UAE Legal Consultant Exam flashcards

35 cards. Read the term and the definition here. The deck at the top of this page is optional.

UAE Constitution permanence

The UAE Constitution of 1971 was made permanent by Constitutional Amendment 1 of 1996, which removed the temporary nature of the federal arrangement.

Federal Supreme Council

The highest federal authority composed of the rulers of the seven emirates; it elects the President, approves laws, and ratifies treaties under Articles 46-50.

Federal National Council

A 40-member consultative federal body, half appointed by emirate rulers and half elected through electoral colleges, with legislative review and advisory functions.

Constitutional amendment procedure

Requires a two-thirds majority of the Federal Supreme Council and ratification by the President, under Article 144 of the UAE Constitution.

Contract formation elements

Under UAE Civil Code Articles 120-137, a contract requires offer, acceptance, and consent free from mistake, fraud, duress, or exploitation.

Tort liability Article 282

Any person who causes harm to another by fault is liable, provided the harm, fault, and causal link are established under the UAE Civil Code.

Penalty clause adjustment

Under Article 390 of the Civil Code, a court may reduce an agreed penalty to the amount of actual harm proven by the creditor.

Civil Code limitation periods

Fifteen years for general contractual claims, five years for periodic dues, and three years for commercial obligations under Articles 473-475.

Companies Law 32/2021

The UAE Commercial Companies Law effective 2 January 2022, governing LLCs, joint stock companies, and other corporate forms and their governance.

LLC minimum capital

An LLC requires minimum capital of AED 150,000 unless the partners agree on a lower amount, and the capital must be fully paid.

Joint stock company capital

A public joint stock company requires at least AED 30 million in capital; a private joint stock company requires at least AED 5 million.

Commercial agency registration

A commercial agency agreement must be registered with the Ministry of Economy to be enforceable and to benefit from agency protections.

Felony prescription period

Under Article 20 of the Penal Code, the limitation period is 20 years for felonies, 5 years for misdemeanours, and 1 year for contraventions.

Pre-trial detention limit

A suspect may be held by police for up to 48 hours before referral to the Public Prosecution, subject to extension by judicial order.

Criminal appeal deadlines

An appeal against a criminal judgment must be filed within 15 days; cassation to the Federal Supreme Court is available within 30 days.

Money laundering framework

Federal Decree-Law 20/2018 criminalises money laundering; the Financial Intelligence Unit receives suspicious transaction reports and coordinates enforcement.

Burden of proof

Under the UAE Evidence Law, the claimant bears the burden of proving the claim, while a defendant must prove affirmative defences.

Electronic evidence admissibility

Federal Decree-Law 35/2022 expressly recognises electronic documents and records as admissible evidence in UAE civil proceedings.

Cassation filing period

A cassation appeal to the Federal Supreme Court must be filed within 60 days of notification of the judgment, subject to statutory exceptions.

Probation period cap

Under Article 9 of Federal Decree-Law 33/2021, probation may not exceed six months, with 14 days' notice required for termination during probation.

End-of-service gratuity

Calculated at 21 days' basic wage per year for the first five years and 30 days thereafter, capped at two years' total wage.

Unlawful dismissal remedy

Under Article 47 of the Labour Law, compensation may reach three months' wage, or the court may order reinstatement of the employee.

Working hours and overtime

Normal hours are eight per day or 48 per week; overtime is paid at 125% of normal wage, or 150% for night work and rest days.

Real property registration effect

Registration in the Real Property Register is generally constitutive for transfer of ownership and necessary to make a sale effective against third parties.

Dubai rent increase notice

Under Article 9 of Dubai Law 26/2007, a landlord must give 90 days' notice of a rent increase, which must comply with the Rental Index.

Eviction notice periods

Twelve months' notice is required for sale or personal use, and 30 days for non-payment of rent, served via notary or registered mail.

Rental Dispute Centre

A Dubai body with exclusive jurisdiction over tenancy disputes, whose judgments are enforceable through the Dubai courts.

Mahr in marriage

A mandatory dowry under the Personal Status Law, payable to the bride, which may be prompt (immediate) or deferred to a later date.

Custody age limits

Under Federal Law 28/2005, a mother's custody ends at 11 for boys and 13 for girls, subject to the child's best interests.

Will bequest limit

A will may dispose of up to one-third of the estate to non-heirs; a bequest to an heir requires the consent of the other heirs.

Conflict of interest rule

Under Article 22 of the Advocates Law, a lawyer may not represent conflicting interests or act for both parties in the same matter.

Arbitration award annulment

Under Article 53 of Federal Law 6/2018, an award may be annulled only on limited grounds such as invalid agreement or due process violation.

Competence-competence principle

Under Article 16 of the Arbitration Law, an arbitral tribunal may rule on its own jurisdiction, including objections to the arbitration agreement.

Free zone corporate tax

Qualifying free zone persons may benefit from a 0% rate on qualifying income under Decree-Law 47/2022, subject to conditions.

DIFC Courts jurisdiction

The DIFC Courts apply English common law and hear DIFC-related disputes, with an opt-in mechanism for certain federal and onshore matters.