civil law


October 20, 2015



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Payments on service and product is now easier, thanks to the power of our technology which enables us to process payments thru cards, cheques, and through methods online. But in some instances we also encounter issues like bounce cheques or processing a payment but insufficient funds normally we can avoid these issues if we first check our own accounts before proceeding or buying items. In my interview in The National Newspaper, I discussed what actions can be made if a cheque has bounced, unpaid salaries, and how does UAE censorship board regulates media shown in television and cinemas.

Nowadays it's easy to open a bank account, on which gives you an access for easy payments thru issuance of cheque, debit and credit cards. Bounced cheque matters is just one of the common criminal cases in UAE. It's normal for banks to guarantee or take security on processing loans or credit cards. According to Article 401 of the criminal penal code, a detention or fine will be given to someone with a bounced cheque. Banks can file a criminal complaint for cheque dishonour, so always make sure that the cheque is signed or honoured in order to avoid such issues.

Employee has a right to file a complaint against the employer if they are not paid. According to UAE Labour Law No. 8 of 1980, it's the employer's obligation to pay salaries of their employee based on their labour contract. It depends on the employee whether to get a lawyer for them or to go to the Ministry of Labour personally to file a labour case. Payment for lawyers are based on their effort, chances of success or any relevant factors about this matter.

Movies presented in cinemas and other media are regulated by the Censorship Board of UAE in accordance to their standards. Each movies are carefully checked by these group according to guidelines set on each file by Law No. 15 of 1980. There is no breach of law if the films are approved by the censor board. If there is a huge or the film is badly cut because of the standards by the censor board, you are not entitled to any refund for the ticket because you already watched the film.

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I got jail (criminal case) due to bounce check from a bank (personal loan) and got out. Now the bank agency for collection is still keep on calling me to pay the remaining amount as they are saying, they will file a case against me etc.... what will I do? The amount in my check was 299,000dhs. And balance is around 60,000dhs. Will they still file a civil case against me?
Please be informed that the act of writing a cheque, which would eventually be dishonored is considered a crime. If the criminal case is registered within the Emirate of Dubai, the Prosecution may pass a decision to punish the accused with a fine should the amount of the dishonored cheque not exceed AED200,000/- Such rules may also be applicable in other Emirates subject to the discretion of the Prosecution. Moreover, the opposite party may still file a civil case to claim the outstanding amount. Failure to pay outstanding liabilities can, among others, result in travel restrictions by the court.

Therefore, it is advisable to avail the services of a lawyer to handle your matter.   Dr. Hassan Elhais

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