Monday, October 23, 2023

Time limit to file civil case in the U.A.E Legal system

 The time limit to file a civil case in the UAE legal system varies depending on the type of claim. However, the general limitation period for most civil claims is 15 years (Article 473 of the UAE Civil Code). This means that a claimant must file their case within 15 years of the date on which the cause of action arose.

There are some exceptions to this general limitation period. For example, the limitation period for a claim for breach of contract is 20 years. The limitation period for a claim for personal injury is 10 years. The limitation period for a claim for wrongful death is 5 years.

It is important to note that the limitation period begins to run on the date on which the cause of action arose, not the date on which the claimant became aware of the cause of action. In some cases, the limitation period may be suspended or interrupted. For example, the limitation period may be suspended if the claimant is a minor or mentally incapacitated.

If a claimant fails to file their case within the limitation period, their claim will be time-barred and the court will not hear it. There are a few exceptions to this rule, but they are rare.

It is always best to consult with a lawyer to determine the specific limitation period for your claim and to ensure that you file your case within the time limit.

Here are some examples of limitation periods for specific types of civil claims in the UAE:

  • Breach of contract: 20 years
  • Personal injury: 10 years
  • Wrongful death: 5 years
  • Defamation: 3 years
  • Fraud: 3 years
  • Negligence: 3 years
  • Debt collection: 15 years

If you are considering to filing a civil case in the UAE, it is important to be aware of the limitation period for your claim. You should consult with a lawyer to determine the specific limitation period for your case and to ensure that you file your case within the time limit.

Alternative methods of dispute resolution

Before filing a case, whether it is a civil, labour or personal status, the UAE's court system facilitates alternative methods of dispute resolution through committees, which include:

  • commercial dispute resolution committees
  • family guidance committees
  • mediation and conciliation centres     
  • labour dispute resolution committees.

These committees aim to solve disputes amicably and reduce the burden of judicial fees. If an amicable settlement is not possible, the litigating party can apply for a 'No objection' letter from the relevant mediation committee/center and submit a statement of claim to the relevant court. Then, the case is filed to be seen by the judge in the respective Court of First Instance.

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