After we learned in a previous article about the property right law in the Emirates; In this article, we will move on to talk about the reasons for acquiring the right of ownership in accordance with the provisions of UAE law. We will highlight the most important reasons for gaining ownership, in addition to some details related to them.
What are the reasons for acquiring the right of ownership in the UAE? Get to know her now
1- Inheritance and liquidation of the estate
2- the contract
3- The commandment
4- Warranty
5- Possession
When does possession expire?
Are you looking for a lawyer in the UAE who specializes in labor and labor issues?
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How are the fees of a lawyer determined in the UAE?
What are the bases for determining the fees of a lawyer in the UAE? Get to know her now
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What are the reasons for acquiring the right of ownership in the UAE? Get to know her now
- Inheritance and liquidation of the estate
Inheritance or inheritance is considered one of the most important reasons that lead to ownership. After the implementation of the obligations of the inheritance, the remainder of its money will be transferred to the heirs, each according to his legal share. The property law in the Emirates has indicated a set of mechanisms by which the inheritance is distributed, which we can summarize as follows:
- The trustee of the estate delivers to the heirs what belongs to them of its money. The heirs may, upon the expiry of the specified date for disputes related to the inventory of the estate, claim the receipt of items and money that do not require liquidation, or some of them, on a temporary basis, in return for submitting a guarantee or without it.
- The court, upon the request of one of the heirs or the interested party, issues a certificate listing the heirs and stating the share of each of them in his legal inheritance.
- Each heir may request the custodian of the estate to hand him his share in the inheritance by segregation unless this heir is obligated to remain in common based on an agreement or a provision in the law.
- if the division request is acceptable; The trustee of the estate shall take the oath, provided that this division becomes final only after the approval of all the heirs.
- The trustee of the estate, if their unanimity on the division is not reached, must request the court to conduct it in accordance with the provisions of the law, and the expenses of the case for division shall be deducted from the shares of the heirs.
- And if among the funds of the estate there is what is exploited agriculturally, industrially, or commercially, and it is considered an independent economic unit, and the heirs have not agreed to continue working in it and the right of others is not related to it; It must be allotted in its entirety to those of the heirs who request it if they are most capable of carrying it out, provided that its value is determined and it is deducted from his share in the estate. If the ability of the heirs to undertake it is equal, it shall be allocated to those who are given the highest value, so that it shall not be less than the same price.
- But if one of the heirs, when dividing the estate, specializes in debt to her; The rest of the heirs do not guarantee the debtor if he becomes bankrupt after the division unless otherwise agreed upon.
- The property law indicated that the will is valid by dividing the notables of the estate among the heirs of the testator so that each heir or some of the heirs is assigned the amount of his share.
- If the division does not include all the money of the bequeather at the time of his death, then the money that was not included in the division is commonly transferred to the heirs according to the rules of inheritance.
- and if one or more of the potential heirs who entered into the division dies before the death of the testator; The detached share that occurred in the share of the person who dies is devolved in common to the rest of the heirs in accordance with the rules of inheritance, without prejudice to the provisions of the obligatory will.
- if the division does not include or includes the debts of the estate but the creditors do not agree to such division; Any heir may, in the event of disagreement with the creditors, request the court to carry out the division and settlement of debts, taking into account, as far as possible, the division recommended by the testator and the considerations upon which it was based.
- the contract
- Ownership and other rights in rem in movable and real estate shall be transferred by the contract when it fulfills its pillars and conditions in accordance with the law and with observance of the provisions of the following articles: stipulated by the property law in the Emirates:
Ownership of a movable that is not specified in its type shall not be transferred except by its separation.
- Neither the owner of the real estate nor the other real rights in kind shall be transferred between the contracting parties and in the right of third parties except by registration in accordance with the provisions of the relevant laws
- The pledge to transfer the ownership of real estate is limited to the obligation of the guarantee if the pledger breaches his pledge, whether compensation was stipulated by the pledge or not.
- The commandment
The property law in the Emirates defines a will as an act of a person in the estate added to after death. The beneficiary earns by way of the will of the owner of the money recommended.
Of course, the provisions of Islamic Sharia and the legislative texts derived from it apply to the will.
The property law in the UAE added a set of articles and mechanisms that regulate the process of transferring ownership through a will, which we can present as follows:
- In case of denial, the will or the verbal revocation thereof after the death of the testator shall not be heard. Unless there are official or written papers, all in the handwriting of the deceased and signed by him, as well as if the will or retraction of the will attests the signature of the testator.
- Every legal act issued by a person in a terminal illness that is intended to donate is considered additional disposal after death, and the provisions of the will, whatever the name was given to him, shall apply to him.
- In this case, the inheritors of the disposer must prove by all means that the disposal came from their bequeather while he is in a terminal illness. The deed of disposal shall not be invoked against the heirs unless the date is officially proven.
- If the heirs prove that the disposition came from their bequeather during the illness of death; The disposition shall be deemed to have been issued as a donation unless the person to whom the disposition was issued proves otherwise, or if special provisions are found to contradict it.
- If a person disposes of one of his heirs and retains possession of the property in which he disposed and his right to use it for the rest of his life; The disposition is considered to be added to the afterlife, and the provisions of the will shall apply to it unless there is evidence to the contrary.
- Warranty
The property law in the Emirates indicated that the secured owners own property by guarantee based on the time of its cause, and it is stipulated that the property be capable of establishing the property in it from the outset.
- Possession
The property law in the Emirates defined possession as the actual control of a person himself over a thing or right that may be dealt with.
Possession through mediation is valid if the mediator is conducting it in the name of the possessor and he is related to him in a way that obligates him to obey him in relation to this possession. The undistinguished acquires possession through his legal representative. Possession is not based on an act that a person receives as mere permissibility or an act that is borne by others as a way of tolerance.
The property law in the UAE referred to a set of mechanisms regulating tenure, namely:
- If possession is accompanied by compulsion, or if possession is concealed or ambiguous; They have no effect on the person under duress, or from whom possession is concealed, or whose affair is confused, except the time when these defects cease to exist.
- Possession is considered continuous from the beginning of its appearance with the regular and regular use of the thing and right.
- Whoever claims ownership over time has the right to rely on the possession of the person from whom the property was contacted.
- The lessee, the beneficiary, the depositary, the borrower, or their heirs may not claim the passage of time.
- Possession is transferred from the possessor to another if they agree on this and the person to whom possession is transferred is able to control the thing or right subject to possession even if it is not delivered.
- But if more than one person disputes possession of one thing or right; provisionally considered that the holder is the one who has the material possession; Unless it is proven that he obtained this possession in a defective manner.
- Possession shall remain in the capacity in which it began at the time of its acquisition unless there is evidence to the contrary.
- Good faith is considered to be a person who possesses a thing while he is unaware that it is infringing the right of others.
- The quality of good faith in the possessor does not cease until he becomes aware that his possession is an infringement of the rights of others.
- Good faith also ceases from the time the holder is notified of the defects of his possession in the lawsuit. While it is bad faith who forcibly usurped possession from others.
When does possession expire?
- The property law in the Emirates indicated that possession ceases if the possessor relinquishes his actual control over the thing or right or loses it in any other way.
- Possession does not expire if the actual control of the thing or right is prevented by a temporary impediment. The lawsuit shall not be heard if this impediment continues for a whole year and is the result of a new possession that occurred against the will of the possessor or without his knowledge. The year is calculated from the time when the new possession began if it was apparent, and from the time of the knowledge of the first possession if it began hidden. But if there is a fundamental impediment to filing the case, the year shall be calculated from the time of the ability to institute it.
- If the possessor files a claim of possession to recover his possession; He may request that the defendant be prevented from constructing buildings or planting trees in the disputed property while the lawsuit is being filed, provided that he submits sufficient insurances to guarantee the damages that may befall the defendant if it appears that the plaintiff is not right in his lawsuit.
Are you looking for a lawyer in the UAE who specializes in labor and labor issues?
In addition to personal status issues; Saar Advocates and Legal Consultants provides a group of the most skilled lawyers specialized in labor and labor cases, as they have long experience in this type of case. Among these types of cases, we mention, for example:
- Work contract and wages
- Types of work contracts
- Official working hours
- Expiry of the employment contract
- loan
- guaranty
- Workers safety and care
- Exposure to work injuries
- Vacation system in the UAE
In addition to the various legal procedures related to the establishment or incorporation of companies and everything related to corporate law, trademark registration, and trademark licensing.
Lawyer in the UAE and public cases
You can also rely on Sar Advocates and Legal Consultants in any kind of legal issues such as sales and purchase contracts, consumer protection, copyright, insurance contracts, cybercrime, and traffic law.
Are you looking for a lawyer in the UAE who specializes in personal status cases?
Saar Law Firm and Legal Consultation work to solve all cases related to the family and children, as a different group of cases falls under the name of personal status cases, which in turn need a personal status lawyer. Among these issues we find:
- Marriage issues
- divorce
- alimony
- Alimony without divorce
- inheritance
- Custody of children between spouses and custody of a minor
- Legal capacity and jurisdiction
- Property issues between spouses
- Christian marriage contracts
- the kit
How are the fees of a lawyer determined in the UAE?
We must first point out that the prices of lawyers in the UAE vary according to the nature of the legal case that the lawyer is assigned to, in addition to what is required by the procedures of each case and the mechanism for its completion. The fees of a lawyer in the UAE also vary according to the lawyer’s background, knowledge, specialization in the field of law, and accumulated experience and expertise during his practice of the legal profession.
Therefore, determining the price of the case, and approving the value of the fees of a lawyer in the Emirates, is according to a set of different factors, which are related to the case itself on the one hand, and the specialization involved in the procedures of this case and its ramifications on the other hand.
Nor can we overlook the time and effort each case takes, as well as the costs involved in completing all case transactions.
What are the bases for determining the fees of a lawyer in the UAE? Get to know her now
It is no secret to anyone that the legal profession is a branched profession and intertwined with various fields of legal and commercial life, personal status, criminal, civil, electronic, international, and other fields. Working on any legal case on the part of the lawyer requires a lot of effort and the investment of a set of accumulated experiences.
Given this important and effective role; It is necessary to think about the fees that the lawyer receives in return for carrying out his duties. And therefore; When considering choosing an attorney or legal representative for you; It is obvious that you think about the wages that he will receive.
Whether the lawyer you are looking for is anywhere in the world or a lawyer in the UAE; It is necessary for you to get acquainted, even briefly, with the mechanisms for determining the prices and fees of lawyers.
Since the primary role of an attorney is to manage the client’s judicial affairs; It is necessary to deal on the basis of transparency and clarity when determining the fees of the lawyer. As the law firm explains to the client the prices of the lawyer explicitly and clearly according to what the case or legal advice is expected to need in terms of costs, time, fees, and expenses.
It is also natural that the process of determining the fees is carried out within the framework of taking into account the condition of the clients, the social class to which they belong, and their financial conditions, and in alignment with the nature of the necessary legal procedure and giving the client an initial estimate of the lawyer’s fees.
This is what we are already doing in our firm, Saar Advocates and Legal Consultants; We will explain to you the different fees for any attorney in our office who will work on your case. It should be noted that choosing an attorney to take on your case; will depend on the type of your case and who has the most experienced in the field; On this basis, the best lawyer will be selected.
You can still enjoy more details on the fees of a lawyer in the UAE or the prices of a lawyer in the UAE.
Lawyer in the Emirates.. Various services
Saar Law Firm provides you with 24-hour customer service, during which you can communicate with more than one lawyer in the UAE, a lawyer in Dubai, a lawyer in Sharjah, or a lawyer in Abu Dhabi, all of whom have more than 20 years of experience in the courts, where They pleaded in many different and varied cases and achieved many successes for clients.
Also, the office of Saar Advocates and Legal Consultants is open throughout the week and is ready to receive you throughout the day, so that a specialized legal advisor is waiting for you.
You can also find a personal status lawyer or a lawyer who specializes in any type of different work issues through our office so that we provide you with the required legal support and advice. And if you are looking for a lawyer for any kind of cases and jurisdictions in the UAE or in Dubai, you can easily reach him through our office.