Khiarallah Advocates & Legal Consultants
UAE Law & Legal Articles Blog

Dissolution of marriage and separation of spouses in the Indian Christian law and the authenticity of the husband’s request to drop the wife’s custody of their son due to his departure to India

One of the cases in which the Indian Christian law approves the dissolution of marriage and separation of spouses is when one of them treats the other cruelly in a way that makes life dangerous and harmful for the spouse who is filing for divorce. Hence, the victim can file for divorce for any marriage that was made either before or after the promulgation of the amended Indian Divorce Law in 2001. Dubai Appeal Court established this principle disclosing in the verdict’s logs that it had been affirmed from the presented documents that the wife filed the lawsuit against her … Continue reading Dissolution of marriage and separation of spouses in the Indian Christian law and the authenticity of the husband’s request to drop the wife’s custody of their son due to his departure to India

EXTENDING THE MOTHER’S CUSTODY OF HER CHILDREN UNTIL THE AGES OF THE SON’S PUBERTY AND DAUGHTER’S MARRIAGE

The Court of Appeal in Dubai has ratified a first instance rule to extend the mother’s custody in spite of the son reaching the age of 11 years old and the daughter 13 years old as per the rules of Article 156 of Personal Status Law issued under Federal Law 28 in 2005. Here are the proceedings in brief … the custodial father filed a lawsuit to drop the mother’s custody of their children H and D since they were of the legal age. As legal representatives of the mother, we filed a counter claim, requesting the extension of the … Continue reading EXTENDING THE MOTHER’S CUSTODY OF HER CHILDREN UNTIL THE AGES OF THE SON’S PUBERTY AND DAUGHTER’S MARRIAGE

Dubai Cassation Court rules in favor of defense

The Court of Cassation in Dubai has adopted our vision and ruled in favor of our defense, hence setting a new judicial concept that says: “The registration removal request in the initial cadaster is an effect of annulment judiciary, hence the request of registration removal or conflict over the nullity of cadaster registration are not matters of general law and can go to arbitration.” An investor, “the buyer”, filed a lawsuit in Dubai Courts for the annulment of a selling contract of a real estate property, sold on the map, as well as the removal of the fixed registration in … Continue reading Dubai Cassation Court rules in favor of defense

Real Estate Legal Services in UAE

At Khairallah Advocates & Legal Consultants our attorneys have unparalleled expertise in the real estate with extensive experience advising on every aspect of real estate law from acquisition of land and procurement of real estate financing to successful recovery of high-value property investments through carrying out negotiations to resolve the dispute amicably by reaching settlement or through formal legal proceedings.

Benefits of Dual Citizenship (Citizenship by Investment)

A dual citizenship and passport is a powerful tool for international tax planning and provides you with privacy, travel freedom and very importantly, could be a life saver in times of political unrest. Dual citizenship and residency programmes are most sought by wealthy retirees, business investors, entrepreneurs and self-employed individuals. With many countries in Europe and North America widely accepting a dual nationality (USA, Canada, UK, Switzerland), would now be the time to start insuring in your future? Becoming a Dual National has the following benefits: 1. Visa-free Travel Visa-free travel to the world (EU, UK, Canada) and instant travel … Continue reading Benefits of Dual Citizenship (Citizenship by Investment)

Cheque and Period Preventing the Hearing of the Civil & Penal Lawsuits in UAE

A cheque is a commercial paper that includes an order by the drawer to the drawee to pay at sight a certain amount of money to a specific person or to his order, who is the beneficiary or holder of paper. According to this concept, the cheque cannot be considered a real cheque unless the paper has included specific conditions stipulated under Article 596 of the Commercial Procedures Law, issued as per the Federal Law No. (18) on 07/09/1993, specifically the following: The term “cheque” should be written in the language used on the cheque. The order should not depend on … Continue reading Cheque and Period Preventing the Hearing of the Civil & Penal Lawsuits in UAE

Indirect Lawsuit according to the UAE’s Civil Procedures Law

The indirect lawsuit is a legal method that is authorized by the legislator to the creditor to protect his right as a general guarantee from becoming affected or minimized as a result of his debtor’s failure in using and claiming his right. Therefore, the indirect lawsuit aims at protecting the creditor from the debtor’s default through enabling the creditor in assuming the debtor’s rights and claim on the latter’s behalf.   In this connection, the two Articles 392 & 393 of the Federal Civil Procedures No. (5) for the year 1985 and amendments thereto concerning the indirect lawsuit, prescribed that … Continue reading Indirect Lawsuit according to the UAE’s Civil Procedures Law

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