Theft under the UAE laws laws is a crime and is regulated by Federal Law No. 3 for the year 1987 on passing Penal code. Theft can only be committed on real movable property, which has value, monetary or otherwise, that belongs to another. Property is defined in the Civil Transactions Law of the UAE as anything that you can take under your custody. However, there are similar crimes to theft, but they can be committed on non-real movable properties, as thoughts, ideas, and intellectual property. Such crimes are regulated by different articles of law.
The dissolution of a marriage is a legal act that may not coincide with the emotional tearing asunder. Divorce is typically a painful process for all concerned. While it can take adults time to regain psychological equilibrium, there is also a threat to be involved in a court proceeding claiming for compensation for children’s maintenance and support. However different jurisdictions have different solutions to the issue. In this article we will describe the question under Dubai and UAE Law.
Many family law cases in the United Arab Emirates follow Federal Law No. 28 of the year 2005 (UAE Personal Affairs Law), to which I will be referring to in this blog, to determine which parent is awarded custody. In this particular area of law, the Court is awarded a great deal of discretion, but it is important that their decisions remain consistent. Normally in child custody cases, the Court’s consistently award custodianship to the parent that will best serve the child’s needs.
A recent case at the Dubai Court of Cassation was overturned based on a procedural error by the public prosecutor and police. Al Rowaad Advocates and Legal Consultancy represented a client from an African country who was accused and detained for possession and use of narcotic drugs such as hashish and marijuana. Our client, along with six other individuals, was accused of illegal possession of hashish and marijuana in December 2013.
What are the main jurisdictional requirements for the institution of proceedings in relation to divorce, property and children?
There are a number of exceptions, but in general, the Courts of First Instance (the lowest tier of court) have jurisdiction over family cases filed against citizens or foreigners who are domiciled or resident in the UAE (following Article 5 of Personal Status Law and Article 20 of the Civil Procedure Law). In addition, a citizen or foreigner may commence a divorce in the UAE even if their spouse resides abroad, as long as the spouse is served with the proceedings.