no imprisonment for debt dubai
2023-11-06In our article today titled no imprisonment for debt dubai, we will delve into important details regarding the amendments made to the UAE law concerning this issue.
Additionally, we will explore the types of debts that are exempt from imprisonment.
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Table Of Contents
no imprisonment for debt dubai.
The new law, which will become effective upon the approval of His Highness Sheikh Khalifa bin Zayed Al Nahyan, the President of the United Arab Emirates exempts certain individuals from imprisonment. This includes:
- senior citizens over the age of 70
- pregnant women until their newborns reach one year of age
- individuals under the age of 18
- and patients suffering from incurable diseases.
The law also exempts individuals whose spouses have passed away or were imprisoned for any reason from imprisonment.
Furthermore, individuals who fail to repay their debts will not face imprisonment if they provide a guarantee agreement assuming responsibility for the debt repayment or delegating another person who agrees to take on the repayment responsibility.
The legislature has confirmed that the issuance of an order to imprison the debtor is prohibited, no imprisonment for debt dubai in the following cases:
- if they are under the age of eighteen or over the age of seventy.
- if they have a child who is under the age of fifteen.
- if their spouse is deceased or imprisoned for any reason.
- if they are married to the creditor or have assets unless the debt is a specified expense.
- if they provide a bank guarantee or a capable guarantor accepted by the enforcement judge to fulfill the debt on specified dates.
- if the debtor is a pregnant woman, the enforcement judge shall postpone her imprisonment until one year after giving birth to care for the child.
- if it is proven through medical evidence that the debtor suffers from an incurable chronic illness, they are not liable for imprisonment.
- if it is proven through medical evidence that the debtor suffers from a temporary illness that does not allow for imprisonment, the enforcement judge may decide to postpone their imprisonment until they recover.
- if the amount of the debt being enforced is less than ten thousand dirhams unless it is a financial fine or a specified expense.
The new law will contribute to improving the investment environment in the UAE and classifying it among the countries that provide better facilities for the quick establishment of companies.
Debt types exempt from imprisonment
In the UAE, there are certain types of debts that are exempt from imprisonment. These include:
1. Debts arising from commercial transactions: If the debt is related to a commercial transaction, such as a business deal or trade, imprisonment cannot be imposed.
2. Debts related to bounced checks: In cases where the debtor issued a check that bounced due to insufficient funds, imprisonment is not allowed. However, the creditor can pursue legal action to recover the debt through other means.
3. Debts related to civil matters: If the debt is related to civil matters, such as loans, mortgages, or personal debts, imprisonment is generally not permitted. Instead, the creditor can seek legal remedies to recover the debt.
FAQs
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In our article titled no imprisonment for debt dubai, we discussed the new law for loan defaulters in uae 2023 and provided many important details on the topic.
From the office of Younis Mohammed Al Balushi, we hope that we have provided you with all the information you need regarding the subject of our article.
You can also read: penalty for unpaid debts in dubai UAE presented by Best criminal lawyers in abu dhabi.
Legal Consultant in the office of Younis Mohammed Al Balushi.
A legal Consultant with a degree in law and has many legal research and articles that have been published in the most important international fields concerned with legal affairs. Such as:
– Journal of the seminar for legal studies.
– International Legal Journal.
– Journal of Political Science and Law.
He also has several case studies and cases in different disciplines: international law, criminal law, civil transaction law, commercial transaction law, and so on.
The legal advisor at Younis Mohammed Al Balushi Advocates and Legal Consultants has many years of experience and a long experience in pleading before the Dubai Courts and the various courts of the United Arab Emirates.