UAE Laws and Islamic Finance

Laws of the UAE and Islamic Finance

Archive for April, 2010

Procedures of Execution of Judgment in the UAE

 

Federal Law No. 11 of 1992 The Civil Procedure Law

Article 239:

  1. Execution shall be preceded by summons of the execution deed according to the procedures of summons prescribed under this law.
  2. The summons shall include a statement of the debt and the debtor’s charge to repay it within fifteen days of the date he was notified.  It shall include the designation of a selected domicile for the person who applies for the execution at the court circuit where the execution is conducted, if his original domicile, his place of work or his selected domicile does not exist therein.
  3. If an executive instrument has been issued on the basis of a credit opening contract, an extract of the debtor’s account shall be taken from the creditor’s commercial books and delivered therewith.
  4. In the case of execution for vacating a premises or handing over moveable or immoveable properties, the notice of the executive deed shall include an adequate description of these properties. If the deed of execution includes a fixed time for vacating or for handing over, the notice shall include such a time.

 

Article 240:

  1. If upon delivery of the executive deed or at any stage of the proceedings, the debtor offers to the representative of execution to pay the amount in execution or any part thereof, the representative shall enter this in the record and shall instruct the debtor to deposit the amount offered with the court’s treasury in favor of the execution applicant on the same day or on the following day at the most.
  2. If the amount offered is a part of the debt, the representative shall purpose the execution as to the balance.

 

Article 241:

The execution representative may not break open doors or forcibly remove the locks in order to carry out the execution except under the approval of the execution judge; however, this operation shall be conducted in the presence of a policeman who shall have to sign the report of execution otherwise it shall be void.

Article 242:

  1. If the debtor dies or becomes disqualified or if the capacity of the person acting on his behalf comes to an end before the start or end of the execution, the execution may not be effected against his heirs or whoever acts on his behalf until eight days after the executive deed is delivered to them.
  2. If the creditor dies or becomes disqualified or if the capacity of the person acting on his behalf ceases to exist after the start of execution all the procedures of execution and all the dates applicable to him shall be suspended until they have been expedited by either party to the execution.
  3. Before the lapse of three months from the date of death, the notice referred to served in the preceding two paragraphs may be made to the heirs jointly at the last domicile of their testator without stating their names and capacities. 

 

Article 243:

The third party may not discharge the executive deed liability nor may he be forced to discharge it until after notifying the debtor of his intention to effect this execution at least eight days before its performance.

Execution of Foreign Judgments, Orders, and Deeds in the UAE Courts

 

Federal Law No. 11 of 1992 The Civil Procedure Law

Article 235:

  1. Judgments and orders given in a foreign country may be executed in the UAE under the same conditions prescribed by the law of such country.
  2. The order for execution shall be applied for before the court of first instance in whose circuit the execution shall take place in the usual procedure for submission of the action;  however, the order for execution may not be effected except when the following has been ascertained: –

 

a.)    That State courts have no jurisdiction over a litigation in which the judgment or the order has been given and foreign courts that have issued them have jurisdiction according to the international judicial jurisdiction prescribed in their laws.

b.)    That a judgment or order has been issued be a competent court in accordance with the law of the country in which it is issued.

c.)    That the parties to a lawsuit in which a foreign judgment has been issued have been served with a summons to appear and that they are properly represented.

d.)   That the judgment or order has acquired res judicata power according to the law of the court that issued such an order.

e.)    That it is not contradictory with a judgment or order already issued by a court in the State and that its contents are not in violation of public order or morals therein.

Article 236:

The provisions of the preceding article shall be applied to the arbitrium issued in a foreign country.  The arbitrium shall be given in an arbitrable question according to the law of the state and be executable in the country where it was issued.

Article 237:

  1. Authenticated instruments and records of reconciliation attested by the courts in a foreign country may be ordered to be executed in the state under the same conditions stipulated in the law of such a country for the execution of like instruments issued in the UAE.
  2. The execution order referred to in the preceding paragraph shall be demanded by a petition to be submitted to the judge of execution.  The execution order may not be made until after ascertaining that the requisite conditions for enforceability of the instrument or the record are met according to the law of the country where the attestation or authentication thereto has been made, and that it is free from anything that violates morals or public order in the state.

 

Article 238:

The rules provided for in the preceding articles shall not affect the terms of treaties between the UAE and other states in this respect.

Summary Enforcement Under UAE Civil Procedure Law

 

Federal Law No. 11 of 1992 The Civil Procedure Law

Article 227:

  1. Judgments may not be compulsorily executed if their objection by appeal is admissible unless the summary enforcement is provided for in the law or awarded in a judgment.
  2. Nevertheless, preventive measures may be taken in accordance therewith.

 

Article 228:

Summary execution is required by force of law in the following cases:

a.)    Judgments issued in summary matters regardless of which court issued them.

b.)    Orders issued on petitions.

Summary enforcement of execution shall be without guarantee, unless it is provided in the judgment or in the order for submission of a guarantee.

Article 229:

At the request of an interested person, the court may include the summary enforcement of the execution in its judgment with or without a guarantee in the following cases:

  1. Judgments issued in commercial matters.
  2. If the adjudged party has admitted the existence of the obligation even if he contests its scope or alleges its expiry.
  3. If the judgment has been given in execution of a former judgment having the force of res judicata if it entails the summary enforcement of execution without a guarantee or if is based on an official deed which has not been challenged for forgery or an unrenounced  conventional deed when the adjudged person is a party to the former judgment or party to the deed.
  4. If the judgment is given in favor of the applicant for execution in a dispute relevant to him.
  5. If the judgment is given for payment of wages, salaries, or compensation arising from a work relationship.
  6. If the judgment is given in a lawsuit for possession or for eviction of a tenant whose lease has expired or been revoked, or for vacating the occupant of a lease-hold who has no need, where by the plaintiff ‘s right is not renounced or if it is established by an official deed.
  7. In any other case, where the delay of execution causes serious damage to the interests of the decree holder, however full details to this effect shall be given in the judgment.

 

Article 230:

  1. Compulsory summary execution, by law or by judgment shall be extended to the annexes of the original demand and to the expenses of the lawsuit.
  2. No agreement before the judgment may be made to include the summary enforcement in any case other than those mentioned herein above.

 

Article 231:

In cases where the judgment or the order may be executed except by a guarantee, the debtor shall have the choice either to introduce a solvent guarantor or to deposit in the court’s treasury an adequate amount of money or securities to accept the deposit of execution proceeds in the court’s treasury or to hand over the thing which the judgment has ordered to be delivered or the order to a trustworthy receiver.

Article 232:

  1. The party who is obliged to provide the guarantee shall declare his choice either through the representative of the execution in an independent paper or through the notification of the executive deed. 
  2. In all cases, the choice shall include the designation of a selected domicile for the applicant of execution in the state if he has no domicile or place of work therein where the papers of the dispute over the guarantee can be delivered to him.
  3. The interested party within three days of the notification of the choice shall present the judge of execution with a complaint in which he disputes the solvency of the guarantor, the trustworthiness of the receiver or the adequacy of the deposited amount.  The judgment concerning the complaint shall be final.
  4. If the complaint has not been submitted on time or if it has been submitted and rejected, the judge of execution shall take a pledge from the guarantor to provide the guarantee or from the receiver to accept the receivership.  The record that includes the pledge of the guarantor or the receiver shall be tantamount to an executive deed towards him of the commitments incumbent upon the guarantor or upon the acceptance of the receiver.

 

Article 233:

  1. A grievance against the judgment description may be raised before the court of appeal by the usual procedures for submission of appeals and the time for appearance shall be three days.
  2. This grievance may be presented in the session even after the lapse of the appeal time, while the appeal submitted on the judgment is being heard.
  3. The judgment on the grievance shall be issued independently of the merits.

 

Article 234:

  1. In all cases, the court to which the appeal or grievance is submitted, shall order the stay of execution at the request of the interested person if serious damage may result from the execution.
  2. When it orders the stay of execution, the court may require a guarantee or order whatever it considers to be a surely to preserve the right of the decree holder.

The Execution Judge in the UAE (Execution of Judgments)

Federal Law No. 11 of 1992, The Civil Procedure Law

Article 219:

  1. Execution shall be conducted under the supervision of the execution judge, to be seconded at the premises of each court of first instance and shall be assisted by an adequate number of execution delegates.
  2. The procedures before the court of first instance shall be observed before him unless otherwise provided by law.

 

Article 220:

1. The judge of execution shall be entrusted exclusively with the execution of the executory deed.  He shall dispose urgently of all provisional disputes of execution, and shall also be competent to pass judgments, decisions and orders pertaining to them.

2. The authority of the execution judge for execution shall be within the court circuit that issued the judgment, decision or order, or in which the executor deed has been authenticated or attested, or in the court circuit in which the domicile of the debtor or his properties is located.

3. If the execution is relevant to a provisional order or a notification, and if the place for execution of the order is located in another court circuit, the competent judge of execution shall delegate the execution judge in whose circuit the order is required to be taken to carry out the execution.

4. If the execution deals with:

  • Attached debtor’s movables within another court circuit;
  • Attached properties belonging to a third party whose domicile lies within another circuit court;
  • Attached real estate lying within the circuit of another court or several court circuits;
  • The obligation to hand over a particular thing when the domicile of the debtor lies within the circuit of another court.

The competent judge of execution shall refer the matter to the judge of  execution in any of the above circuits in order to hand over such a thing or  to sell such attachments.

5. If the attachments to be dealt with by the judges of execution in different court circuits are numerous, the judge of execution who conducted the first attachment shall be entrusted with the distribution of the sales proceeds among the creditors.

6. If the procedure to be executed is an order for imprisonment in accordance with the rules governing imprisonment as shown in this law, and if the domicile of the debtor exists within a court circuit other than the court in which the executory deed is to be executed, then the relevant judge of execution shall refer the matter to the judge of execution in whose circuit the procedure is to be taken to conduct the investigation, issue the appropriate order and execute it.

Article 221:

  1. Delegation or remittal shall be made by the competent judge of execution to the judge of execution in whose circuit the procedure is to be taken with all the legal documents required for its execution.
  2. The delegated judge of execution or the judge to whom the execution is remitted shall make decisions necessary for the execution of the deputation or remitment and shall dispose of the complications of executions referred to him and his appellate decisions shall be appealable before the court of appeal in his circuit.
  3. The judge of execution who made the deputation or the remitment shall inform the judge of execution of the action taken and shall refer to him any things received by him or other monies obtained from the sale of the attached items.
  4. If the deputed judge of execution or the judge to whom the action is referred finds that there are legal causes that prevent the execution or if it becomes in executable for any other reason, he shall inform the competent judge of execution accordingly.

 

Article 222:

1. The orders of an execution judge shall be appealable in the following cases:

a.)  Jurisdiction or lack of jurisdiction of the judge of execution for performance of the executor deed.

b.)  Whether or not the attached properties are attachable or saleable.

c.)   Entry of persons other than the parties to the litigation in the attachment.

d.)  Arrangement of priority among the judgment creditors.

e.)   Stay of execution of a judgment for any reason.

f.)    Whether or not the imprisonment of a person failing to pay the adjudged amount is admissible.

g.)  Giving the debtor a grace period for payment or payment by installment of the amount in respect of which the execution is effected.

2. These decisions shall be appealed before the competent court of appeal within seven days of the issuances of the decision if it is in appearance, and from the day it is delivered if it is issued in nonappearance.

3. As a result of the appeal, the execution shall be stayed until the court of appeal disposes of the dispute.  However, if the appeal is against the guarantor approved by the judge of execution, and be liable for the appearance of the debtor or payment of the amount in case of his inability to bring him.  However, if the guarantor fails to bring his guaranteed, the judge shall order him to pay the value of the guarantee, which will be collected from him in the manner by which the judgments are executed.

Article 223:

  1. A special register shall be maintained by the court in which the applications of execution are entered.
  2. A file shall be allotted for each application in which all papers relevant to these applications shall be deposited.
  3. The file shall be presented to the judge of execution and all judgments, decisions, and orders issued by him shall be recorded therein.

 

Article 224:

  1. The execution shall be conducted by the execution delegates at the request of the concerned parties upon presentation of the execution deed and as ordered by the judge of execution.
  2. If resistance or trespass against the representative of execution occurs, causing obstruction to the execution, all preventive measures shall be taken and the assistance of the public force should be called upon.

How to install Dubai Public Prosecution e-laws application on your I-phone

 

http://www.dxbpp.gov.ae/iphone.aspx

About E-Laws:

http://gulfnews.com/news/gulf/uae/crime/uae-legal-system-enters-new-domain-1.618995

About the Dubai Public Prosecution:

The Public Prosecution was formed as an independent department by order of His Excellency Sheikh Maktoum Bin Rashed Al Maktoum, State vice-president, Prime Minister, Ruler of Dubai, by virtue of law (8/1992).

– The Public Prosecution was instituted to achieve justice as concerns the public rights of the Emirate.

– The Public Prosecution has exclusive jurisdiction to institute and follow-up criminal lawsuits, being part of the judiciary set-up exercising the powers of investigation and indictment and referring the accused to the competent courts should it be established that he is implicated in the crime. In addition, the Public Prosecution supervises the development stages of the lawsuit in the criminal courts.

– In performing its duties, the Public Prosecution emphasizes on streamlining and expediting the procedures without affecting the smooth course of justice. It extends its services to the public, assists it to obtain its rights and enforces the implementation of justice.

– The Public Prosecution is in charge of the writs of judicial assistance concerning the surrender and follow-up of criminals in cooperation with the international criminal police in order to prevent the escape of the culprit from one state to the other thus seriously violating the State’s right in punishing the criminal.

– The civil prosecution has jurisdiction in representing the government of Dubai and its local departments, institutions and public bodies before the civil courts in all stages of the trial whether by filing civil suits against third persons or defending local departments, institutions and bodies in case they are sued before the civil courts.

– The civil prosecution was instituted in 1992, under the name of Personal Status Prosecution, by Law no. 6 of 2004 concerning the Wakfs and minor affairs Institution. The matters of following up the funds of minors, interdicts and absentees by the civil prosecution were severed from its jurisdiction in order to be in charge directly of controlling the minor’s funds and supervising wakfs, protecting and investing these funds before the competent courts.

Settlement Agreements in the UAE

 

When drafting a settlement agreement in the UAE, it is important to add a clause making the agreement an executive deed under Article 225(2)(b) of the UAE Federal Law No. 11 of 1992.  This transforms the settlement agreement into an executive deed capable of execution as a judgment in the UAE courts.  The agreement must be in both English and Arabic and notarized before the Courts in order to be effective as an executive deed.

Article 225 states:

1. Compulsory execution may not be effected except by an executive deed  for an existing right to a specific amount and matured payment.

2. Executive Deeds are:

a. Judgments and orders;

b. Instruments authenticated according to the law regulating the authentication and attestation;

c. Minutes of reconciliation confirmed by courts;

d. Other papers that acquire such capacity by law. 

In cases other than those excepted under the law, the execution may not be made except by a transcript of the executive instrument  in the following execution text:

“The competent authorities and bodies shall initially and effectively execute this instrument and assist in executing it even compulsorily whenever they are requested to do so.”

3. The executive instruments shall not be executed if abandoned for a period of fifteen days from the date of the last executory transaction or if fifteen days pass following such a transaction without their being executed.

1984 Amendment to UAE Federal Law No. (4) of 1979 On Suppression of Fraud and Deceit in Commercial Transactions

 

 

 

النوع 

العلاقة 

السنة

قرار قمع الغش والتدليس في المعاملات التجارية (1984)

القرارات

مـــُكَمِـل

1984

 

المادة 1

يعاقب بالحبس لمدة لا تجاوز سنتين ، وبغرامة لا تقل عن خمسمائة درهم ولا تجاوز عشرة الاف درهم او باحدى هاتين العقوبتين كل من خدع او شرع في ان يخدع المتعاقد معه بأية طريقة من الطرق في احدى الامور الآتية :
1- عدد البضائع المباعة او مقدارها او مقاسها او كيلها او وزنها او طاقاتها او عيارها او مواصفاتها .
2- ذاتية البضاعة اذا كان ما سلم منها غير ما تم التعاقد عليه .
3- حقيقة البضاعة او طبيعتها او صفاتها الجوهرية او ما تحتويه من عناصر نافعة وعلى وجه العموم العناصر الداخلة في تركيبها .
4- نوعها او اصلها او مصدرها في الاحوال التي يكون فيها لنوع البضاعة او لاصلها او لمصدرها اعتبار ملحوظ عند التعاقد عليها .
5- اجراء تخفيضات وهمية في اسعار السلع والبضائع المعروضة للبيع في التصفيات الموسمية او غير الموسمية .
وتكون العقوبة الحبس لمدة لا تجاوز ثلاث سنوات وغرامة لا تقل عن اربعة الاف درهم ولا تجاوز عشرين الف درهم ، او احدى هاتين العقوبتين اذا ارتكبت الجريمة او شرع في ارتكابها باستعمال موازين او مقاييس او مكاييل او دمغات او اختام او الات فحص اخرى مزيفة او مختلفة او باستعمال طرق او وسائل من شأنها جعل عملية وزن البضاعة او قياسها او كيلها او فحصها غير صحيحة .

المادة 2

يعاقب بالحبس مدة لا تجاوز سنتين وبغرامة لا تقل عن خمسمائة درهم ولا تجاوز عشرة الاف درهم او باحدى هاتين العقوبتين :
1- كل من غش او شرع في ان يغش اغذية للانسان او الحيوان او عقاقير طبية او حاصلات زراعية او منتجات طبيعية او اية مواد اخرى معدة للبيع .
2- كل من طرح او عرض للبيع او باع اغذية للانسان او الحيوان او عقاقير طبية او حاصلات زراعية او منتجات طبيعية او مواد اخرى مع علمه بغشها او فسادها .
ويفترض العلم بالغش او الفساد اذا كان المخالف من المشتغلين بالتجارة او من الباعة الجائلين ما لم يثبت حسن نيته ويرشد عن مصدر المواد موضوع الجريمة .
3- كل من اعد او طرح او عرض للبيع او باع مواد بقصد استعمالها في غش اغذية الانسان او الحيوان او العقاقير او الحاصلات الزراعية او المنتجات الطبيعية او المواد الاخرى .
وكذلك كل من حرض بأية وسيلة من وسائل النشر على استعمال هذه المواد في الغش .
وتكون العقوبة الحبس لمدة لا تجاوز ثلاث سنوات وغرامة لا تقل عن الف درهم ولا تجاوز عشرين الف درهم او احدى هاتين العقوبتين ، اذا كانت الاغذية او العقاقير الطبية او الحاصلات الزراعية او المنتجات او المواد الاخرى المشار اليها في الفقرتين السابقتين ضارة بصحة الانسان او الحيوان .
وتطبق العقوبات المنصوص عليها في الفقرة السابقة ولو كان المشتري او المستهلك عالما بغش البضاعة أو فسادها .

المادة 3

يعاقب بالحبس مدة لا تجاوز ستة اشهر ، وبغرامة لا تجاوز خمسمائة درهم او باحدى هاتين العقوبتين كل من حاز اغذية او عقاقير طبية او حاصلات او منتجات او مواد اخرى مما هو مشار اليه في الفقرة الاولى من المادة السابقة وهو عالم بغشها او فسادها وذلك ما لم يثبت ان حيازته لها لسبب مشروع .
وتكون العقوبة الحبس لمدة لا تجاوز سنة وغرامة لا تجاوز الفي درهم او باحدى هاتين العقوبتين اذا كانت المواد الغذائية او العقاقير الطبية او الحاصلات الزراعية او المنتجات الطبيعية والمواد الاخرى التي وجدت في حوزته ضارة بصحة الانسان او الحيوان .

المادة 4

لا يجوز استيراد اي شيئ من اغذية الانسان او الحيوان او العقاقير الطبية او الحاصلات الزراعية او المنتجات الطبيعية او اي مواد اخرى تكون مغشوشة او فاسدة .
ويأمر وزير الاقتصاد والتجارة باعادة تصدير تلك البضائع الى مصدرها في الميعاد الذي يحدده . فاذا لم تتم اعادة تصديرها في هذا الميعاد كان للوزير ان يأمر باعدامها على نفقة مستوردها .
على انه يجوز لوزير الاقتصاد والتجارة ان يسمح بادخال تلك البضائع وتداولها وذلك لاستعمالها في اي غرض اخر تكون صالحة له وذلك طبقا للشروط التي يحددها بقرار يصدره .

المادة 5

عرض القواعد القانونية

 

         

إخفاء القواعد القانونية

 

النوع

الفهرس

السنة

القاعدة

العدد

الصفحة

حقوق

إثبات – طرق الإثبات – القرائن
علامات تجارية

1991

59

2

336

                 

تنظم بقرارات من وزير القتصاد والتجارة المسائل الآتية :
أولا : استعمال أوان أو أوعية او اغلفة معينة في تجهيز المواد الغذائية والعقاقير الطبية والحاصلات والمنتجات والمواد الاخرى وكيفية تعبئتها او حزمها او حفظها او توزيعها او نقلها بقصد طرحها للبيع او بيعها مع بيان كيفية استعمال هذه المواد وطرق حفظها وحيازتها والحالات التي تكون او تصبح فيها غير صاحة للاستهلاك وايضاح اسمها ومصدرها ومحل صنعها او اسم صانعها وغير ذلك من البيانات اللازمة للتعريف بها.
ثانيا : مسك السجلات والدفاتر الخاصة بهذه البضائع وطريقة مراجعتها واعطاء الشهادات الخاصة بها او اعتمادها .
ثالثا : تحديد العناصر او النسب الواجب توافرها في تركيب المواد سالفة الذكر و ذلك لامكان بيعها او عرضها للبيع .
رابعا : الامور المتعلقة باستيراد وتصدير وصنع وبيع وحيازة وتداول البضائع التي تنطبق عليها احكام هذا القانون .
ومع عدم الاخلال بالعقوبات المنصوص عليها في هذا القانون يعاقب من يخالف احكام هذه القرارات بالحبس لمدة لا تجاوز ستة اشهر وبغرامة لا تقل عن خمسمائة درهم ولا تجاوز خمسة الاف درهم او باحدى هاتين العقوبتين .

المادة 6

يقوم باثبات الجرائم التي تقع بالمخالفة لاحكام هذا القانون واللوائح الصادرة تنفيذا له الموظفون الذين يكلفون بذلك من وزير الاقتصاد والتجارة بالاتفاق مع السلطات المختصة بالامارات الاعضاء في الاتحاد .
ويكون لهؤلاء الموظفين صفة الضبطية القضائية ولهم في سبيل ضبط ما يقع من مخالفات لاحكام هذا القانون ان يدخلوا جميع المحال والاماكن المطروحة او المعروضة فيها للبيع او المودعة فيها المواد الغذائية او العقاقير الطبية والحاصلات والمنتجات وغيرها من المواد الخاضعة لاحكامه .
ولهم ان يأخذوا عينات من تلك المواد وفقا لما يقرره هذا القانون واللوائح الصادرة لتنفيذه .

المادة 7

اذا وجدت لدى الموظفين المشار اليهم في المادة السابقة اسباب قوية تحملهم على الاعتقاد بأن ثمة مخالفة لاحكام هذا القانون جاز لهم ضبط المواد المشتبه فيها بصفة بؤقتة .
وفي هذه الحالة يدعى اصحاب الشأن للحضور وتؤخذ ثلاث عينات على الاقل من المواد المضبوطة لتحليلها و تحديد مدى مطابقتها للعناصر والمواصفات الواجب توافرها فيها وتختم جميعها بالشمع الاحمر وتسلم احدى هذه العينات لصاحب الشأن ويحرر بذلك محضرا مشتملا على جميع البيانات اللازمة للتثبت من ذات العينات والمواد التي اخذت منها ، ويجب الاسراع في تحليل المواد والسلع القابلة للتلف او العطب ، ويصدر بتنظيم اخذ العينات وحفظها وتحليلها قرار من وزير الاقتصاد والتجارة .
ومع عدم الاخلال بحق المخالف في طلب الافراج عن البضاعة المضبوطة من المحكمة المختصة يفرج عنها بحكم القانون اذا لم يصدر ام من المحكمة بتأييد الضبط خلال الخمسة عشر يوما التالية ليوم الضبط .
ويرد لصاحب الشأن اعتباره وتعويضه تعويضا عادلا عما اصابه من اضرار اذا ثبت عدم صحة التهمة المنسوبة اليه .

المادة 8

يعاقب بالحبس مدة لا تجاوز ستة اشهر وبغرامة لا تقل عن خمسمائة درهم ولا تجاوز خمسة الاف درهم او باحدى هاتين العقوبتين كل من حال دون تأدية الموظفين المشار اليهم في المادة السادسة من هذا القانون اعمال وظائفهم سواء بمنعهم من دخول المصانع او المخازن او المتاجر او غيرها من المحال التي توجد بها المواد موضوع المخالفة او من الحصول على عينات منها او بأية طريقة اخرى .

المادة 9

على المحكمة متى قضت بالادانة في جريمة من الجرائم المنصوص عليها في المادتين الثانية والثالثة من هذا القانون ان تقضي بمصادرة الاغذية او العقاقير او الحاصلات او المنتجات او المواد الاخرى التي تكون جسم الجريمة .
وللمحكمة في هذه الحالة ايضا ان تأمر بنشر الحكم في جريدة او جريدتين محليتين على نفقة المحكوم عليه .

المادة 10

للمحكمة المختصة عند الحكم بالادانة على صاحب المحل التجاري او المنشأة او المهنة او الحرفة في احدى الجرائم المنصوص عليها في المادتين الثانية والثالثة من هذا القانون ان تأمر باغلاق المحل لمدة لا تجاوز ستة اشهر .
ويجوز لها في حالة العود ان تأمر بسحب الترخيص .
واذا كان صاحب الترخيص من غير ابناء دولة الامارات العربية المتحدة جاز لها ان تأمر بابعادة عن البلاد .

المادة 11

يحكم على المتهم في حالة العود بعقوبتي الحبس والغرامة .
وتعتبر الجرائم المنصوص عليها في المواد السابقة والجرائم المنصوص عليها في اي قانون اخر خاص بقمع الغش والتدليس متماثلة بالنسبة الى العود.

المادة 12

على وزير الاقتصاد والتجارة ان يصدر القرارات اللازمة لتنفيذ احكام هذا القانون .

المادة 13

على الوزراء كل فيما يخصه والسلطات المختصة في الامارات الاعضاء في الاتحاد تنفيذ احكام هذا القانون ، وينشر في الجريدة الرسمية ويعمل به بعد ثلاثة اشهر من تاريخ نشره.

 

عرض التوقيع , تاريخ النشر و العمل به

 

إخفاء التوقيع , تاريخ النشر و العمل به

زايد بن سلطان آل نهيان
رئيس دولة الامارات العربية المتحدة
يعمل به بعد ثلاثة أشهر من تاريخ نشره.

تاريخ التوقيع: 19-03-1978   20-4-1399 هـ

تاريخ النشر: 31-03-1979

تاريخ العمل به: 30-06-1979

UAE Federal Law No. (4) of 1979 On Suppression of Fraud and Deceit in Commercial Transactions

 

 

 

 

                                            Federal Law No. (4) of 1979

                                   On Suppression of Fraud and Deceit

                                          in Commercial Transactions

 

We, Zayed Bin Sultan Al Nahyan, President of the State of the United Arab Emirate,

After perusal of the provisions of the Provisional Constitution, and the Law No. (1) of 1972, related to the jurisdiction of Ministries and powers of Ministers, as amended, and based on the proposal made by the Minister of Economy & Commerce, approved by the Cabinet and Federal National Council and sanctioned by the Federal Supreme Council,  we issued the following Law :

 

                                                            Article – 1

Anyone who deceives or attempts to deceive the contracted party by any way in one of the following matters, is punishable by imprisonment for a term not exceeding two years, and a fine of not less than Five Hundred Dirhams and not more than Ten Thousand Dirhams, or by one of these two penalties:

1.         The number of the sold commodity, its amount, size, measurement, weight, capacity, calibration or specifications.

2.         The nature of the commodity if what is delivered of differs from what was contracted for.

3.         The reality of the commodity, its nature or fundamental characteristics or its contents of the beneficial elements, and generally, the elements included in its composition.

4.         Its type, origin, and source, for the cases in which the type, origin or source of the commodity is given a noticeable consideration upon concluding the contract.

5.         Making fictitious discounts in the prices of the commodities and goods offered for sale in the seasonal or non-seasonal sales.

The penalty of imprisonment shall be for a term not exceeding three years, and  a fine of no less than Four Thousand dirhams and shall not exceed Twenty Thousand Dirhams, or by one of these two penalties if the crime was committed or attempted to be committed by using falsified or different weights, measurements, measures, stamps, seals or other inspection tools or by using methods or means which would make the weight, measurement, measure or inspection of the commodity incorrect.

 

 

                                                            Article – 2

Anyone who commits any of the following acts is punishable by imprisonment for a term not exceeding two years, and a fine of not less than Five Hundred Dirhams and shall not exceed Ten Thousand Dirhams, or by one of these two penalties:

1.         Anyone who adulterates or attempts to adulterate human or animal food, medical drugs, agricultural crops, natural products or any other materials intended for sale.

2.         Anyone who offers or displays for sale, or sells human or animal food, medical drugs, agricultural crops, natural products or other materials, knowing that they are cheated or deteriorated.

            The knowledge of cheating or deterioration is assumed to exist if the violator is one of those engaged in trade, or peddlers, unless his good intention is established and leads to the source of the commodities the subject of the crime.

3.         Anyone who prepares, offers or displays for sale, or sells, materials with the intention of using them in cheating the human or animal food, medicines, agricultural crops, natural products or other materials.

Also anyone who incites by any means of publication, the use of such materials in cheating.

The penalty of imprisonment shall be for a term not exceeding three years, and a fine of not less than One thousand Dirhams, and shall not exceed Twenty Thousand Dirhams, or by one of these two penalties, if the foodstuff, medical drugs, agriculture crops, products or other materials referred to in the two preceding clauses are harmful to man or animal.

The penalty stipulated in the preceding clause shall apply even if the buyer or consumer is aware that the commodity is spurious or bogus.

 

                                                            Article – 3

Anyone who possesses foodstuff, medical drugs, agricultural crops, products or other materials of what is stated in the first clause of the preceding Article, and he is aware of its being spurious or bogus is punishable by imprisonment for a term not exceeding six months, and a fine not exceeding Five Hundred Dirhams or by one of these two penalties, unless it is established that his possession of them was for a legitimate reason.

The punishment of imprisonment shall be for a term not exceeding one year, and a fine not exceeding Two Thousand Dirhams, or by one of these two penalties, if the foodstuff, medical drugs, agricultural crops, natural products and other materials found in his possession are harmful to man or animal.

 

                                                            Article – 4

None of the human or animal foodstuff,  medical drugs, agricultural crops, natural products or other materials which are cheated or deteriorated, may be imported.

The Minister of Economy & Commerce shall order the re-exportation of such commodities at the time specified by him, and if they were not re-exported he shall order their destruction at the expense of their importer.

The Minister of Economy & Commerce may also allow entry of such commodities and their circulation for use in any other purpose for which they are suitable, according to the conditions specified by a decision issued by him.

 

                                                            Article – 5

The following matters shall be regulated by decisions issued by the Minister of Economy & Commerce :

First :

Use of particular pots, containers and wrappings for preparation of foodstuff, medical drugs, crops, products and other materials, and the method of their packaging, wrapping, preservation, distribution and transportation, with the purpose of offering them for sale or selling them, and showing the means of use of such materials methods of their preservation and possession, and the cases in which they become unsuitable for consumption, showing its name, source, place of manufacture, name of its manufacturer and other particulars, which are necessary for its identification.

Second :

Maintenance of records and bookkeeping for such commodities, methods of their checking, and issue of certificates related to them or their endorsement.

Third :

Specification of the elements or ratios which should be available in the composition of the said materials in order to sell the same or offer it for sale.

Fourth :

Matters related to the import, export manufacturing, selling, possessing and circulating of the commodities to which the provisions of this law apply.

And without prejudice to the penalties stipulated in this Law, anyone who violates the provisions of these decisions is punishable by imprisonment for a term not exceeding six month, and a fine of not less than Five Hundred Dirhams, and shall not exceed Five Thousand dirhams, or by one of these two penalties.

 

                                                            Article – 6

The crimes committed in violation of the provisions of this Law, and its Executive Bylaws, are established by the officials assigned by the Minister of Economy & Commerce to undertake this function, in coordination with the concerned authorities in the member Emirates of the Union, and such officials shall have the judiciary powers, and in order to curb violations of this Law, they shall have access to all shops and places in which foodstuff, medical drugs, crops, products and other materials subject of this law, are offered or displayed for sale or in which they are kept, and they may take samples of such materials, as determined by this Law and its Executive Bylaws.

 

 

                                                            Article – 7

If the officials referred to in the preceding Article have strong reasons to believe that there is a violation of the provisions of this Law, they may temporarily detain the suspected materials, and in such case, the concerned persons shall be called to attend and at least three samples of the detained materials shall be taken for analysis and determination of the extent of their compatibility with the elements and specifications which should be available therein, and they shall all be wax sealed and handed over one of the samples to the concerned party, and a report to this effect shall be made, to include all the necessary particulars to establish the same samples and the materials from which they are taken provided that the materials and commodities which are capable of being damaged or deteriorated should urgently be analysed, and the subject of regulating the process of taking, preserving and analyzing samples shall be specified in a decision issued by the Minister of Economy & Commerce.

Without prejudice to the right of the violator in requesting the release of the detained goods from the competent court, they shall be released according to the provision of the law, if no decision from the court is issued to confirm the detain during the fifteen days following the date of detention.

The concerned party shall be rehabilitated and justly compensated if the incorrectness of the accusations attributed to him is established.

 

                                                            Article – 8

Anyone obstructs the officials referred to in Article – 6 hereof, in performing their duties whether by denying them access to the factories, warehouses, shops or other locations, in which the materials subject matter of violation exist, or from obtaining samples thereof or by any other way, shall be published by imprisonment for a term not exceeding six months, and a fine of not less than Five Hundred Dirhams, and no more than Five Thousand Dirhams, or by one of these two penalties.

 

                                                            Article – 9

When the court decides the conviction in one of the crimes stipulated in Articles 2 and 3 hereof it shall order confiscation of foodstuff, drugs, crops, products or other materials which constitute the crime.

The court, in such case, may also order publication of the judgement in one or two local newspapers at the expense of the adjudged party.

 

                                                           Article – 10

The Competent Court, upon conviction of the proprietor of the commercial shop, establishment, profession or trade of one of the crimes stipulated in Article 2 and 3 hereof, may order closure of the premises for a period not exceeding six months, and in case of repetition, the court may order withdrawal of the license, and if the licensee is a non-national, it may also order his deportation.

 

                                                           Article – 11

In case of repetition, the accused shall be sentenced with the two penalties of imprisonment and fine, and the crimes stipulated in the preceding articles and those stipulated in any other law related to the suppression of fraud and deceit, are considered to be similar in relation to repetition.

 

                                                           Article – 12

The Minister of Economy & Commerce shall issue the necessary decisions for the enforcement of this Law.

 

                                                           Article – 13

All the Ministers, each within his competencies, and the concerned authorities in the Emirates, members of the Union shall implement this Law, and it shall be published in the Official Gazette, and enforced after three months from the date of its publication.

 

 

 

Zayed Bin Sultan Al Nahyan

President of the State of the United Arab Emirates

 

 

Issued by us in the Presidential Palace in Abu Dhabi

On                                           : 20/4/1399 A.H.

Corresponding to  : March 19, 1979.

 

 

When is the UAE Commercial Transactions Law No. 18 of 1993 Relevant to Construction in the UAE?

 

 

The provisions of the UAE Commercial Transactions Law No. 18 of 1993 (“Commercial Transactions Law)”  applies to the extent that the parties to a construction claim can be defined as traders carrying out commercial business in accordance with Articles 6 and 11 of the Commercial Transactions Law.

Article 6 and 11 of the Commercial Transactions Law, Federal Law No. 18 of 1993:

Article 6:

The following shall be considered commercial works if practiced professionally:

  1. Brokerage;
  2. Commercial Agency;
  3. Commission Agency;
  4. Commercial Representation;
  5. Supply Contracts;
  6. Purchasing and Selling of Lands or Real Estate for the purpose of making profit from selling them in their original condition or after being converted or divided;
  7. Land transport;
  8. Real estate works where the contractor undertakes to supply the materials or laborers;
  9. Industries of extraction of natural wealth resources;
  10. Tourism, travel, export, import, and customs clearing works as well as    service and recruitment offices;
  11. Printing, publishing, photographing, recording and advertising works;
  12.  Industry;
  13. Live-stock and fishery works;
  14. Leasing and Hiring the work of a third party for the purpose of leasing;
  15. Leasing of Hiring Houses, apartments, or rooms whether furnished or unfurnished for the purpose of re-leasing.

 

The Merchant:

Article 11:

The following shall be deemed as traders:

  1. Whoever works under his name and for his account while possessing due entitlement if he assumes such works as a profession.
  2. Any company that commences a commercial activity or assumes any of the forms provided for in the Trading Companies Law, even if the activity performed thereby is a civil one.

Articles of Law Relating to Construction in The Civil Transactions Law, UAE Federal Law No. 5 of 1985

 

The Civil Transactions Law, Federal Law No. 5 of 1985

Article 870:

  1.  If the lending has been rescinded or terminated, the borrower shall return the loan to its owner and he shall refrain from using it unless the law warrants its retention for him.
  2. If the lending terminates by death of the borrower, the heirs shall be bound to hand it over to the lender upon demand.

 

Article 871:

  1. If the loan is a precious thing, the borrower shall hand it over by himself to the lender; however, other things may be handed over either by him himself or by others who are under his sponsorship and who are capable of delivering it.
  2. Restitution of a loan must be made at the place agreed upon or at the place where it was lent or as decided by custom.

 

Job Contracts:

Article 872:

A job is a contract under which one party undertakes to do a thing or perform a work for a consideration charged against the other party.

Article 873:

  1. Agreement in a job contract may be limited to the contractor undertaking to provide the work and the client undertaking to provide the material which is used by him or which assists him in performing his work.
  2. The contractor may undertake to provide both the material and the work.

 

Article 874:

The job contract must include a description of its subject, kind, amount, method of performance, period of completion and its corresponding consideration.

Obligations of the Contractor:

Article 875:

  1. If the employer stipulates that the contractor shall supply all or part of the work material, he shall be responsible for its good quality according to the conditions of the contract, if any; otherwise, it shall be in accordance with the prevailing custom.
  2. If the client is the one who supplies the work material, the contractor shall take care of it and comply with the proper technical practice in performing his work, and he shall return to the owner what remains thereof.  However, if something to the contrary occurs and it deteriorates or becomes defective, he shall be liable for damages.

 

Article 876:

The contractor shall supply equipment and additional tools needed by him in performing the work at his own expense unless agreement or custom provides for otherwise.

Article 877:

The contractor must complete the work according to the conditions of the contract.  If it appears that the manner in which he performs the work is erroneous or contrary to the conditions, the client may apply immediately for rescission of the contract if correction of the work is impossible.  Nonetheless, if the remedy seems possible, the client may ask the contractor to comply with the conditions of the contract and rectify the work within a reasonable period.  If he fails to rectify the work within the stipulated period, the client may apply to the judge for rescission of the contract or for permission to assign performance of the work to another contractor at the cost of the first contractor.

Article 878:

The contractor shall be liable to bear any damage or loss resulting from his act or design, whether or not by way of trespass or default.  However, the liability for damages shall not be invoked if this results from an unavoidable accident.

Article 879:

  1. If the contractor’s work has an effect on the real property, he may withhold it until he receive the payment due to him and if it deteriorates in his hands before payment of his remuneration, he shall neither be liable for damages nor shall he be entitled to payment.
  2. If his work has no effect on the real property, he must not retain it until he receives payment.  However, if he does retain it, and it deteriorates, he shall be liable for damages of usurpation.

 

Article 880:

  1. If a job contract is for construction of buildings or other fixed installations designed by an engineer and executed by the contractor under his supervision, they shall be jointly liable to indemnify the client for any total or partial dilapidation that occurs, within ten years, in the buildings or installations constructed or erected by them, and for any defect that threatens the strength and safety of the structure if no longer period is fixed in the contract, unless the two contracting parties want the installation to survive for a period of less than ten years.
  2. The liability for said indemnity shall remain even if the fault or dilapidation arises from a defect in the land itself, or if the client agrees to the construction of the defective buildings or installations.
  3. The ten years period shall start from the time of delivery of the work.

 

Article 881:

If the engineer’s work is limited only to the layout of the building exclusive of supervision of the performance, he shall only be responsible for defects in the layout.

Article 882:

Every condition which tends to exempt the contractor or the engineer from his liability for damages or to minimize such liability shall be void.

Article 883:

The lawsuit for damages shall not be heard after the lapse of three years of the occurrence of dilapidation or discovery of a fault.

Obligations of the Client:

Article 884:

The client shall take over any completed part of the work whenever it is completed by the contractor and placed at his disposal; however, if he unlawfully abstains although he is officially notified of this and if the work deteriorates or becomes defective in the hands of the contractor without trespass or omission on his part, he shall not be liable for damages.

Article 885:

The client shall be liable to pay the consideration upon delivery of the object contracted upon unless the terms of the agreement or the prevailing custom requires otherwise.

Article 886:

  1. If a contract is concluded according to a unit based measurement and in the course of the work it appears that for execution of the layout agreed upon, it will be necessary to exceed the estimated measurement substantially, the contractor must immediately inform the client of this expressing the expected increase in the price; and if he fails to do so, his right to recover the differential cost of the excess in the measurement shall be extinguished.
  2. However, if the excess required for performance of the layout is substantial, the client may dissolve the contract and suspend the execution without delay and pay to the contractor the value of the work completed by him as estimated according to the conditions of the contract.

 

Article 887:

  1. If the job contract is concluded on the basis of a design agreed upon for a lump sum consideration, the contractor must not claim any extra payment for performance of such a layout.
  2. If an amendment or addition has been made to the layout with the consent of the client, the agreement made with the contractor concerning such an amendment or addition shall be observed.

 

Article 888:

If no consideration for the work has been specified in the contract, the contractor shall be entitled to a consideration of the equivalent plus the cost of materials provided by him for performance of the work.

Article 889:

  1. If the engineer who has designed the layout for the building and supervised the work disagrees on the consideration, he shall be entitled to a consideration of the equivalent according to the custom prevailing.
  2. If anything that prevents the job from being completed according to the layout prepared by him occurs, he shall be entitled to a consideration of the equivalent for the work done by him.

 

Sub-Contractor:

Article 890:

  1. The contractor may assign all or part of the work to a sub-contractor if nothing in the terms of the contract prevents him, or if the nature of the work does not require him to do it himself.
  2. The principal contractor shall remain responsible towards the client.

 

Termination of Contract:

Article 892:

The job contract shall expire either on completion of the job agreed upon or by termination of the contract consensually or lawfully.

Article 893:

If there occurs an excuse that prevents the performance of the contract or completion of its execution, either party to the contract may request its termination or rescission, as the case may be.

Article 894:

If the contractor starts the execution and then becomes unable to complete the job for reasons beyond his control, he shall be entitled to the value of the completed work, and to the expenses incurred by him in the course of the execution to the extent of the benefits acquired by the client.

Article 895:

The party who suffers from the rescission shall request the other party to indemnify him within the limits decided by custom.

Article 896:

  1. The job contract shall expire upon the death of the contractor if it is agreed that he shall work by himself, or if his personal qualifications have a significant consideration in the contract.
  2. If such a condition does not exist in the contract or if the contractor’s personal qualifications have no significant consideration in the contract, the client may request rescission of the contract if the heirs fail to provide sufficient guarantees for performance of the contract.
  3. In both cases, the value of completed works and expenses shall pass to the inheritance according to the conditions of the contract, and as per custom.
UAE Laws and Islamic Finance

Laws of the UAE and Islamic Finance