Question: I owe a friend of mine some money and I told him that I would pay him back after I sold my car. He requested I give him this in writing so I wrote a note saying I would pay him back after I sold my car and we both signed it. However, now my friend does not want to wait until I sell the car and he says he wants the money right away and is threatening to sue me. My problem is finding a right buyer for the car at the right price. I am afraid of legal action but I wanted to know if he has the right to follow through with it?
Answer: I do not think he has the right to do that, if your signed contract with him clearly states that you've to pay him after the car is sold. The payment after the sale of the car is what is termed a commitment suspended in condition. Civil Transaction Law 5 of 1985 covers such scenarios with very clear and transparent language. Article 420 of that law states that "the condition is a future fact upon which the existence of the act or its extinction depends on its materialisation". As per Article 422 of the same law this would be a suspended act, which is tied up to the future event of you selling your car. Therefore, the contract enforcement is suspended until the condition occurs and will not be able to be executed unless after the condition is fulfilled. Article 427 of this law also provides similar guidance, meaning that your friend would not be successful with legal action if the contract is used as evidence.
Question: I have a small company and somebody filed a commercial case against me. I lost the case before the court of first instance and now I want to appeal it. How long do I have to appeal?
Answer: To appeal a commercial judgment, the claimed amount needs to be more than Dh20,000, in accordance with Article 30 of Civil Procedures Law 11 of 1992 and its amendments. The appeal has to be registered within 30 days from the date of judgment, in accordance with Article 159 from the same law.
Dr. Hassan Elhais publishes analysis of UAE civil law matters, including civil disputes, contractual obligations and compensation claims. For readers researching lawyers in Dubai, his writing offers insight into the legal questions surrounding these topics. Explore his published work and practice-area information for further context.
Comments
If the car get spoil or faulty and
d value of d car is not worth ithe
amonth to pay is friend back n due
to agree in d letter n he felt is
friend is using d agreement to
delay d payment , can be charge him
to court
Destiny Akinnawo
2019-11-28
In
furtherance to the matter, we wish
to review the terms of the
agreement in order to understand
the rights and obligations and your
rights to terminate. Thus, we
advise you to visit our office for
consultation meeting to seek a
review of the agreement.
Please feel free to contact us if
you wish to schedule a meeting with
one of our lawyers and I would be
happy to arrange it for you.
Dr.
Hassan Elhais
Leave a Comment
Your email address will not be published. Required fields are marked *
I had the pleasure of consulting with Dr. Hassan AlHais, and I must say the entire experience was exceptional.The reception and meeting area were impeccably clean, quiet, and managed to the highest standards, creating a welcoming and professional atmosphere. View testimonial
Abdullah Client
Verified
His unwavering dedication to his clients, willingness to tackle challenging cases, and belief in the fundamental principles of justice highlight his role as both a guardian and advocate. Dr. Hassan's integrity stands as a testament to his professionalism. Additionally, his foresight and meticulous case preparation, anticipating courtroom dynamics and opposition strategies, not only secure victories but also garner the respect of clients and peers alike. View testimonial
Salam Amir Client
Verified
Dr. Hassan is brilliant. I have been working with him for more than 15 years. His work product and legal advice are of the highest caliber. Competent. Professional. Knowledgeable. Analytical and strategic thinker. Honest. Without exaggerating, Dr. Hassan is the best family litigator in the UAE. Highly recommend.
Abed Awad Client
Verified
I owe the success of my case to Dr. Hassan's diligent approach. He remained focused, put me at ease and always went the extra mile. Dr. Hassan tirelessly put my case in the best possible light and I cannot thank him enough. I would highly recommend Dr. Hassan - I am grateful to him from the bottom of my heart.
Raphael Lauria Manager, FME General Trading
Verified
Regardless of the complexity of the matter I know Dr. Hassan Elhais will consider not only legal strategy but also business practicalities in providing advice and litigation options.
Dr. Massimo Hakim Chairman, Italian Style
Verified
I recommend Dr. Hassan Elhais to anyone who says 'I'm in legal trouble'. I was extremely satisfied with the high standard of his work. He has always been there when I have needed him and I refer all my clients, family and friends to him/his firm.
Manish Gupta CEO, EDS FZE
Verified
Best lawyer in Dubai.
Aigul Beishembieva Client
Verified
Happy with the team of Mr. Hassan Elhais. Knowledgeable on UAE laws and i got the advice i was looking for. Highly recommended!
Mukesh Pandey Client
Verified
Dr. Hassan Elhais was very professional and he listened to my needs. He was very prompt, efficient and always kept me informed. Dr. Hassan Elhais's service was excellent and I would definitely recommend him to friends and colleagues.
James Horsley British Client
Verified
Their team of attorneys are not only highly knowledgeable and professional but also incredibly attentive to the needs of the client. They will provide you with a top-notch service every step of the way. The staffs are friendly, responsive, and always kept you informed about the progress of your case. I highly recommend this for anyone in need of legal assistance.
May Ann Adrias Client
Verified
...the extraordinary effort that has been exerted by the staff, and we specially thank Dr. Hassan Mohsen Alhais. Wishing your continues success & excellence...
H.H. Sheikh Saeed Bin Mohammed Hashir Al Maktoum
Verified
We are extremely happy to note that you won all three cases which we entrusted to you. Your superb handling ensured the result in our favour. We very much appreciate this and feel grateful to you. You not only won the cases, but managed to get the judgement executed without much delay..View testimonial
Chandru Malkani Client
Verified
Dr. Hassan Elhais is among the best legal consultants I have ever worked with. He has an amazing ability to reduce complex issues into a simple concept that non-legal people can understand. He consistently develops innovative litigation strategies that help us to achieve our ultimate legal goals.
Zhuo Liu Client
Verified
I believe everyone should recognize what a difference Dr. Hassan Elhais work has made to people's lives; and especially to our family's life, because we will remain forever grateful to each and every one of his team.
Luis Pozueco Client
Verified
Dr. Hassan Elhais never fears cases that involve exposure and he always gives me his honest assessment of our chances of success, which is invaluable to me.
Bassam Yamout Director, JM Metal Trading LCC
Verified
Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.
British Client
Verified
Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.
Asma Mattar Manager, Italian Style
Verified
Knowing Dr. Hassan for years now, I can say confidently he is the most trustworthy person I ever met, not only because he is very knowledgeable, smart and has a very high acumen, but also he is very dedicated and buying his clients and interest first..View testimonial
Ahmed Higazy Client
Verified
I have had nothing but exceptional work from Dr. Hassan, all my family and business related legal work goes to him. Having been in and out of Dubai since 2004 and having wasted money on bad legal advice elsewhere, I feel VERY qualified to say that he is absolutely the best in the UAE. Thank you Hassan.
Rich Firth Client
Verified
Dr. Hassan is the best lawyer in UAE I have dealt with, he is very professional and has consistently upheld the highest standards of professional ethics, ensuring that my best interests were always at the forefront. I wholeheartedly recommend Dr. Hassan to anyone..View testimonial
Hossam ElDeeb Client
Verified
Ex UK Senior management now running a busy business in Dubai that requires bulletproof corporate legal contracts that are customised to our unique needs. This includes everything from HR contracts to complex sales agreements. Dr. Hassan has undoubtedly proven to be the best legal expert we have encountered here..View testimonial
Please feel free to contact us if you wish to schedule a meeting with one of our lawyers and I would be happy to arrange it for you. Dr. Hassan Elhais