Category Archives: Strategic Legal Applications

Oct 30, 2023

Arresting debtors in execution cases has been restricted

On 24 October 2023, The Dubai Cassation Court ruled decision no.4 of the General Authority of Cassation decisions. Arresting debtors in execution cases has been restricted by the new guidelines. The ruled decision has been issued based on the given opinion of the General Authority of Cassation for free consultation CALL US NOW

The legal ground for arresting or imprisonment debtors

The new decision required conditions that should be met to issue an arrest or imprisonment decision. Statement of inability to pay their debts is one of the common reasons for any execution case, But it leads to the crucial question; who has the responsibility to prove this inability?

The issued decision has been derived from the principle of (solvency & insolvency of the debtors).
Islamic law is one of the main resources of the law in UAE which assumes that the debtors are insolvent by default. Thus, it’s presumed that they can’t pay their debts unless proven otherwise.

Proving solvency is a requirement to arrest debtors in execution cases

Accordingly, proving the solvency of the debtors who cannot pay their debts falls on the execution applicant. The newly applied guidelines assigned the creditors showing evidence that their debtors truly could pay in order to make such decisions. Thus You can’t just imprison them or seize their freedom without providing proof.

The Court’s Brief Investigation Before issuing an arresting debtor Decision

the execution court shall take a brief investigation as a fact-checking process. During this investigation, the claimant should prove their allegations of the debtor’s solvency. Also, they could prove if there are illegal transactions of hiding debtor’s properties or other intended
behaviours behind their financial struggles.

Finally, it is a valuable legal development in the UAE legal system. that arresting debtors in execution cases has been restricted to a fair limit. the decision delivered a higher level of justice and reasonability of the end results. Arresting or imprisonment of debtors in execution cases will require significant preparation in the legal procedures from litigators. Thus we strategically, advise applying the new legal application proactively against those who might prepared their claims in bad faith.

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Oct 15, 2023

Legal Notices in UAE, the legal proactiveness

In the corporate world, safeguarding interests and ensuring legal compliance is not only good practice but also a cost-effective strategy. Legal Notices in UAE, however, it’s a formal notifications to inform others about a company’s intentions or rights, but they play a vital role in achieving these objectives proactively. This post will delve into the benefits of using legal notices in a corporate setting, with a focus on how being proactive with these notices can lead to substantial cost savings. CALL US  for immediate free legal consultation.

It is a Clear and Effective Communication

Apart from executive meetings, calls or badly written emails, the Legal notices facilitate clear communication, reducing misunderstandings and the potential for disputes especially in “the big matters”. By addressing issues early, legal notices can save companies from falling into big legal fighting and significant expenses.

Strengthening Agreements in Fluctuated Stages

Only professional who knows when to support agreements Proactively using legal notices to make it more robust especially in the exceeding deadlines, late payments or fluctuating deliverables.

Protecting Intellectual Property and Assets

Early legal notices assert and safeguard property rights, deterring unauthorized use or infringement before infringers invest more along with their legal defence.

Legal Notices in UAE Mitigating Conflict Resolution

Soft-tone legal notices can serve as the initial step in resolving disputes, once it prepared carefully with a make-sense argument; it pushes the resolution a further step, preventing conflicts from escalating which may end in costly legal action.

Legal Notices in UAE mandatory for Contract Termination

In UAE law, most legal cases require a clear legal notice within a specific period to state the ending of commercial or civil contracts as a formal requirement in front of the relevant courts.

Employee Related Matters

Any form of notice to the employees, even WhatsApp messages considered as evidence in employment cases, reducing the risk of losing their cases in the employment court. Also, it prevents much harm for corporates such as reminding departing employees about non-disclosure or non-compete agreements, safeguarding a company’s confidential information from leaking to competitors and much more.

Mitigating Defamation Risks

Social media statements when carrying strong messages among the circle of stakeholders considered a Proactive legal notice which reduces the likelihood of individuals making false statements about a specific situation or a negative historical accident.

Our Advice for the legal notices in UAE

However legal notices are a simple, costless indispensable tool, but they need a sensitive follow-up from your legal representative who could manage easily the sequences of such procedures. Thus, Selecting the best corporate consultant with a matched business perspective will definitely get your corporation the most benefits from noticing others. For such services CALL US for a free legal consultation.