Medical Liability Pursuant to the Provisions of the Federal Decree Law No. (4) of 2016

Concept of Medical Error It is lawfully established that every person is liable for his/her acts. The physician’s liability towards his/her patient is a personal liability and constitutes a form of civil liability that requires existence of error and damage and the causality. The burden lies on the claimant to prove occurrence of damage and to provide evidence affirming that the three elements materialize. Determination of Medical Error The error in general … is the person’s deviation from the natural behavior required by law, while such person realizes the consequences of this behavior. The UAE legislator defined the medical error … Continue reading Medical Liability Pursuant to the Provisions of the Federal Decree Law No. (4) of 2016→

Physician’s Forbidden Acts under the Federal Decree Law No. (4) of 2016

Law prevents the physician from doing (10) forbidden acts some of which were not originally set forth in the old law, e.g. Rooming patients in places not prepared for this purpose, conducting sex change or performing unnecessary medical or surgical operations without the consent of the patient, while other forbidden acts were mentioned in the old law and some modifications and additions were made thereto. For facilitation, we will put two lines under each new forbidden act stipulated in the Decree-Law No. (4) of 2016, and one line under each amendment and addition, so that the reader can easily distinguish … Continue reading Physician’s Forbidden Acts under the Federal Decree Law No. (4) of 2016→

Duties of Physician under the Federal Decree Law No. (4) of 2016

1. Comply with the rules, regulations, and procedures of practicing the Profession, as per his grade and specialization. 2. Record the patient’s health condition and the medical and family history, prior to diagnosing or treating the case. 3. Prescribe treatment and determine the quantity and usage in legible writing including the name, signature, and date on the prescription; and advise the patient or his family, as the case may be, of the importance of adhering to the method determined for medication. 4. Inform the patient of the nature and degree of seriousness of his illness, unless it is not in … Continue reading Duties of Physician under the Federal Decree Law No. (4) of 2016→

The Nullity of the Arbitral Clause and the Arbitration Award For the Lack of Capacity on the Part of the Signatory to the Arbitral Clause

Upon drafting a sale and purchase contract for the purchaser of the residential unit in one of its projects, one of the pioneering real estate development companies in Dubai whose legal form is a limed liability company intended to verbally authorize its sale officer to sign a sale and purchase contract under its letterheads including the guaranteed conditions and obligations undertaken by the parties to the contract – both the seller and the purchaser –inter alia the clause which provides for the resort to institutional arbitration in lieu of the normal litigation. In order to give this representation of its … Continue reading The Nullity of the Arbitral Clause and the Arbitration Award For the Lack of Capacity on the Part of the Signatory to the Arbitral Clause→

Highlights on UAE Federal Law No. 18 of 2018

Read below the Highlights on UAE Federal Law Decree No. 18 of 2018 amending certain provisions of the Code of Civil Procedure issued by Federal Law No. 11 of 1992: His Highness Sheikh Khalifa bin Zayed Al Nahyan, President of the United Arab Emirates, has issued a Federal Law Decree amending certain provisions of the Civil Procedure Code. Ten (10) Articles of the Civil Procedure Code have been amended by new texts, entailed by current situation and unceasing development in the United Arab Emirates. These amendments are as follows: 1) Amendment of jurisdiction of the minor circuits formed … Continue reading Highlights on UAE Federal Law No. 18 of 2018→

Highlights on UAE Federal Law No. 17 of 2018

Read below the highlights on UAE Federal Law No. 17 of 2018 amending some provisions of the code of criminal procedure promulgated by the Federal Law No. 35 of 1992: His Highness Sheikh Khalifa bin Zayed Al Nahyan, President of the United Arab Emirates State, has issued a Federal Law Decree concerning amendment of some provisions in the Code of Criminal Procedure. One of these amendments is the inclusion of a third chapter to the fifth section of the law, entitled “Special criminal procedures” including three chapters and (53) articles on Criminal Order, Criminal Reconciliation and electronic monitoring as follows: … Continue reading Highlights on UAE Federal Law No. 17 of 2018→

Arresting and Confiscation Order & Imprisonment Order in the Execution

First: Arresting and Confiscation order: It is a procedural order ruled by the Execution Judge, which is intended to prepare the debtor to appear in order to look into the case of his or her ease, and to absolutely reveal or not to reveal the same. Second: Imprisonment Order: This is a state order ruled by the Execution Judge after the appearance of the wanted person (execution debtor) and his proven ability to fulfill or by precaution of his escape outside the country according to article 324 of the Federal Civil Procedure Law No. 11 of 1992 and its amendments. … Continue reading Arresting and Confiscation Order & Imprisonment Order in the Execution→

Liquidation of the Company and the Division of its Assets

UAE Federal Law No. (2) Of 2015 on Commercial Companies deals with subject Liquidation of the Company and the Division of its Assets. Unless the Memorandum of Association or Articles of Association of the company provides for the method of liquidation or the partners agree otherwise upon the dissolution of the company, the provisions of this Law shall apply to the liquidation of the company. The liquidation shall be conducted by one or more liquidators appointed by the partners or under a Decision by the General Assembly or any other similar body, provided that the liquidator is not an auditor … Continue reading Liquidation of the Company and the Division of its Assets→

Cyber Crime Law Amendments in UAE you must be Aware of

Cybercrime Law: Provides legal protection of privacy of all information published online. Cybercrime Law aims to protect privacy of information from any use whatsoever by electronic or IT means and imposes punishment for anyone for using an electronic network or any information technology means for the unwarranted violation of the privacy of others. Stipulates punishments on any individual for using any kind of information technology to extort or to threaten others online to force them to engage in. Criminalizes activities by any person who creates or runs any electronic site to send, transmit, publish or promote online any pornographic material, … Continue reading Cyber Crime Law Amendments in UAE you must be Aware of→

UAE Enhances Battle Against Money Laundering

Committing or attempting to commit money laundering: Whoever commits any of the following acts, despite being fully aware that such funds are derived from an offence or a misdemeanor, shall be deemed as a perpetrator of money laundering: 1. If converts, transfers, deposits, saves, invests, exchanges or manages any proceeds, with intent to conceal or disguise the illicit origin thereof. 2. If conceals or disguises the true nature, origin, location, way of disposition, movement, rights related to any proceeds or ownership thereof. 3. If acquires, possesses or uses such proceeds. Money laundering as a criminal offence … Continue reading UAE Enhances Battle Against Money Laundering→