Civil Court - What Falls Under It.

As discussed, each level or stage of Dubai Court consists of separate circuits determined by the nature of law applicable i.e. Civil, Sharia or Criminal law; Each court ( First Instance, Appeal, Cassation) has judicial circuits that are further specialized, as per their distinct subject matter and expertise of judge namely Civil Court, Commercial Court, Criminal Court, Labor Court, Real Estate Court, and Personal Status Courts

It is essential to know on which judicial circuit determines that will hear the case.

 

Specialization

Civil Court has jurisdiction overlooking into normal and urgent cases and petitions including petitions of attachments, orders of payments and complaints whenever its subjects occurs it also deals with financial and corporeal rights and legal positions meant to protect by virtue of it, it does not includes commercial, realty, labor, personal status or endowment or inheritance cases.

Cases

• Civil Cases of Full Jurisdiction

• Civil and Commercial cases of Summary Jurisdiction

• Orders on Petition

• Summary cases

• Sequestration

• Grievance

 

 

Civil Cases of Full Jurisdiction

Civil cases of full jurisdiction are cases in which the plaintiffs aim at protecting legal positions, pecuniary or property rights resulting from civil acts whenever the value of these rights are undetermined or in excess of 100000 Dirham and do not relate to commercial dealings or transactions, labor relationships, personal status, estates or Wakfs.

Department.The court of full jurisdiction in the Procedural Law and the Law on Civil transactions.

Session: Three (3) judges and Clerk (Secretary) 

Charges: Proportional observing the different brackets, the maximum fees, the number of claims and legal causes of action.

 

Civil and Commercial cases of Summary Jurisdiction

Civil and commercial cases of summary jurisdiction are cases in which the plaintiffs aim at protecting legal positions, pecuniary or property rights deriving and resulting from civil or commercial transactions or dealings and do not relate to causes connected with labor relationships or personal status and estates and wakfs, whenever these cases are determined in value and this value is not in excess of 100000 Dirham.

Department: The court of full jurisdiction in the Procedural Law and the Law on Civil transactions.  

Session: Judge and Clerk (Secretary)

Charges: 7.5% of the value of the case with due observance of the number of claims and legal causes of action.

 

Orders on Petition

Orders on the petition are decisions rendered by the court upon submission by the petitioner without summoning the other parties. It aims at taking provisional or precautionary measures preserving the right or preventing the prejudice subject to the appreciation of the court and for the reasons and circumstances stated. These orders are forfeited if not submitted for execution within thirty days from the date of their issuance.

Department: The court having original jurisdiction on urgent matters or the court deciding the merits of the case when examining a case and the petition submitted is related to this case.

Session: Court of urgent matters composed of One judge. The court examining the merits: either of full or summary jurisdiction

Charges: Fixed according to the Law on Fees

 

Summary Cases

Summary cases are cases in which the petitioners aim at obtaining judicial protection of the necessary means to decide the merits of the case in order to make the substantive protection more efficient by means of requesting the issuance of judicial orders to the effect of taking practical, provisional and protective measures from the risk of delay in payment

Department: The court of summary jurisdiction for urgent matters

Session: One judge and Clerk (Secretary)

Charges:500 Dirhams

 

Sequestration

Sequestration is a measure taken by virtue of a petition to put a specific property under the protection of the court in order to protect the arrested property by limiting the authority of the arrested debtor with a view to secure the sequestrator creditor. Sequestration shall be considered as inexistent unless the applicant thereto files, with the competent court, a lawsuit in confirmation of the right and the validity of the seizure, within eight days at most from the date of laying the sequestration.

Concerned Department: The court has original jurisdiction om urgent matters or the court deciding the merits when examining the related case

Session: Court of urgent matters composed of One judge. The court examining the merits: either of full or summary jurisdiction

Charges: Proportional with due observance of the fees brackets and the maximum and minimum of fees.

 

Grievance

Where orders on petition, including writs of performance, are issued without confronting the other party to the litigation. For this reason, the legislator has taken into consideration the right of the other party to guarantee his rights of defense and consequently gave him the right of grievance with respect of any order on petition including orders of performance and sequestrations in order to rebut its grounds and protect himself of its effects.

Department: The competent court having original jurisdiction in urgent matters when examining a case submitted to it.

Session: Court of urgent matters composed of One judge. The court examining the merits: either of full or summary jurisdiction

Charges: Variable as stated in the Law on fees according to the kind of grievances.

 

To many, the UAE legal system may be daunting particularly expats who are not familiar with a civil law system.

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