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Substantive Claims For The Civil Procedures in the UAE

Although largely based on the civil law system, the legal system in the UAE is branched out into civil laws and the Sharia. In fact, a number of laws are structured around the principles of Sharia as well as influences from the Egyptian and French civil laws. The country has also introduced common law in specified areas, which has allowed a unique framework of international standards to cater to the needs of the region.

Laws of the UAE, just like any other country, can be divided into two categories – substantive and procedural. Substantive law deals with the rights, obligations, duties, and causes of action that can be enforced under the law, i.e. it defines a legal relationship, whereas procedural law sets out the procedure for administering the substantive law. Claims instituted in a court of law, whether civil or criminal, arise out of substantive laws, and are adjudicated keeping in view the rules of the procedural laws.

Civil procedure: Federal Decree-Law No. 42 of 2022, which is the Civil Procedures Law, governs the jurisdiction and procedure for civil and commercial cases. The law offers two litigation procedures that can be taken up by a party before the local courts: substantive claims and summary procedures.

Substantive claims: A substantive claim is a conventional civil suit instituted by a claimant, through an application in a court competent to deal with the matter, wherein the facts of the dispute along with the remedies sought, are stated. The suit is against another party, called the defendant, and once it is instituted, the defendant will be required to issue a reply to the suit, defending his position.

A substantive suit will be filed according to Article 16 of Cabinet Decision No. 57 of 2018, which lays down that a claimant has to file his claim with the Case Management Office, either by electronic means or in writing, and must contain the details mentioned in the Article itself.

A substantive suit will be detailed and more merit oriented. As a result, it will probably require a considerable amount of time for adjudication. Since the claim is regarding the enforcement of a right or performance of a duty, the court will look for proofs that will establish either party’s statements.

Once a judgment is delivered by the court, the period for appeal lasts for 30 days from the date of issue of judgement.

Summary suit: In contrast to substantive claims, summary suits are expedited and straightforward. They act as an instant relief, because if the defendant fails to reply to the court or submit his defense, the claimant will be entitled to judgement. Also referred to as “payment orders”, it is preferred where liabilities are fixed, i.e. liquidated damages. Whereas in a substantive suit, the court will determine the liabilities on part of the defaulting party, and order the amount to be paid.

It is pertinent to note that in order to get the most favorable outcome, the claim should be filed under the relevant procedure. Source url :- https://www.alrowaad.ae/legal-blog/substantive-claims-for-the-civil-procedures-in-the-uae/

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What you need to Know about Capital Markets in the UAE?

Capital markets are financial markets where traders exchange assets in the form of stocks or bonds. They are a medium of generating capital in the economy, for government or businesses, in order to meet their expenses. Capital is invested in the market by investors, through long-term investments, and these investments are protected by financial regulatory bodies that govern the capital market of the region.

What is the significance of a capital market?

A capital market may offer a number of investment methods to investors, such as equity shares, preference shares, debentures, bonds etc. As for a borrower, the investments in a capital market are reliable and can be mobilized for longer periods. The markets act as a bridge between those who can supply money and those in need of money. For the investors, once their investments start to grow, they can get returns on them and even enjoy other benefits like dividends, ownership rights and interest.

Which body regulates capital markets in the UAE?

Unless a law specifically provides for, financial markets in the UAE are regulated by the Securities and Commodities Authority (SCA). It was established in 2000 pursuant to Article 2 of Federal Law No. 4 of 2000, and was recognized as a juristic personality having financial and administrative independence.

When was the regime of capital markets introduced in the UAE?

The UAE introduced the regime of capital markets in the country through the Abu Dhabi Securities Exchange (ADX) and the Dubai Financial Market (DFM). Both are regulated by the Securities and Exchange Authority.

The Abu Dhabi Securities Exchange was established by Federal Law No. 8 of 2020 in the emirate of Abu Dhabi, and in March 2020, it was registered as a public joint stock company, owned entirely by the Abu Dhabi government. It deals in equities, funds and bonds. The Dubai Financial Market is also on similar lines, being established in Dubai in the year 2000, through an Executive Council Decree, and getting registered as a public joint stock company in 2005. In fact, the DFM is the only financial market in the world based on the principles of Sharia law, and deals in equity and debt instruments, EFTs, REITs and securities.

Is DIFC also a financial market?

The Dubai International Financial Centre (DIFC) is a popular capital market and a free zone, which came into existence in 2002. It aimed to attract local, regional and global investments and businesses by following the principles of transparency, efficiency and integrity. As a result, several banks, insurance and asset management companies, law firms and consultancies have set up their offices in the free zone.

One of the two financial markets located within the DIFC is the Dubai Mercantile Exchange (DME), which was launched in 2007 and deals with energy futures. It introduced one of the most fair and transparent crude oil benchmarks, the Oman Crude Oil Futures Contract.

NASDAQ Dubai is the international stock exchange for the Middle East region, and is located in the DIFC as well. It is regulated by the Dubai Financial Services Authority and deals in equities, conventional bonds, exchange-traded funds and exchange-traded commodities, REITs etc.

What does the Dubai Multi Commodities Centre deal in?

Another popular centre that emerged in 2002 as part of the free zone of the Jumeirah Lake Towers is Dubai Multi Commodities Centre (DMCC). Article 2 of Dubai Law No. 3 of 2020 stipulates the commodities the Centre deals in: gold and precious commodities, agricultural and animal commodities, natural materials and minerals. The following financial markets are initiatives of the DMCC as well:

The Dubai Gold and Commodities Exchange

The Dubai Pearl Exchange

The Dubai Diamond Exchange

What are potential benefits of investing in the financial markets of the UAE?

There are lucrative opportunities for those looking to invest in the UAE, along with escalating benefits. In addition to providing an open economy, the country boasts in terms of political and economic stability. Businesses have free will to get established anywhere in the country, but mostly they are inclined towards the free zones since they offer unmatched perks, for example 100% foreign ownership. The government is diligent in expending on infrastructure and latest technology, and the laws are formulated to create a business-friendly environment. UAE holds membership of the Gulf Co-operation Council, the Arab League, WTO and the UN, among other international and regional organizations, which strengthen diplomatic relations with other countries. Businesses and investors are protected by a robust legal system, while ADR is increasingly encouraged in disputes of commercial nature.

Source url :-  https://www.alrowaad.ae/legal-blog/what-you-need-to-know-about-capital-markets-in-the-uae/

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Learn More about The Involuntary Loss Of Employment Insurance in the UAE

Losing a job suddenly can give rise to a number of unanticipated problems, and the situation becomes worse if you are the only earning member in the family. Thanks to the newly introduced Unemployment Insurance Scheme, employees in the UAE who lose their jobs can avail a monthly payment until they find a new job.

Regulated by the Federal Decree-Law No. 13 of 2022, on the Involuntary Loss of Employment (ILOE), the insurance scheme is aimed to provide a certain amount as income to a person who has lost his/her job in the UAE. It is a welcoming step for the workforce in the country, to afford them protection and support in times of unemployment due to reasons such as layoffs or firing.

The highlights of this scheme are given below.

Eligibility: The scheme is applicable to UAE citizens as well as residents, engaged in the federal government sector or the private sector. To claim the insurance scheme, an employee has to fulfill the following conditions:

He must have completed 12 consecutive months in the previous job starting from the day of subscription to the scheme

He must not have been dismissed from employment because of disciplinary actions under the laws of the UAE

He must not claim the scheme through fraudulent means, and the work done by the employee should not be fictitious

If the employee joins another job during the compensation period, he will not be entitled to it anymore.

Exceptions: The insurance scheme does not apply to the following categories of employees:

Business owners owning and managing entire businesses

Domestic workers

Employees under temporary contracts

Juveniles under 18 years of age

Retirees receiving a pension who have joined a new job

Amount and Benefits: The amount to be paid to an employee in furtherance of this scheme will be calculated on a monthly basis, with the rate of 60% of the basic salary, capped at AED 20,000. The amount will be paid for three consecutive months from the date of losing the job. Additionally, the insurer may provide extra benefits under the scheme for the employee. The payment under this scheme will not bar the employee from any other compensations which he is entitled to receive.

Costs: The Ministerial Decision No. 604 of 2022 On the Unemployment Insurance System, under Article 3, lays down the amount to be paid as premium under the Unemployment Insurance Scheme.

Employees getting a basic salary of AED 16,000 or less are required to pay a premium of AED 5 per month, while employees earning a basic salary of more than AED 16,000 a month are required to pay AED 10 a month. The amount is kept minimal to ensure compliance with the scheme by employees in all sectors.

Penalties: It is to be noted that the employees covered by this scheme are mandated to avail the insurance before 30th June, 2023, as per Articles 9 and 11 of Ministerial Decision No. 604 of 2022, otherwise they will be liable to penalty of an amount of AED 200 or 400, depending upon the premium amount contributed.

Source url :- https://www.alrowaad.ae/legal-blog/learn-more-about-the-involuntary-loss-of-employment-insurance-in-the-uae/

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All You Need To Know: Terminating A Property Contract in the UAE

Terminating a contract essentially implies extinguishing the liabilities mentioned within the contract. When a contract is terminated by one of the parties, it is no longer enforceable under the law. Both the parties are under no obligation to perform their part of the contract anymore.

A property contract can be of two types:

If you purchased a property from a developer or a broker, you entered into a contract for sale and purchase, also known as a Sale and Purchase Agreement (SPA).

According to Article 30 of the UAE Penal Code, a person shall be liable to pay blood money “diya” of AED 200,000 for involuntary manslaughter of an individual.

The process of termination of both of these contracts is different, owing to the nature of the two. This article discusses termination of property with respect to Sale and Purchase Agreements.

Sale and Purchase Agreement: A sale and purchase agreement, just like any other contract, may be terminated as per Article 267 of the UAE Civil Code, Federal Law No. 5 of 1985. Accordingly, a SPA may be terminated by:

Mutual consent of the parties, as per Article 268 of the Law

Previous agreement, i.e. a clause in the contract stating that in case of non-performance the contract may be rescinded, as per Article 271 of the Law

Order by the court stating the revocation of the contract under Article 272 of the Law

Impossibility of performance of contract, under Article 273 of the Law

Developer’s fault: A common scenario is that developers fail to deliver the property within the stipulated time frame and the purchaser is forced to terminate the contract. This mostly happens in off-plan property purchases. Article 274 of the Civil Code states that once a contract is terminated the parties will be restored back to the position they were in before entering into the contract. In case this is not possible, the court will order to pay compensation for the damages.

A SPA of property will generally contain an Anticipated Completion Date (ACD) in its clauses. This is the date on which the developer is supposed to hand over the property to the buyer. If the developer fails to deliver the property as per the anticipated date, he may be allowed an extension from six to twelve months where the contract specifies so, and it is only after the expiration of this extended period that a buyer can file an action to terminate the SPA.

It must be kept in mind that a buyer can bring an action against the seller only if he himself has abided by all of his contractual obligations.

Force Majeure: The only remedy available to a developer in case he fails to deliver the property on time is that of force majeure under Article 273 of the Law. It means that if the developer failed to observe the contractual obligations due to unanticipated circumstances which could not have been ascertained beforehand, the performance of the obligations is suspended.

Source url :-  https://www.alrowaad.ae/legal-blog/all-you-need-to-know-terminating-a-property-contract-in-the-uae/

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All You Need to Know on Maritime Law Updates in the UAE

The UAE is home to a number of ports, which contribute in large numbers to the economy of the country. Strategically, the UAE is located at a significant point for international maritime trade, and thus, has a well-developed structure of maritime laws. This article outlines the major highlights of the maritime law in the UAE.

The law governing maritime in the UAE is Federal Law No. 26 of 1981 Concerning Commercial Maritime Law. It seeks to promote domestic as well as foreign trade in the country, and to boost the economic growth and security of the people (Article 2).

Definition of Vessel: Article 11 of the UAE Maritime Law defines a vessel as any structure operating in maritime navigation, regardless of its power, weight, or purpose of navigation. Vessels belonging to the UAE must be registered in one of the country’s ports, as per Article 14, and must be owned by a natural/juridical person having UAE nationality.

Registration: As per Article 18 of the UAE Maritime Law, a vessel should not have the flag of UAE if it is not registered in the country. However, certain floating structures such as fishing boats, pleasure boats, diving boats, tugs, cranes, dredges etc. are exempted from registration.

A registration form must be submitted to the Registration Bureau under Article 27 of the Maritime Law, with the following details:

Name of the vessel

Former name(s) of the vessel and port of registration

Date and place of construction as well as name and address of the factory/dock of construction

Type, tonnage and dimensions of the vessel

Name of the owner/co-owners as well as their details

Name of the owner company as well as its details

Name and qualifications of the master of the vessel

Name and details of the operator of the vessel

Mortgage, if any, and the details of the same

Attachments that have been affected upon the vessel

Those operating a vessel with a UAE flag but without getting the vessel registered may face imprisonment for up to a year, and/or a fine of almost AED 50,000. Additionally, the vessel may be confiscated (Article 44).

Furthermore, every vessel must have a navigation license, and a certificate of safety in case it carries people (Article 50).

Mortgage of Vessels: Vessels with more than ten tons of tonnage may be mortgaged, as per Article 97 of the UAE Maritime Law. This can be done by entering into a mortgage contract, under Article 99, which will contain the details of the vessel as well as the terms and conditions of the mortgage. The mortgage will then be registered with the Registration Bureau, at the port of registration.

Arrest of a Vessel: A vessel may be arrested for the satisfaction of a maritime debt under Article 115 of the UAE Maritime Law. A maritime debt is a claim against the vessel, arising under the following situations:

Damages caused by the vessel due to collision or otherwise

Loss of life or personal injuries caused by the vessel

Assistance and salvage

Contracts regarding use or exploitation of the vessel

Contracts regarding carriage of goods under a charter contract, bill of lading or other documents

Loss or damage of goods carried in the vessel

Common average

Towage or piloting

Supply of products or equipment necessary for the use or maintenance of the vessel

Construction, repair or fitting of the vessel

Sums spent by the master, shippers, charterers or agents on account of the vessel or the owner

Wages of the master, officers, crew and other people working onboard the vessel

A dispute of ownership of the vessel

Dispute as regards common ownership of the vessel

A maritime mortgage

Arrest of a vessel can be filed with a civil court of competent jurisdiction, and if an arrest order is issued, it will prohibit the vessel from sailing, as per Article 118 of the law. However, the arrest order can be set aside by way of a guarantee or security presented before the court, which can satisfy the debt on the vessel.

Although the UAE Maritime Law is comprehensive to a large extent, maritime jurisprudence is under continuous development in order to make UAE the most desired place for maritime trade.

Source url :- https://www.alrowaad.ae/legal-blog/all-you-need-to-know-on-maritime-law-updates-in-the-uae/

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Choosing The Right Mediator in Contractual Disputes

An emerging branch of the legal profession, Alternate Dispute Resolution has witnessed significant progress over the past few years. It is being used in almost all kinds of disputes, and has been developed into codified laws in a number of countries, including the UAE. As a centre of commercial growth, ADR in the UAE is not only a want but a need, so that disputes can be resolved in the easiest of ways possible. A common area where ADR is often used is that of contractual disputes. Since they are mostly of civil nature, ADR is the most convenient method to resolve them.

What are contractual disputes?

When there is a contract between two parties, and one of the parties does not abide by the terms or perform its side of obligations, the contract is said to have been breached. In essence, when there is an agreement between two parties and one of them fails to keep it up, it will give rise to a dispute, because the opposite party gets the right to claim damages for the wrong it may have suffered as a result. Consequently, a civil suit may be instituted in the court for breach of contract and compensation for damages thus suffered.

Litigation or ADR: what to choose in case of a contractual dispute?

The traditional method of litigation in terms of contractual disputes may prove detrimental to both the parties because of the time-consuming process that it is. A case may go on for a long time in a court, and the parties will have to incur the heavy costs litigation entails. Moreover, contractual disputes when referred to a court carry the potential to damage the relations, thus reducing the possibility of future agreements.

In order to ensure effective solutions within a reasonable time frame, contractual disputes are now being taken up by authorities involved in alternate dispute resolution. Parties to such disputes themselves want that their issues be resolved without further aggravation and as early as possible, to prevent any additional loss. Often times, parties to a contract also incorporate a dispute resolution clause within the contract, which states that in the event of any dispute, it shall be settled amicably through the methods of ADR.

While litigation means decision in favor of only one party, an arbitrator or mediator assists the parties in arriving at a neutral position, possibly a win-win solution for both, with some compromises. The factor of uncertainty in litigation is cancelled out by ADR, and the focus is directed towards commercial aspects and not legal.

How does Mediation work?

Mediation is one of the primary methods of ADR wherein a neutral third party is appointed, called the mediator, who attempts to negotiate between the parties and allows them to come at a conclusion favorable for both sides. Mediation is a structured yet flexible process with various models from which the parties can choose to go with. The mediator talks to each of the parties and understands their contention, after which he provides recommendations to the parties to reach a settlement. Mediation is a voluntary process, which implies that it is of no avail where the parties are unwilling to settle on mutual terms. Only those disputants who actually want that the disagreement be resolved as soon as possible to restore them to their original positions, can be successful in a mediation.

What are the skills to look out for in a mediator for a contractual dispute?

The role of a mediator is to facilitate between the two parties in such a way that they understand the position of the opposite side and abstain from demanding irrational claims. Even though a mediator cannot impose any recommendation on the parties, a large part of the success of a mediation depends on the negotiation skills that a mediator may display. As a result, the choice of a mediator may determine the outcome of the mediation.

Ordinarily, only one mediator is appointed, who is responsible for conducting the mediation and engaging with the parties. Since a contractual dispute is of commercial nature, a mediator must be well-versed with the commercial as well as civil laws of the jurisdiction in which the dispute took place. Parties can also go by references of certain mediators who have been successful in resolving disputes previously through mediation, or the resumes of mediators that may be available, listing their respective qualifications and experience.

In a dispute relating to a breach of contract, the mediator should stick to retention of the terms of the contract as far as possible. However, the party wronged due to the breach must be indemnified simultaneously. This can be achieved by communicating thoroughly with each party and understanding the cause of the breach as well as the reasons accorded for the same. As a mediator, it is important to remain objective while assessing the situation, and providing the parties with multiple solutions while recommending the most agreeable one for adoption. A mediator with the ability to think creatively will be able to devise outcomes that are fair and rational for each side to the dispute. As parties to the case, if a mediator is not actively listening to your grievances or if he is continuously in support of the opposite party, he may not be a suitable mediator. Instead of asking “who is at fault”, a mediator should be focusing on the remedies available in relation to the given situation.

What are the laws of the UAE regarding Mediation?

As per the new UAE law on Mediation, Federal Law No. 6 of 2021, mediation is of two types: judicial and non-judicial mediation. Judicial mediation is when the parties request the court for mediation in between ongoing proceedings, or the court may itself refer the dispute for mediation at any stage in the proceedings. In non-judicial mediation, parties opt for mediation before a case is instituted in the court, according to Article 22 of this Law. In both the cases, a Mediation Agreement needs to be drafted, which contains details regarding the dispute, the appointment of the mediator, the language of the mediation, and the agreement needs to be in writing. The parties may then get an appointed mediator or choose their own from the lists of mediators established at the Mediation Centre, as per the agreement. As per Article 4 of the Law, the list contains qualified and experienced mediators, who are retired members of the judicial authority, registered lawyers as well as experts in the fields of law and business.

What happens if the parties do not want the appointed mediator?

In case the parties object to a certain mediator, the court can appoint an alternate mediator from the list. A mediator is required to adhere to the principles of neutrality and independence in accordance with Article 7 of this Law, and must prohibit from exercising powers not accorded to him or displaying bias towards a certain party in accordance with Article 8 of the Law.

Source url :- https://www.alrowaad.ae/legal-blog/choosing-the-right-mediator-in-contractual-disputes/

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What is Blood Money in the UAE Traffic Rules?

In common parlance, blood money is payment made by the perpetuator to the victim or his family for death, or damage to the victim. Blood money, also called as “diya” is in accordance with the Islamic Sharia principles.

What does the UAE Penal Code Say?

The Federal Decree Law No 31 of 2021 on the Issuance of Crimes and Penalties Law, commonly called the UAE Penal Code is the law which deals with blood money. The principle penalties under Article 67 of the UAE Penal Code include fine, temporary imprisonment life imprisonment, death sentence, retaliation “qisas” and blood money “diya”. A crime which may result in payment of bloody money diya (amongst others such as imprisonment or payment of fine exceeding AED 10,000) would be a misdemeanour.

According to Article 30 of the UAE Penal Code, a person shall be liable to pay blood money “diya” of AED 200,000 for involuntary manslaughter of an individual.

In accordance with Article 383, if an individual commits any crime against human life and society (such as deliberately killing a human being, inflicting bodily harm, causing permanent disability, etc.), then in addition to the payment of blood money “diya”, if applicable, such person will also be liable for the penalties as set out in the Penal Code. That means, a person could be imprisoned in accordance with the UAE Penal Code for committing a crime which results in such penalties and in addition could be liable to pay blood money diya as well.

Blood Money and Traffic Accidents

Blood money is commonly used in traffic accidents that result in death of an individual. If there are mitigating factors, such as victim crossing the road illegally or not stopping at the red light, the amount of blood diya payable by the accused could be reduced.

In the case before the Federal Supreme Court, having Case No UAE 42/2014, an individual was imprisoned and charged with paying blood money due to the death of a child in a road accident. The defendant argued that there was contributory negligence of the child’s father who let them run next to the vehicles.

However, the Federal Supreme Court in its decision dated 5 Jan 2015, rejected the appeal of the defendant and noted thblood moneyat the trial court had the power to asses the link between fault and damage and the extent of the contribution of the victim or others to cause the damage. The charges had been proved against the accused and were enough to convict and therefore, the argument related to the contributory negligence of the victim in the damage, being an objective argument, could not be submitted before the Federal Supreme Court.

Can Damages be Paid in Addition to Blood Money?

It depends on the discretion of the court but there have been cases where compensation for moral damages was paid in addition to blood money.

In Case No 111/2020, the Dubai Court of Cassation passed a judgement on 2 July 2020. In this case, the question arose whether an insurance company had to pay the parents of a girl accidentally killed in a road traffic accident compensation for moral damages when blood money had already been paid.

It was argued by the appellants that it is not permissible to combine moral damages with blood money in accordance with Article 299 of Federal Law No 15 of 1985 (UAE Civil Code) especially in the absence of any evidence proving moral and psychological harm to the respondents. The Cassation Court referred to Article 299 of the Civil Code which states as:

“Damages are compulsory due for prejudice to the person. Unless otherwise agreed between the parties, either blood money or compensation for defect of sold value, in cases they are due, may not be added to damages.”

The Cassation Court observed that the compensation for physical, material and moral damages fell outside the scope of compensation prohibited when combined with blood money. The Court noted that the compensation was a remedy for the harm of the injured and not a profit for them from the tragedy. Since the parents suffered sadness and grief as a result of the death, they were entitled to compensation for the moral harm caused to them, irrespective of the blood money already awarded to them as this does not prevent them from claiming other damages suffered by them. Thus, the Cassation Court rejected the appeal and confirmed the contested judgement.

Source url :- https://www.alrowaad.ae/legal-blog/what-is-blood-money-in-the-uae-traffic-rules/

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What do you need to know about a Prenuptial Agreement in the UAE?

In common parlance, a prenuptial agreement or a premarital agreement means an agreement entered into by a couple prior to their marriage which regulates the rights that may be acquired upon marriage and the arrangements between the parties in the event of a divorce.

In this article, we will discuss the validity, applicability and enforcement of a prenuptial agreement under the UAE Laws.

Which are the applicable UAE Laws?

Before we discuss the pre-nuptial agreement, it is first crucial to understand the laws which govern family disputes in the UAE, especially since UAE is the home for so many Muslim and Non-Muslim expats.

 The law which regulates personal status matters in the UAE is the Federal Law No. 28 of 2005 on Personal Status, commonly called the UAE Personal Status Law. In addition, the Federal Law No 5 of 1985, which is the Civil Transactions Law is also applicable.

If you are in Abu Dhabi and a non-Muslim, then Abu Dhabi Law No 14 of 2021 may be applicable to you. However, the UAE Personal Status Law will continue to apply to Muslims in Abu Dhabi.

What do the UAE Laws say about a pre-nuptial agreement?

Under the UAE Laws, there is no concept of a pre-nuptial agreement. Therefore, a prenuptial agreement drafted and executed in the UAE may not be enforceable since the UAE Laws do not recognize a pre-nuptial agreement.

If a pre-nuptial agreement is drafted in a foreign jurisdiction, it is unlikely that it will be enforced in the UAE courts, especially if the agreement relates to matters of children. That said, it should be noted that the Civil Transactions Law has been recently amended which may have an impact on the validity and enforceability of a pre-nuptial agreement.

Under the new amended Article 13 of the Civil Transactions Law, the personal and financial matters resulting from the contract of marriage will be governed by the law of the country where the couple was married.

This would mean that the validity and enforceability of a prenuptial agreement which has been drafted and executed in a foreign jurisdiction could be considered by the UAE courts by applying the laws of the country where the parties were married.

It is also important to note that ultimately the UAE courts have the discretion on whether to accept or reject the request of applying foreign laws in a family matter. This would be dependent on the merits of each case. For instance, if the party has multiple nationalities, then, as per Article 24 of the UAE Personal Status Law, the UAE courts may reject the application of foreign law.

Once the request for the application of foreign law has been rejected, the UAE courts may apply UAE laws according to Article 1/3 of the UAE Personal Status Law. Article 1/3 of the UAE Personal Status Law states that the UAE Personal Status Law will apply to non-citizens as well.

What is the alternative to a prenuptial agreement in the UAE?

An alternate option to a prenuptial agreement would be for the parties to enter into a postnuptial agreement.

A postnuptial agreement is signed between a couple after their marriage. This agreement will set out the financial arrangement between the parties. Financial arrangement will not be considered to be against public order as long as the arrangement does not deprive the wife’s right to claim expenses. It is also important to note that it is not allowed for the parties to agree on the forfeiture or waiver of custody rights or children’s maintenance under this agreement.

This post nuptial agreement is prepared in Arabic but can be translated into English language.

What is the process of executing such a postnuptial agreement?

The agreement can be executed in the UAE family courts. The Family Guidance Department is the special department in the family courts which is tasked with the execution of such documents. One of the parties to the agreement should be a resident in order to file an application with the Family Guidance Department to register or execute this agreement.

All expatriate residents in the UAE can also avail these services and register their post nuptial agreement in the Family Guidance Department. However, it is important to note that the post nuptial agreement is usually physically signed by the parties before the Family Guidance Department itself.

What is the advantage of executing a postnuptial agreement?

The biggest advantage of signing a postnuptial agreement is evidenced when a dispute between the parties occurs. In that case, execution proceedings based on the terms of this agreement can be directly started and enforcement is relatively easier.

In case you wish to use the post nuptial agreement outside the UAE, you may need to get the executed postnuptial agreement legalized appropriately up until the embassy of such a country where you would want to use this agreement.

Source url :- https://www.alrowaad.ae/legal-blog/what-do-you-need-to-know-about-a-prenuptial-agreement-in-the-uae/

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Social Media Rules and Penalties in the UAE

Social media is the rage all over the world and the UAE is no different. While social media is indeed a boon – bringing people closer together, it also has its vices. Social media rules therefore become important and which oblige the users, the publishers and stakeholders to follow them.

Social Media Rules

Some of the key social media rules and penalties for their violations are set out below.

Breach of personal data and information: Under Article 6 of the Federal Decree Law No. 34 of 2021 Concerning the Fight Against Rumours and Cybercrime, obtaining, modifying or leaking electronic personal data or information without permission online is punishable with imprisonment for at least 6 months and / or fines between AED 20,000 to AED 100,000.

If the information is related to bank accounts or e-payment methods, this will be deemed as aggravating circumstances.

Publication of information inconsistent with media content criteria: This would be relevant for the publishers or administrators of a website.

In accordance with Article 16 of the Cybercrime Law, every administrator managing a website or electronic account who publishes information, content or data which is inconsistent with the media content requirement as set out by the competent authorities will be penalized. These penalties include imprisonment for 1 year maximum and fines between AED 30,000 to AED 300,000.

Harming reputation of the State: Any person who publishes any information, news, data or rumors on a website in order to harm the reputation of the country or any of the authorities, or leaders, or the national anthem, etc., will be punished under Article 25 of the Cybercrime Law. The punishments include imprisonment for 5 years maximum and fines not exceeding AED 500,000.

Incitement to prostitution: If a person incites or seduces another person for prostitution or lewdness by using the information network will be sentenced to imprisonment and fines between AED 250,000 to AED 1 million. If the victim is a child, then the imprisonment will not be less than 5 years under Article 33 of the Cybercrime Law.

Harming Public Morals: This is an important provision, as Article 34 of the Cybercrime Law states that everyone who creates, manages or supervises a website online that harms public morals or has pornography, will be sentenced to punishments. These punishments include imprisonment and / or fines between AED 250,000 and AED 500,000.

Contempt of Religions and encouraging sins: This is another crucial provision to be mindful of. Under Article 37 of the Cybercrime Law, abusing one of Islamic sacred sites or rituals, or abusing sacred sites or rituals of any other religion (provided that sites or rituals are inviolable according to Islamic principles), insulting a recognized divine religion or encouraging, or propagating sins will lead to punishments. These punishments include imprisonment and / or fines of AED 250,000 to AED 1 million.

Harsher punishment, such as imprisonment for maximum 7 years may be imposed if the crimes involves blasphemy against the tenets of Islamic religion, or undermining Islam or such similar actions.

Defamation: Insulting another person or attributing to him an event which will render him subject to contempt or punishment online is punishable with imprisonment and / or fines between AED 250,000 to AED 500,000.

Disclosure of Secrets and Privacy Breach: Taking photos, eavesdropping, and disclosing or exposing such photos online in order to breach the privacy or family life of individuals without consent will be sentenced to punishment of at least 6 months and fines between AED 150,000 and AED 500,000.

Conclusion

The above are only some of the social media rules under law and it is crucial to follow all the social media rules stipulated by the federal and local authorities to ensure that you are not in breach.

Source url :- https://www.alrowaad.ae/legal-blog/social-media-rules-and-penalties-in-the-uae/

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Learn More about False Allegations of Misappropriation of Money or Embezzlement in the UAE

Embezzlement under the UAE Penal Code

In common language, embezzlement is understood to mean a crime in which the embezzler legally obtains assets and then fraudulently appropriates them. Under the UAE Penal Code, the law on embezzlement is covered under the provisions related to ‘breach of trust’.

Article 453 of the UAE Penal Code, which relates to ‘breach of trust’, states that any person who has received movable property like money, documents or any other kind on the basis of a deposit, lease, mortgage, loan for consumption or agency, and he embezzles them in order to inflict damage to the rightful owners, the crime would be treated as a misdemeanour. Such person will be punished by imprisonment of up to 3 years or fine.

A person would be treated as an “agent” of another if he is a co-owner of the property, or the intermeddler managing the property or who receives the asset to use it for a specific purpose for the owner’s benefit.

Article 454 of the UAE Penal Code also states that, “any person who takes possession of lost property owned to another, with the intent to own it, or who knowingly takes possession of a property held by him by mistake or due to a force majeure, shall be liable to a jail sentence for a period not exceeding two (2) years or a fine not less than AED twenty thousand (20,000).”

Additionally, in accordance with Article 455 of the UAE Penal Code, “any person who embezzles or attempts to embezzle a movable property that he has mortgaged as a collateral for a debt in his liability or in the liability of another person, shall be liable to the penalty prescribed in the preceding Article. The same penalty shall be imposed against the owner appointed as a receiver on his own movable property under a judicial or administrative seizure, who embezzles any of the same.”

False Allegation of Embezzlement

Having said the above, the UAE Penal Code also provides for a situation where a false complaint regarding a crime has been made to the authorities.

According to the Federal Decree Law No. 31 of 2021 On the Issuance of Crimes and Penalties Law, called the UAE Penal Code, if a person reports to judicial or administrative authorities, crimes knowing that it has not actually been committed, or accidents or risks which did not exist at such time, will be subject to penalties under Article 324. These penalties include imprisonment of up to 6 months and / or fines.

Article 324 of the UAE Penal Code has been set out below.

“Any person who reports to the judicial authority or administrative authorities, accidents or risks which do not exist at such time or contrary to the truth or who reports a crime knowing that it is not actually committed, shall be liable to a jail sentence for a period not exceeding six (6) months and a fine or either one of these two penalties.”

Article 325 of the UAE Penal Code further states that if a person makes a false report to the judicial or administrative authorities in bad faith, accusing a person of committing an offence which could result in criminal or administrative action against him, he would be liable for imprisonment and fines.

If the fabricated crime results in conviction with the felony punishment, the false accuser will be sentenced to the same penalty as the victim convict.

Article 325 of the UAE Penal Code states as follows.

“Any person who, with bad intent, makes a false report to the judicial authority or administrative authorities, accusing a person of committing a matter which requires criminal or administrative punishment, even if such matter has not resulted in instituting the criminal or disciplinary action, and any person who creates material evidence to accuse a person of committing a crime contrary to the truth or causes legal proceedings to be initiated against a person knowing that he is innocent, shall be liable to a jail sentence and a fine or either one of these two penalties. A jail sentence and a fine shall be imposed in the two cases if the fabricated crime is a felony. If the false accusation results in a conviction with a felony punishment, the false accuser shall be sentenced to the same penalty imposed thereof.”

Conclusion

Accordingly, if a person files a false complaint against you for embezzlement, knowing that it is false, you have recourse to the UAE Penal Code. At this stage it would be advisable to contact criminal lawyers to discuss the next steps.

Source url :- https://www.alrowaad.ae/legal-blog/learn-more-about-false-allegations-of-misappropriation-of-money-or-embezzlement-in-the-uae/

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What are the Reasons for Labour Conflicts that Lead to a Travel Ban in the UAE?

Travel ban is generally understood as prohibiting a person to cross a country’s border, including by entering, exiting or re-entering it.

Employment or labour relations in the UAE are governed by the Federal Decree Law No. 33 of 2021 On Regulations of Labour Relations (Labour Code). Along with the Labour Code, several ministerial and cabinet decisions, including the implementing regulations have also been issued regulating the labour relations.

While the Labour Code does not specifically mention a travel ban as a result of a labour conflict, it provides insight on labour ban which could be imposed on an employee.

What is a Labour Ban?

In common parlance, labour ban essentially means restriction on being employed in the UAE and this differs from travel ban as a person can be situated in the UAE (provided he has a residence visa not dependent on a work permit) but is not allowed to work.

What are the Conditions of Labour Ban?

Labour Code: Article 9 of the Labour Code provides conditions of terminating an employment contract by an employee during probation period. Under this provision, if an employee wishes to terminate the employment contract to leave the UAE during probation, he is required to notify the employer at 14 days before the date specified for termination of the contract.

If the employee leaves the UAE without observing the rules, then such employee will not be granted a work permit to work in the UAE for a period of one year from the date of leaving the country.

Additionally, if an expat employee leaves his job for an illegal reason before the end of the contract term, another work permit to join another job in the country will not granted to him for a period of 1 year from the date of suspension of work. This is provided under Article 50/1 of the Labour Code. That said, the Ministry of Human Resources and Emiratization (MOHRE) is entitled to exempt certain job categories, skill levels or workers from this labour ban.

Labour Dispute Regulations: It is also worth noting that Ministerial Decision No. 47/2022 On the Regulation of the Procedures of the Labor Disputes and Complaints (Labour Dispute Regulations) also provides certain instances where a labor ban may be imposed. These have been provided under Article 8 of the Labour Dispute Regulations, which states as follows.

“Taking into consideration the provisions of Articles (9) and (50) of Federal Decree-Law No. 33/2021, as well as Article (28) of its Implementing Regulation, the worker whose labour relation has ended due to the cases mentioned below shall not obtain a work permit before the lapse of one year from the date of leaving the State:

In case the worker terminates the labour relation during the probationary period, provided that the employer does not breach the contractual obligations.

 – In case of proving that the complaint of work interruption is valid.”

Exceptions to the Labour Ban

Article 28/2 of the implementing regulations of the Labour Code (Cabinet Decision No. 1/2022 On the Implementing Regulation of Federal Decree-Law No. 33/2021 Regarding the Regulation of Employment Relationships) also provides exceptions to labour ban of an employee.

Article 28/2 of the implementing regulations state as follows.

“Subject to the provisions of Article 50 of the Decree-Law, if the foreign worker leaves work for an illegitimate reason before the end of the contract term, he shall not be issued another work permit for a period of one year from the date of absence from work, with the exception of:

a- The worker who is under the residence of relatives.

b- The worker who requests a new work permit at the same establishment.

c- The worker who has professional, skill or knowledge levels that the State needs.

d- Golden visa holders.

e- Any professional categories according to the needs of the labour market in the State that are determined by decision of the Minister in accordance with the workers’ classification approved by the Council of Ministers.”

Source url :- https://www.alrowaad.ae/legal-blog/what-are-the-reasons-for-labour-conflicts-that-lead-to-a-travel-ban-in-the-uae/

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What Are The Common Maritime Disputes And Resolution in the UAE?

The law which regulates the maritime law in the United Arab Emirates is the Federal Law No. 26 of 1981 (Maritime Code).

The provisions of the Maritime Code are to be construed which will promote domestic and foreign trade of the country and establish and develop an efficient and modern fleet of vessels for the country, to ensure economic security and growth of the country and its people.

Maritime Disputes

Disputes in the maritime sector are common and could arise out of breach of the terms of the contract, loss or damage occurred to the goods in the cargo, or collision of vessels, amongst others.

One of the options available to a party who has suffered a maritime loss, such as damage by collision, loss or damage to the goods, salvage, personal injuries caused by the vessel, salaries of the crew personnel, maritime mortgage, or disputes related to the ownership of a vessel, may apply for the arrest of the vessel under Article 115 of the Maritime Code.

Arrest of the Vessel

Under Article 115 of the Maritime Code, a vessel can only be arrested in satisfaction in satisfaction of a “maritime debt”. A maritime debt has been defined under the Maritime Code, pursuant to Article 115/2 as follows.

A claim in respect of a right arising out of any the following causes:

Damage caused by the vessel by reason of a collision or otherwise

Loss of life or personal injuries occasioned by the vessel and arising out of the use thereof.

Assistance and salvage.

Contracts relating to the use or exploitation of the vessel under a charter party or otherwise

Contracts relating to the carriage of goods under a charter party, bill of lading, or other documents

Loss of or damage to goods or chattels being carried on board the vessel

General average.

Towage or pilotage of the vessel.

Supplies of products or equipment necessary for the utilization or maintenance of the vessel, in whichever place the supply is made.

Construction, repair or fitting out of the vessel, and costs of it being in dock.

Sums expended by the master, shippers, charterers or agents on account of the vessel or on  account of the owner thereof

Wages of the master, officers and crew, and other persons working on board the vessel under a contract of maritime employment

A dispute as to the ownership of the vessel

A dispute in connection with the co-ownership of the vessel, or with the possession or use thereof, or with the right to the profits arising out of the use thereof.

A maritime mortgage

How to File for a Ship Arrest?

The application for ship arrest is to be filed with the civil court having jurisdiction. The interested party is required to provide a power of attorney signed by it in favor of a UAE local advocate, and the power of attorney must be signed before a notary public in the UAE. For a foreign company, the power of attorney must be fully legalized and translated into Arabic.

Setting Aside an Order for Arrest

According to Article 118/2 of the Maritime Code, an order of arrest can be cancelled by the competent court upon presentation of a guarantee or other security which is sufficient to satisfy the debt. It should be noted that an order for arrest will no be cancelled if the maritime debts relate to the dispute as to ownership, co-ownership, possession, use or right to profits arising out of the use of the vessel.

Blog Source Url :- https://www.alrowaad.ae/legal-blog/what-are-the-common-maritime-disputes-and-resolution-in-the-uae/

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Punishments & Fines for Safety Risk-Takers During Poor Weather Conditions in the UAE | Al Rowaad

The United Arab Emirates enforces strict traffic rules and regulations in the country. In this connection, the law governing traffic is the Federal Law No. 21 of 1995 Concerning Traffic (Traffic Law) read with the Ministerial Decision No. 130/ 1997 Issuing the Implementing Regulation for Federal Law No. 21/ 1995 Concerning Traffic (Traffic Implementing Regulations), along with other decisions, rules, and regulations.

The rules and regulations set out in the Traffic laws should be followed in the UAE, especially because a violation of the rules could lead to harsh penalties.

Obligations of the Driver

The UAE Traffic Law specifies the obligations of the drivers of vehicles while driving. For example, Article 10 of the Traffic Law requires the driver to abstain from driving the vehicle under the effect of alcohol or narcotic substances. It also requires the driver to abstain from driving if he is in a state of exhaustion affecting his capacity of control.

Similarly, Article 10/10 of the Traffic Law mandates that the driver should not exceed the maximum speed decided for the road, with due consideration to the conditions of the place, weather, the vehicle, and other safety requirements.

In accordance with Article 38 of the Traffic Implementing Regulations, the driver has to abide by the speed dictated by the condition of traffic on the road, the visibility, weather conditions, etc. He must also slow down or stop if needed when the visibility is unclear.

Black Points

It is also worth noting that the traffic department sets a record for violations that are committed by the drivers and these violations are classified according to their seriousness. Each violation has a fixed traffic point number, generally referred to as black points, which will be accumulated based on the violation.

According to the Ministerial Decision No. 178 of 2017 On the Rules and Procedures of Traffic Control, as amended by the Ministerial Decision No. 243 of 2020, driving in a way that poses danger to the driver’s life or lives, and the safety of others, will result in black points of 23 and the vehicle may be confiscated for 60 days.

Additionally, in poor weather conditions, one must be extremely careful of how to drive. Sudden swerving, going above the posted speed limits, and sudden lane changes should be avoided. If you are driving dangerously in poor weather conditions and cause serious accidents or injuries, the fine imposed will be at the discretion of the courts. That said, you will be punished with 23 black points and have your vehicle confiscated for 30 days.

Additionally, sudden swerving is liable to fines of AED 1000 and 4 black points. Reversing in a dangerous manner will also result in 4 black points, along with an AED 500 fine.

If a driver jumps a red signal, the vehicle may be confiscated for 30 days, with the driver fined AED 1000 and 12 black points.

Conclusion

It is imperative to adhere to the traffic rules and ensure that additional precautions are taken when there are poor weather conditions and low visibility. This will ensure the safety of the driver himself, the other drivers on the road, the pedestrian and the surrounding environment. It is better to be safe than sorry.

Blog Source Url :- https://www.alrowaad.ae/legal-blog/punishments-and-fines-for-safety-risk-takers-during-poor-weather-conditions-in-the-uae/

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How to Manage Claims and Dispute Resolution in the Commercial/Business Sector | Al Rowaad

Commercial sector in the UAE is booming, with foreign investments into the UAE continuing at an encouraging pace.

According to the UNCTAD World Investment Report 2022, the foreign investment in the UAE in 2021 was 20.7 billion USD (approx. 76 billion AED), which is higher than the foreign investment recorded in 2020.

Commercial Disputes – Litigation and Arbitration

With the growth of the commercial sector, the disputes in the sector are also rising. Commercial disputes are common, and often involve high stakes, having huge financial impact and depending on the parties and the provisions of the commercial contract, the commercial disputes may either be resolved through litigation or arbitration.

If the contract provides for litigation as a method of dispute resolution, then the competent court having jurisdiction will hear the matter.

Litigation

Value of Claims in Litigation

According to Cabinet Decision No. 57 of 2018 on the Regulation of Federal law No. 11 of 1992 on the Civil Procedure (Civil Procedure Regulations), minor circuit courts are competent to hear commercial matters, the value of which does not exceed AED 10 million and the value of the claim is assessed on the day of its filing and includes any interest, royalties, indemnities, expenses and other costs which are due on the day of the filing the lawsuit (Articles 23 and 24).

Article 25 of the Civil Procedure Regulations further provide that if the lawsuit relates to a contract’s validity, nullification or termination, its value will be assessed on the value of the subject matter of the contract and if the lawsuit relates to a continuous contract’s validity, nullification or termination, the value is estimated on the basis of the total monetary consideration for the contract’s entire period. In case of partially executed contract, a termination lawsuit is based on the remaining period of the contract.

Response to Claims in Litigation

The claimant files its statement of claims in the competent court, in accordance with Article 16 of the Civil Procedure Regulations. The statement of claims will set out, amongst others, the subject matter of the lawsuit, the demands and grounds based on which the demands are made.

Within ten days from the date of notification of the clam, the defendant will submit its memorandum of defense to the statement of claim, along with all supporting documents.

The competent court will then hear the matter and may also appoint an expert, if it deems necessary. The expert will submit its report to the court, the pleadings will be completed and the court will issue an order based on reasonable grounds. It is not mandatory for the court to accept the recommendation of the expert report.

Appeals

The order issued by the court of first instance is appealable to the appellate court within a period of 30 days, unless the law provides otherwise.

Arbitration

An alternative dispute mechanism which is increasingly being opted for in the commercial sector in the UAE is arbitration.

The UAE issued the Federal Law No. 6 of 2018, which is UAE’s law on arbitration.  Like other jurisdictions, in the United Arab Emirates, there has been a steady move towards arbitration as a dispute resolution mechanism with several established arbitration institutions.

Under Article 2 of the UAE Arbitration Law, this law is applicable to an arbitration which is conducted in the UAE. That said, in case the parties agree that another law should govern the arbitration, then that law will be applicable provided that it is not contrary to public order and public morality.

Article 2 of the UAE Arbitration Law further states that this law is applicable to an international commercial arbitration carried out abroad if the UAE Arbitration Law has been chosen by the parties to govern the arbitration. The UAE Arbitration Law will also apply to any arbitration arising from a dispute in a legal relationship, irrespective of contract, which is governed by the UAE laws.

Arbitration institutions conduct and administer arbitration proceedings. In the UAE, Dubai International Arbitration Centre (DIAC) is the most common arbitration institute and recently underwent an overhaul and issued new arbitration rules for itself which have come into force on 21 March 2022.

Other arbitration institutes like the Emirates Maritime Arbitration Centre and the Dubai International Financial Centre Arbitration Institute (which administered the DIFC-LCIA arbitration centre) were abolished and their assets and operations merged with DIAC, pursuant to Decree No 34 of 2021 issued by the ruler of Dubai.

Abu Dhabi Commercial Conciliation and Arbitration Centre is another arbitration institute which organizes and conducts arbitration in Abu Dhabi.

Blog Source Url :- https://www.alrowaad.ae/legal-blog/how-to-manage-claims-and-dispute-resolution-in-the-commercial-business-sector/

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What You Need to Know About Cryptocurrency Scams in the UAE?

The crypto industry has seen an immense growth in the last few years, with several countries introducing laws to regulate them.

Cryptocurrencies are digital assets representing value which can be digitally stored, traded, transferred or even used as a payment tool. Unlike legal tender or fiat currency, cryptocurrency is not issued by banks or governments, but is based on a decentralized structure which exists across a public network, allowing it to be outside the control of central authorities.

Crypto Scams

But with the growing popularity of the crypto industry all over the world and in the UAE, crypto scams have also seen a huge increase.

Crypto scams are unfortunately, a reality and occur on a regular basis with scammers using various techniques and methods to scam buyers and sellers.

In some cases, the trade offers a high return with no explanation, which could be a sign of scam.

In other cases, the scammer may pose as a broker, and offer the buyer and the seller a very profitable deal. Once the scammer has convinced the parties that the deal is worthwhile, he may insist the parties to meet in person for completing the transaction. The buyer would typically bring cash to this meeting and send his account details to the broker. The broker will forward his own account details to the seller instead of the buyer’s, and the seller would end up sending cryptocurrency to the scammer’s account.

In another type of scam, fake crypto coins are bought by the buyer. Fake mobile applications which look like authentic apps, fake crypto websites and emails which appear to be genuine correspondence from a crypto website, are also other forms of scams.

Are there Laws in the UAE regulating crypto currencies?

Yes, at present there are limited laws in the UAE which regulate crypto currencies. For example, the Securities and Commodities Authority Decision No. 23/RM/2020 regulates the offering, issuing, listing and trading of crypto assets in the UAE.

The Emirate of Dubai issued Law No 4 of 2022 on the Regulation of Virtual Assets, which aims to regulate the virtual asset industry in the Emirate of Dubai.

Additionally, Abu Dhabi Global Market also has issued specific regulations on crypto currency activities such as crypto currency exchanges, custodians, intermediaries, brokers etc.

There may also be penalties if you are involved in crypto scams.

Under the Cybercrime Law of the UAE, propagating a cryptocurrency without a license from the competent authorities could lead to imprisonment of 5 years. It could also result in fine of up to 1 million dirhams. This has been provided under Article 41 of the Federal Decree-Law No. 34/2021 Concerning the Fight Against Rumors and Cybercrime.

Article 41 states as follows.

“Everyone calls for or propagates a competition or crypto-currency or creates or manages false portfolio or company to receive or collect funds from the public for investment, management, utilization or development, without license from the concerned bodies, shall be sentenced to detention for a period of not more than (5) five years and/or to pay fine of not less than (250,000) two hundred fifty thousand Dirhams and not more than (1,000,000) one million Dirhams. The court shall order the recovery of the seized funds.”

Further, under Article 48 of the Cybercrime Law, advertising, promoting, mediating or dealing in any form of virtual currency, or crypto currency which is not officially recognized in the UAE or which doesn’t have a license from the competent authority will result in penalties including detention and fines.

Article 48 of the Cybercrime Law states as below.

“Everyone commits either of the following acts through the information network or information technology method shall be sentenced to detention and/or to pay fine of not less than (20,000) twenty thousand Dirhams and not more than (500,000) five hundred thousand Dirhams: 1. Promotion of goods or services through misleading advertisement or misstatements. 2. Advertisement, promotion, mediation or dealing in any form or encouraging the dealing in a virtual currency, cryptocurrency, stored value unit or any payments unit not officially recognized in the state or without license of the competent body.”

Conclusion

It is crucial to be fully aware and informed while dealing with crypto currencies to ensure that you are not being scammed out of your monies. Crypto transactions should be undertaken using licensed and recognized exchange platforms. It is also prudent to confirm the authenticity of the website or online crypto application before providing any personal information or details

Blog source URL :- https://www.alrowaad.ae/legal-blog/what-you-need-to-know-about-cryptocurrency-scams-in-the-uae/

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5 Common Problems Addressed by Family Lawyers in Dubai

Family lawyers in Dubai are often asked multitude of questions regarding personal status matters in the UAE. These relate to marriages, divorces, custody of the children, visitation rights of the parents, maintenance and related matters.

In this article, international divorce lawyers will answer some of the issues related to family law.

1.                 Can spouses divorce by mutual consent? 

Yes, spouses can mutually consent to divorce in the UAE. According to the divorce lawyers, the spouses may agree to divorce by entering into an amicable settlement agreement which will contain the agreed positions on crucial post marital rights and obligations between the parties. 

2.                 Does the Settlement Agreement have to be Signed by the Parties? 

Yes, the settlement agreement has to be signed before the family guidance department of the family courts. For this, you may: 

·                    Open a family guidance file in the family courts.

·                    Finalise the agreement and have the draft in agreed form.

·                    Sign the settlement agreement before the judge.

·                    Have the court grant you divorce based on the settlement agreement. 

3.                 Who will have custody of the children? 

According to family and divorce lawyers, mothers may usually have custody of the child (unless she is unfit) till the daughter completes 13 years and the son, 11 years. After the child crosses these ages, the father may claim custody of the child. However, the laws related to custody are not so simple and there are many conditions and circumstances which should be given due importance. 

For example, Article 143 of the UAE Personal Status Law mentions that a custodian should: 

·                    have sound judgement and attained the age of majority;

·                    have the ability to raise the child and provide for his maintenance;

·                    have fidelity;

·                    be safe from dangerous contagious disease; and

·                    not be convicted for a crime against honor. 

Additional conditions apply if the custodian is a woman. 

4.                 What about maintenance? 

The wife may claim maintenance during the divorce proceedings, for her and the children. She may claim the following: 

·                    Back dated expenses. If the husband has not provided maintenance support. However, claim would be barred if it is for more than 3 years, unless agreed by the parties. Financial support may also be claimed without filing for a divorce case.

·                    Maintenance during Iddah period. Iddah is a period that the wife must mandatorily spend without marriage after separation to confirm if she is pregnant.

·                    Dowry: Deferred dowry, payable at the time of dissolution of marriage through death or divorce may be claimed.

·                    Maintenance for the children: The wife may also claim maintenance for her children, as well as fees for acting as a custodian. 

These are only some of the claims which can be raised. For more advice on financial claims during divorce proceedings, you should get in touch with divorce lawyers in Dubai. 

5.                 What about the visitation rights of the parent? 

If the spouses have agreed on the visitation rights of the parents under the settlement agreement, then the agreed terms will be followed. However, in cases where no such agreement has been made, the judge is entitled to decide on the maintenance for the children, right of visitation of the parent along with the period of visitation, place of visitation, amongst others.

 Source: https://criminallawdubai.blogspot.com/2022/10/5-common-problems-addressed-by-family.html

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Benefits of Hiring a Criminal Defense Lawyer in the UAE

Have you found yourself embroiled in a criminal matter? Maybe you have been accused of theft, or breach of trust or cybercrime. Maybe you are just wondering about the role a criminal defence lawyer plays in a criminal matter.

This blog will give you a quick insight regarding what a criminal defence lawyer does and the benefits of hiring such a lawyer.

What Does a Criminal Defence Lawyer Do?

A criminal defence lawyer represents individuals before the courts who have been charged with criminal offenses.

The criminal defence lawyers in Dubai will defend the accused in order to make sure that he is not held guilty for the crime, so that the court acquits him of the criminal charges.  

What are his Duties and Responsibilities?

The responsibilities of a criminal defence lawyer include:

·                    He prepares the documentation for the court, including statements, memos, etc. 

·                    He argues before the courts to defend the accused in the criminal matter. 

·                    He examines the witnesses on the stand and may cross examine them as well. 

·                    He reviews the memos, expert reports, or other documents received from the prosecutor or the court and prepares defence to such documents. 

Why Do You Need a Criminal Defence Lawyer?

It is important to understand that when a crime is committed, it is committed against the society. The prosecutor represents the “people” in criminal matters, whereas criminal defence lawyer represents the accused.

You must hire a criminal defence lawyer in Dubai to defend you in criminal matters because of the following top reasons.

·                    A criminal defence lawyer knows the criminal law and the criminal procedures very well. It would serve no purpose if you hire a lawyer who is an expert in real estate to defend you in a murder charge. 

·                    Criminal defence lawyers in Abu Dhabi are experts in their field, with world class knowledge of criminal issues and how to defend them. Criminal defence lawyers in Dubai also have a vast amount of experience and expertise to defend a criminal matter of all complexities.  

·                    Expert criminal defence lawyers in Dubai will argue the matter before the courts in order to defend the accused, with precision and class. 

·                    Criminal defence lawyers in the UAE will advise his client on the best way forward – for example, regarding the type of evidence allowed before the courts, timelines on when the appeal against a judgement can be filed in case the defendant in convicted, etc. 

·                    Criminal defence lawyers will also follow up regularly with the court regarding the next court dates and keep the client updated.

Conclusion

These are only some of the benefits of hiring a criminal defence lawyer in the UAE. One should understand that criminal matters are highly dynamic, personal in nature, often involving high stakes and warped in complexities.

Therefore, hiring the best criminal defence lawyers in the UAE will enhance your chances of winning the case as they would bring in their years’ experience, acute understanding of the law, having argued all types of cases and.

Get in touch with the best criminal lawyers today!

Source: https://criminallawdubai.blogspot.com/2022/10/benefits-of-hiring-criminal-defense.html