Civil Law in the UAE
In the UAE, civil law is based on written rules and Islamic principles. The main law used is the UAE Civil Transactions Law. It explains how contracts work, what people are responsible for, and how property and financial obligations should be handled.
Most civil cases in Dubai go to the Dubai Courts, unless the parties choose arbitration or a free-zone court like the DIFC Courts.
At Amal Khamis Law Firm, we have a team of professional civil lawyers in Dubai specializing in matters related to civil law, which deals with private rights and disputes between individuals, companies, or organizations. Civil law covers a wide range of legal issues, including contracts, property, torts, family law, inheritance, and personal disputes.
Our civil lawyers in Dubai represent clients in both contentious and non-contentious matters, ensuring their rights are protected under the UAE’s legal system.
Contract Disputes
A dispute in contract law is any disagreement or controversy related to a contract
A contractual dispute, or contract disagreement, can occur if one or both parties are unable to come to a mutual understanding regarding the terms or performance required by a contract or written agreement.
Dubai contract disputes are commonly seen to occur if a person or persons feel that a contract has been breached, perhaps by the delivery or payment of a product or by misrepresentation of a key detail.
An enforceable contract, written or verbal, is permissible under UAE contract laws, as stated by Federal Law No. 5, 1985, Civil Transactions Law, as mentioned later.
The causes can often be traced to a number of circumstances, including:
Some causes of contract disputes in Dubai are:
Ambiguities or defects in contract language: ambiguously worded or deficiently drawn contracts.
Obligations breached: when an obligation is not met between the two parties.
Payment Arrearages or Defaults: Especially under a construction or service contract.
Misrepresentation or fraud: Misinformation that impacts consent.
External: including, but not limited to, force majeure circumstances impacting performance (such as supply chain disruptions).
A well-structured contract, reviewed by a UAE-based lawyer, is the key to eliminating all aforementioned risks.
There are four types of breach of contract.
Minor breach: When a contract has a small breach, which doesn’t influence the ultimate purpose, or aim, of the
Material breach: Material breach refers to a serious breach that directly affects the major or central terms of an agreement.
Fundamental breach: A serious breach that will enable the other person to terminate any contract.
Anticipatory breach: breach by anticipation, whereby a person indicated by word or conduct that they wouldn’t perform their contract obligations.
Under Dubai law, the level of breach will decide the remedy, whether demanding performance, compensation, or terminating the contract.
Requirements Before Filing a Dispute Notice
Before involving an escalation procedure, UAE laws require that:
– Examine the contract regarding the dispute resolution or arbitration clause.
– Attempt an amicable solution by direct negotiations or mediation.
– Follow with a legally valid notice recognizing the violation and demanding a remedy.
– Gather all evidence, including emails, bills, and signed contracts, to sustain a claim.
– Ask an expert civil lawyer to address the valid points and violations.
However, if the above procedures fail, disputes may continue before Dubai Courts or any other arbitration arena, including the Dubai International Arbitration Centre (DIAC).
A contract dispute may occur due to a breach or violation by either or both parties.
The best approach to a dispute may depend on the contract between the two sides:
– Negotiation or mediation may be a faster and cheaper process.
– Arbitration offers confidentiality and finality, if so agreed, between the contract parties.
– The Dubai Courts are appropriate if the matter is a complex or high-value claim.
You should consider involving a contract lawyer in Dubai as early as possible so that you are adequately protected.
Comprehensive Civil Lawyer Services
We specialize in a wide range of civil litigation matters. Civil Law in the UAE covers each and every type of dispute that comes under Civil Law Jurisdiction, e.g.,
Contract Disputes
Our civil lawyers in dubai handle disputes arising from contracts, including breaches, non-performance, and disagreements over terms or conditions.
Property and Real Estate Disputes
Our civil defense attorney assists with property-related disputes, such as ownership, leasing, and issues related to construction contracts and property development.
Torts and Liability
Amal khamis Represents clients in cases involving personal injury, negligence, defamation, and other tortious acts.
Debt Recovery
Amal khamis Helps individuals and businesses recover unpaid debts through legal action, including the issuance of court orders or seizure of assets.
Legal Advice and Drafting
Our civil lawyers Provide legal advice on a variety of civil matters, as well as draft and review legal documents such as contracts, wills, and agreements.
Bounced Cheque Cases
In the UAE, bounced cheque cases are a significant part of civil law, and our civil lawyers play a crucial role in addressing these issues.
Bouncing a cheque—when a cheque is returned due to insufficient funds or other reasons, can lead to severe legal consequences in the UAE, as it is considered a criminal offense under certain circumstances. Amal Khamis helps individuals and businesses navigate the legal complexities surrounding bounced cheques, ensuring compliance with the law and protecting their rights.
Construction disputes
Construction disputes in the UAE often require the expertise of a civil defense attorney due to the complex nature of construction contracts and regulations and the involvement of multiple parties, including developers, contractors, subcontractors, and suppliers.
At Amal Khamis Law Firm, our civil lawyers in dubai handle a range of issues related to construction disputes, ensuring the legal rights of their clients are protected and helping to resolve conflicts effectively.
Employment disputes
Employment disputes in Dubai often require the expertise of civil lawyers, as these cases typically involve conflicts between employers and employees related to contracts, workplace rights, compensation, wrongful termination, or workplace harassment.
Our civil lawyers in Dubai assist in resolving these disputes, ensuring that clients understand their rights and obligations under UAE labor law and guiding them through the legal process to seek appropriate remedies.
Insurance disputes
Insurance disputes in Dubai can arise from a variety of issues, such as disagreements over policy coverage, claim denials, underpayment, or the interpretation of insurance terms. Amal Khamis plays a key role in resolving these disputes by representing clients in claims against insurance companies, ensuring that policyholders receive the compensation they are entitled to under the terms of their contracts.
Intellectual property disputes
Intellectual Property (IP) disputes in Dubai often involve conflicts over the ownership, infringement, or unauthorized use of intellectual property rights, such as trademarks, patents, copyrights, and trade secrets.
Our civil lawyers in Dubai specializing in IP law play a crucial role in protecting clients’ intellectual property, enforcing their rights, and resolving disputes either through negotiation, mediation, or litigation.
Banking and financial disputes
Banking and financial disputes in Dubai can be complex. Our civil lawyers provide essential support in navigating these challenges, whether through negotiation, arbitration, or litigation, to ensure clients’ financial interests are safeguarded.
Breach of Contract
In cases of disputes between borrowers and lenders, our civil lawyers in dubai help enforce or defend against claims of breach of contract, ensuring that the terms of financial agreements are honored.
Fraud
In cases involving financial fraud, including misrepresentation in banking transactions or financial products, our civil lawyers help victims recover damages and pursue legal action against the responsible parties.
Family Disputes and Compensations
Amal Khamis handles cases related to marriage, divorce, child custody, alimony, and inheritance under both UAE Civil Code and Sharia law.
Best Civil Lawyer In Dubai, UAE
Our team of experienced civil litigation lawyers has a deep understanding of the complexities of civil litigation and is well-versed in the laws and regulations that govern these matters in Dubai.
We are dedicated to providing our clients with the highest level of legal representation and are committed to achieving the best possible results in each case.
If you have a query related to civil matters, feel free to Contact our civil lawyers in Dubai through the telephone number or by email. We ensure that you will receive a callback.