- Legal Articles
- Ask Elhais
December 03, 2017|
Question: I am an advocate in Asia. I filed a criminal suit in the UAE last year, which was dismissed by the UAE courts. They ordered me to file a civil suit. What would be the time limit to file it?
Answer: There are different time limits for filing a civil case depending on the charges and scenario. The precise answer to this question would depend on the ground of the criminal case that was first filed in the UAE. In general, the tort liability (legal obligation of one party to a victim as a result of a civil wrongdoing) is not the only liability for the civil claim.
As per Article 124 of the Civil Transaction Law No 5 of 1985, "personal obligations or rights derive from the legal acts of disposal and facts and from the law. The sources of obligations are: the contract; unilateral act; tort (a wrongful act or an infringement of a right leading to legal liability); the beneficial act; and the law."
Therefore, the time limit would depend on the grounds of the criminal case. If it were a tort case, then the limit would be three years. If it were a claim for compensation the limit would be three years, as under Article No 298 of the UAE Civil Transaction Law.
Article 476 of the same law states that "if denied and in the absence of a legal excuse, a case may not be heard after the lapse of two years if it concerns a claim for the following rights: The rights of merchants and manufacturers in respect of things supplied to persons who do not trade in such things; rights of hotel and restaurant owners for the cost of accommodation and food and for expenses incurred by them on behalf of their clients; the rights of workmen, servants and wage earners in respect of their pay, daily or otherwise, and the cost of supplies provided by them."
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.
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.
...the extraordinary effort that has been exerted by the staff, and we specially thank Dr. Hassan Mohsen Alhais. Wishing your continues success & excellence...
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.
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.
He aided us not only in providing legal advice but also in all legal issues that required a long term strategic approach to achieve most favorable and optimum outcomes he provided us with high level of professional service.
Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.
Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.
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.
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.
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.