Mr. Hassan Elhais is professional lawyer in Dubai. Advocate Hassan Elhais is specialized in criminal, divorce, family legal consultants & Property Law in Dubai, UAE.
Maritime Law in UAE - Assets Siezed Through Vessel Arrest. Except in specific circumstances, an arrest may be made of not only the vessel to which the claim relates but any other vessel owned by the defendant at the time the claim occurs.
However, if the dispute relates to ownership, mortgage, possession or profits resulting from use of the vessel the no further arrest of vessels can be made. The FML also accepts any debts that confer priority rights against a vessel, including judicial costs in the sale or protection of a vessel, port dues, claims for salvage, collisions or assistance or hull insurance among others. Dubai Property Agents To Verify Ownership Data. The Dubai Land Department (DLD) has told property brokers to ensure that any landlords who approach them with properties available for sale or rent actually own them.
The department's real estate licensing arm said in a circular that it now requires all of its registered brokers to "verify real estate ownership data" before selling or renting a property, and that verification can be carried out through its own Smart Broker app through which owners submit registration details. The new system will help to combat real estate fraud, which has been a common problem in the UAE and one which Hassan Elhais, a senior partner with law firm Al Rowwad Advocates and Legal Consultants, told The National in June was on the rise. Potential tenants and owners have handed over sizeable cheques either to supposed owners or representatives to move into properties only to find that they are owned by someone else. "However, the creation of the new Dubai brokers app makes it very easy now. " Mr. Back to top. UAE maritime Law - The Law of Arrest In Shipping Matters. Home to one of the biggest ports in the world, the UAE is an integral shipping hub in the global trading ecosystem.
While shipping law can be a complicated area of the legal framework given competing jurisdictions involved in the international arena, the UAE has its own laws with respect of sorting out maritime disputes. In the case of maritime debt, Law 26 of the UAE Federal Maritime Law (FML) allows for a right of arrest as a so-called "provisional relief". While a list of what constitutes a "maritime debt" can be found in Article 115 of the FML, there are a number of grounds that must be made out. Once an application is made to the Civil Court, which has jurisdiction over the ports, a plaintiff must show both evidence of a maritime debt and that unless an arrest order is made the defendant is likely to either leave the country entirely or act in a way that is prejudicial to the rights of the plaintiff. The plaintiff may also be asked to provide a bank guarantee as a form of security.
Family Law - Family Court Process. 1.
Statement of Claim The statement of Claim is drafted by the Claimant or the lawyer. Criminal Law - Penalty For Sharing Company Secrets. Question: A member of my family was working for a company and he forwarded confidential information to a third party.
He did not know that it was a crime and now he has been arrested. What should he expect as punishment? Answer: Article 379 of the UAE Penal Code states that punishment by detention for a period of not less than one year and by a fine of not less than Dh20,000, or either of these two penalties, shall apply to anyone who is entrusted with a secret by virtue of his profession, trade, position or art and who discloses it in cases other than those lawfully permitted. However, there are options his lawyer could pursue. The information he disclosed must be deemed secret by the company and if it is not then no crime exists. Question: I filed an arbitration case and won but what can I do to collect my money? Religion A Factor In Claiming Husband's Estate in UAE - Professional Lawyer.
Question: I was married to a Muslim man in an Islamic marriage but I am not Muslim.
We have two children but my husband recently passed away and I was wondering about my right to his assets. As a non-Muslim, do I have any right to his estate? If not me then do our children have any rights to their father's assets? And does the fact that their mother is a non-Muslim have any effect on their rights? Referral Order After Completion of Investigation. After the investigation process in the public prosecution is completed, if the General Attorney decides to transfer the case to Criminal Courts by issuing referral order, attendance of the accused becomes mandatory in the criminal court proceedings.
However, he has to be given an advanced notice of 3 days before the hearing date, if the crime is a misdemeanor. The period has to be 10 days if the crime is a Felony. The court notice has to indicate what the charges are and what the penalties are. Psychological State An Excuse to Avoid Suicide Attempt Charges. Question: I've been having family problems and I'm in a bad psychological state.
I tried to commit suicide but I was arrested and face charges. Can my bad psychological condition be used as an excuse to avoid jail or at least reduce any sentence given to me? Answer: According to article 60 of UAE Federal Criminal Law No 3 of 1987 and its amendments, "a person shall not be criminally responsible if, at the time of crime, he was unconscious or out of his senses because of madness or mental handicap, or because of unconsciousness caused by drugs, narcotics or intoxicants of any, whether given to him forcibly or taken by him unknowingly, or for any other cause which has been scientifically proven to obliterate comprehension or will". So this means that there are two psychological states that a judge must consider - whether a person is conscious and in control of their actions or whether they are unable to control their actions totally.
Back to top. Rules and Regulations Followed In Criminal Cases - Professional Lawyer. It is important for any accused in any criminal case to understand what his rights are in criminal sessions and to be able to at least imagine how things might work in such sessions or how the law is organized.
That is why, I felt it was important to draft this article on the basis of the Criminal Procedures Law, Federal Law No. (35) Of 1992 and its amendments. In general, attendance of the accused is mandatory in the criminal cases unless the expected sentence of the crime does not include jail or deportation and is only limited to fines. Secure Assets Before Marriage - Professional Lawyer.
Question: I am a western woman living in the UAE.
I am considering marrying an Arab man but want to make sure that the marriage (which would be out of love) does not affect my earnings before the marriage and my retirement provisions, which are in the USA and Canada. I have been married before and I am concerned about the finances. I am willing to be a supportive wife and do what is necessary but I also want to secure my assets.
Should I get a lawyer to draft a prenuptial agreement? Answer: UAE law does not have the provision for a prenuptial agreement but you will be pleased to know that the law does state that a husband cannot claim any assets his wife has acquired from her earnings, whether these earnings were made before or after the marriage. Family Law: Special Conditions in the Marriage Contract. Marriage contracts usually take a standard format, however special conditions may be added into marriage contracts. Such special conditions can provide different rights to either of the parties, but we have seen a prevalence of conditions which focus on giving the wife additional rights. Marriage contracts usually take a standard format, however special conditions may be added into marriage contracts. Such special conditions can provide different rights to either of the parties, but we have seen a prevalence of conditions which focus on giving the wife additional rights. Business Law: Limiting Trademarks Infringements.
The United Arab Emirates is regarded as a commercial hub of Middle East, which facilitates in the practice of commercial activities in a lucrative and tax free environment. The legal system endeavors to protect producers and consumers from Trademarks infringement. Trademark infringement is a violation of exclusive rights attached to a trademark without the authorization of the trademark owner or any licenses (provided that such authorization was within the scope of the license).
Infringement may occur when one party, the “infringer”, uses a trademark which is identical or confusingly similar to a trademark owned by another party, in relation products or services which are identical or similar to the products or services which the registration covers. The UAE trademarks law stipulates that trademark infringement is punishable by imprisonment and/or fine of AED 5000.
Family Law: Adoption in The UAE. Sadly a great number of children are abandoned in the United Arab Emirates each year. Most likely this is as a result of young mothers being fearful of the repercussions of bearing a child outside wedlock. It is a criminal offence in the United Arab Emirates to have a sexual relationship outside marriage. Sadly a great number of children are abandoned in the United Arab Emirates each year.
Most likely this is as a result of young mothers being fearful of the repercussions of bearing a child outside wedlock. Business Law: Trademarks - Ownership. Registering the trademark is regarded as a presumption that implies a person who submitted the request for registration is the first to use such trademark. Nevertheless, that presumption can be rebutted by a third party proving that he/she was previously using the same trademark. UAE Trademarks law stipulates that “the ministry and whoever involved shall have the right to ask for judging with striking out the trademark which may be registered with no right and the ministry shall strike out the registration whenever a final judgment is presented to it in the executive form”.
This kind of dispute usually takes place when an international body has an interest to register its international trademark within the UAE jurisdiction. In some cases such international body may find its international trademark already registered through a local entity. EzineArticles Submission - Submit Your Best Quality Original Articles For Massive Exposure, Ezine Publishers Get 25 Free Article Reprints. Family Law: Child Custody Laws in The UAE. Business Law: Introduction to Trademarks. Trademark has a major value for any business, and one of the primary concerns of any well established or successful business man. Therefore at the beginning we must clarify what a Trademark is, its importance, and how the law protects its owner, and the legal procedures to register a trademark. UAE Trademarks law and Courts’ judgments defines Trademark as any recognizable mark that identifies products or services supplied through its producers or owner.
Such a mark can be a drawing, sign, shape or words…etc. Also, in some cases a voice or sound can be recognized as a trademark for the product or service. Trademark is important because it helps businesses build and retain demand for their products and services while enabling consumers to quickly identify and make a purchase based on a recognized trademark. Therefore, UAE has laws and regulations to regulate registration of a trademark and protect it. Back to top. Family Law: Adoption in the UAE. Introduction. Business Law: Responsibilities Of The Limited Liability Companies Manager. In a limited liability company the manger can be appointed in the company’s memorandum of association or in a separate agreement.
His appointment can be for a limited period or an unlimited period. Family Law: Child Protection Laws in the UAE. Introduction The Community Development Authority (CDA) of Dubai has recently drafted a new child protection policy, which protects children, investigates abuses against their rights, and provides government services to families and children believed to be in danger. Inheritance Law: HEIRS ACCORDING TO SHARIAH - Principles of Succession. Shariah lays down the relations that qualify as heirs following the death of an individual. The deceased's estate can only be transferred to persons who qualify as heirs under Shariah Law principles. Family Law: Special Conditions in the Marriage Contract. Introduction Marriage contracts usually take a standard format, however special conditions may be added into marriage contracts. Such special conditions can provide different rights to either of the parties, but we have seen a prevalence of conditions which focus on giving the wife additional rights.
Inheritance Law: Rules of Succession in Dubai. Family Law: Jurisdiction. Introduction Domicile is defined as a place where an individual resides and see’s their long term home to be. Arbitration Law: Challenging An Arbitration. In this case the losing party will file an annulment case. However, it may be possible to argue that the parties have accepted the tribunal’s jurisdiction, or have waived any right to object, or have lost that right by not objecting at the first opportunity.
Family Law: Husband and Wife Rights Under Shariah Law. Introduction Family article on husband and wife rights under Shariah Law. Arbitration Law: Enforcing Arbitration Awards. Family Law: Child Custody Laws in the UAE. Arbitration Law: Terms Of References. Family Law: Custodial Rights of Children in UAE. Arbitration Law: Appointing Arbitrators. Family Law: Parental child Abduction. Arbitration Law: Rise of Arbitration. Family Law: Child's Best Interest In The UAE. Arbitration Law: Power Of Attorney. Family Law: Divorce in the UAE. Criminal Law: Road Traffic Injury. Validity Of Pre & Post Nuptial Agreement. Criminal Law: Five points about breach of trust before you accuse somebody. Family Law - Parental Child Abduction. Fraud: Criminal Law. Family Law - Inheritance Rules for Non-Muslims in the UAE. Finance: Criminal Law. EzineArticles Submission - Submit Your Best Quality Original Articles For Massive Exposure, Ezine Publishers Get 25 Free Article Reprints. Childs Best Interest in UAE.
Family Law - Inheritance Rules for Non-Muslims in the UAE. Child Protection Law in UAE. Special Conditions in the Marriage Contract. How To Inheritance Rules for Non-Muslims in the UAE. Family Law - Child’s Best Interest in the UAE. Adoption in the UAE. Family Law - Child Protection Laws in the UAE. Jurisdiction & Conflict of Law in UAE. Family Law - Custodial Rights of Children in the UAE. Finance, Capital & Property Allocation after Divorce in UAE.
Children- Custody or Parental Responsibility in UAE. Family Law - Child’s Best Interest in Dubai, UAE. Jurisdiction - Family Law in the UAE. Family Law - Special Conditions in the Marriage Contract. Validity of Pre and Post: Nuptial Agreements. Divorce, Nullity and Judicial Separation. Reciprocal Enforcement of Financial Orders. Divorce Law in Dubai, UAE. Family Dispute Resolution: Mediation, collaborative Law and Arbitration. International Abduction : Family Law in UAE. Parental Child Abduction in the UAE. Marriage Dissolution : Family Law in UAE. HEIRS ACCORDING TO SHARIAH: Principles of Succession. Arbitration Lawyer in Dubai, UAE. Custodial Rights of Children in the UAE. Husband and Wife Rights Under Shariah Law : Article by Mr. Hassan Elhais. Divorce Law in Dubai, UAE : Article by Mr. Hassan Elhais. Validity of Pre and Post Nuptial Agreements: Article by Mr. Hassan Elhais. Parental Child Abduction: Article by Mr. Hassan Elhais.
Parental Child Abduction: Article by Mr. Hassan Elhais. Special Conditions in the Marriage Contract, UAE: Article by Mr. Hassan Elhais. UAE Consumer Rights: Incorrectly Priced Products. Consumers urged to learn their rights in the UAE. Custodial Rights of Children in the UAE: Article by Mr. Hassan Elhais. Massage can be a crime in Dubai. Adoption in the UAE: Article by Mr. Hassan Elhais. International Coverage of UAE Law: Ignorance is no Excuse. Divorcees could pay their alimony via an ATM. Custodial rights of children in the UAE: Article by Mr. Hassan Elhais.
Jurisdiction – Family Law in the UAE: Article by Mr. Hassan Elhais. Divorce in the UAE - Article by Mr. Hassan Elhais. Child protection laws in the UAE - Article by Mr. Hassan Elhais. Childs Best Interest in the UAE - Article by Mr. Hassan Elhais. Child Protection Laws in UAE - Article by Mr. Hassan Elhais. Child Custody Laws in the UAE. Family law Dubai, UAE. Lawyers in Dubai. Legal advisors in Dubai, UAE. UAE Lawyers. Law of Employment in Dubai, UAE - by Mr.Hassan Elhais. Consumption of drugs is criminal offense - Article By Mr. Hassan Elhais. Alcohol and Licensing - Criminal laws in Dubai by Mr.Elhais. Hassan Elhais - Criminal Law Articles. Alcohol and Licensing in Dubai, UAE - Article By Mr. Hassan Elhais. Employment Law Articles - Hassan Elhais.