Month: July 2018

child abduction case dubai uae

Child Abduction by Parents in UAE

There are increasing numbers of child abduction cases in UAE due to broken marriages where it is common for one parent to take custody of the child.

For abduction cases where the father is a Muslim and mother is a non-muslim importance will be given to the Muslim father because UAE is an Islamic state whereas in case of both being non-muslim and non-nationals then laws of their land will be given preference. In case there is a UAE resident involved then local courts will favour the resident by applying local laws thus making the foreign laws non-applicable.

UAE is very strict when it comes to child abduction making it impossible for the abducted child in UAE to return.

To return abducted children to their country of residence or to the uniform child custody jurisdiction and enforcement act, for which the UAE is not a part of 1980 Hague Convention of the Civil Aspects of International Child Abduction.

For the welfare of children, UAE follows its own federal laws even though they have bilateral ties with other countries.

These child abduction cases are viewed as enforcing child custody whereas serious abduction cases are to be dealt with as criminal cases. For the return of the abducted child to the parent, one must make an application through the UAE courts.

Setting up a business in Dubai

There are six legal procedures which have to be fulfilled for every individual who seek to start a business in Dubai which lasts a week or eight days. Below are some required components which are as follows,

1- Name of Company: Your trade name being an important component must clearly indicate the company’s nature of business unless a branch of company.

2- Type of Business: The type of your business will determine the kind of license you require may it be professional, industrial or commercial. Furthermore you need to get higher authority approvals for legal consultantcy and more

3- Local Partner: It is required to have a local partner for DED license which is a good support for expats however it is not mandatory.

4- Owning the Company: As an expat, to get 100% ownership of your company, you will have to choose one of the free zones in UAE. Each free zone is unique catering to specific kind of activities.
For local ownership you need to get a license from Department of Economic Development (DED), however there are certain restrictions on share of ownership.

5- Legal Formation: There are some rules on forming a company that is based on the type of business and location. Furthermore there are restrictions for companies relating to company structure in each freezone.
For example to open a law firm in UAE, it has to be a branch of a company or a stand-alone company and not a sole proprietor.

6- Minimum Share Capital: The memorandum of association has to mention minimum share capital for the upcoming company, while setting up a company you don’t need to pay in most cases.

7- Office Premises: It would be best now to shortlist few offices on the basis of rent, area and location. You may select a free zone as well to get assistance on selection of a suitable place.

8- Hiring Employees: While setting up a business you may need to hire a manager to get your registration approved and in most cases like Intelaq license holders, they cannot hire staff but are able to hire contractors.

criminal case dubai

When does an Arrest of an Individual happen in UAE

Criminal Case in Dubai UAE

When does an Arrest of an Individual happen in UAE

An expat living in UAE or a tourist must know the national law of the UAE to avoid being arrested or hand cuffed even if the committed crime was not intentional.

The following consists of a list of offences which an individual must be aware of:

a- Using offensive/vulgar language or making rude gestures can render an individual liable of a criminal offence.

b- Adultery which implies having an affair outside marriage with your married partner is an offence.

c- Display of affection such as cuddling or kissing.

d- Tourist couples who are unmarried are strictly not entitled to book a single hotel room.

e- It is not allowed to drink in public or unlicensed venue due to sharia law but you may drink in pubs, clubs and bars (licensed venues)

f- Like all other countries bringing drugs to UAE is unlawful and using or selling is also an offence and can get you a jail sentence for a minimum of four years or even death penalty in some circumstances

g- Charity fundraising without government approval can get you in trouble for doing good due to strict fundraising laws

h- Don’t even think of posting anything that is anti UAE or antigovernment on social media as this can get you in trouble

i- Public protests are not likened by the UAE government and to prevent them the government can arrest you and put you in jail

j- Any kind of racist, insulting or sending derogatory text messages can get arrested and jailed

Tenancy Obligations in Dubai

There are some obligations for the tenant that he or she must fulfill to avoid any legal charges against them which are as follows,

a- No changes can be made to the property by the tenant prior to landlord and higher authorities approval

b- There is a requirement to pay certain amount of deposit to the landlord which will be returned once the tenancy contract expires

c- Rent has to be paid on due date or else legal action would be taken against the tenant

d- Maintaining the property in a manner as any ordinary individual would take care of his own property

e- As per the rule the tenant may not remove the leasehold improvements made by the tenant

f- Without the written consent of the landlord, the tenant cannot invite someone for the use or sub lease the property to third party

g- The tenant must hand over the property the same means the condition should not deteriorate except ordinary wear and tear

h- If not stated in the contract the tenant has to pay fees and taxes for the use of property or for sub lease