sale contract due to one of the grounds for annulment stipulated in the Civil Transactions Law, such as deceit, fraudulent misrepresentation, or mistake (error), may be argued by the defendant.

Can a Claim for Delivery in the UAE be Barred by Prescription?

In sale contracts, the buyer must file the Claim for Delivery in the UAE before it is barred by prescription.

The claim is time-barred after one year if the reason for non-delivery is related to warranty against eviction or warranty against hidden defects.

Furthermore, a Claim for Delivery in the UAE is barred by the long prescription period,
which is 15 years from the date the contractual obligation arose.

What are the Reasons for the Rejection of a Claim for Delivery in the UAE?

The reasons for the rejection of a Claim for Delivery may be procedural, such as:

1. Filing a lawsuit by a person lacking legal standing (lacking capacity/authority).
2. Filing the lawsuit before a court without jurisdiction.

The reasons for rejection may also be substantive, such as:

3. The failure of the plaintiff to prove their allegation.
4. The defendant presenting defenses that the plaintiff failed to perform their reciprocal contractual obligations.

By contacting Samaha Law Firm for Legal Consultations,
you can learn all the legal defenses related to filing a Claim for Delivery in the UAE.Contact Us.