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Civil Litigation law in Abu Dhabi, United Arab Emirates (UAE), encompasses a broad spectrum of legal disputes that may occur between individuals and/or organizations. These disputes typically involve monetary compensation, property claims or specific performance rather than criminal sanctions. The law pertaining to civil litigation are primarily designed to protect the rights of individuals and businesses and to provide redress for wrongdoing or harm caused.
Seeking legal advice from a lawyer experienced in civil law in Abu Dhabi becomes essential in numerous scenarios. These situations may include disputes related to property, breach of contract, issues of business law, personal injury, landlord-tenant disputes, and intellectual property issues. A proficient lawyer can represent your interests during pre-trial negotiations, trials, arbitration or mediation, ensuring your rights are protected as per the UAE's legal system.
Abu Dhabi follows the UAE Civil Transactions Law (Federal Law No 5 of 1985) for all civil disputes. It provides a comprehensive set of rules about matters relating to personal and business relationships. It applies to all civil litigation cases barring those with specific industry regulations like maritime and finance. Importantly, it respects the stipulations of Islamic Sharia law from which it is largely derived, and it's mandatory to consider this especially in areas like estate planning and inheritance.
The duration to file a civil case varies depending upon the type of case. Generally, the time limit is 15 years for contract claims, but it can be shorter for different category of claims. A lawyer can provide specific information based on the nature of your case.
In general, civil trials are inquisitorial, meaning the judge plays a central role in gathering evidence and examining witnesses. It's different from adversarial judicial systems where the role of the judge is primarily that of an impartial referee.
The Arabic language is used in courts. Thus, translating all documents and evidence into Arabic can be a requirement.
Yes, foreign judgments can be enforced in Abu Dhabi under certain conditions, including the condition that the UAE Courts must have jurisdiction.
Yes, arbitration is a recognized method of dispute resolution in civil cases in Abu Dhabi.
Yes, court decisions can be appealed in Abu Dhabi. There are different stages of appeal, culminating in the Court of Cassation, which is the highest court in the land.
The costs include court fees, lawyer fees, and any additional costs for experts, witnesses, and translators. They vary depending on the complexity of the case.
If you lose the case, you may be required to pay the court fees, your lawyer fees, as well as any judgment decided against you. In certain cases, you may also have to pay the legal costs of the opponent.
The duration of the litigation process varies depending on the complexity of the case and the workload of the courts.
The UAE Government's official website can be a useful source of legal information and resources. The Abu Dhabi Judicial Department provides relevant information about judiciary and laws in Abu Dhabi. Similarly, the Ministry of Justice's website offers a wealth of information and guidelines about different aspects of UAE's legal system. For professional legal help, the Abu Dhabi Bar Association can connect you with licensed legal practitioners in the realm of civil law.
If you need legal assistance in a civil litigation matter, your first course of action should be to reach out to a lawyer or law firm that specializes in civil litigation. It's vital to gather all relevant documents and information regarding your case, clearly communicate your position and expectations, and take the legal expert's advice on the feasibility and possible outcomes of litigation.
