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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Lawyer
Someone borrow me money but he didn't return me...
Someone borrow me money but he didn't return me back and he didnt sign anything that he borrow from me is there possibility that I can file him a case
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Dubai
Lawyer's Assistant: Has anything been filed or reported?
Not yet maam
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
No more
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إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Dear Customer,
Thanks for joining and trusting us, much appreciated! We welcome you to join us in the legal section
We would like to inform you that referring to Federal Law No. 10 of 1992 on the issuance of the Law of Evidence in Civil and Commercial Transactions:
Article 35
1 - With respect to non-commercial items, if the value of a transaction exceeds Dhs five thousand or if it has an indefinite value, the testimony of witnesses in proof of the existence or occurrence of said transaction may not be held valid unless otherwise stipulated in an agreement or a provision.
2 - The liability shall be estimated on the basis of its value at the time of the transaction without the addition of annexes to the origin.
3 - If the action includes several claims arising from various sources, the testimony of witnesses may be given in proof of each claim with a value not exceeding Dhs five thousand even though the total value of such claims exceeds that amount of if the origin thereof arises from relationships between the parties themselves or from transactions of the same nature.
4 - The effect shall be considered if partial fulfilment of the original obligation has been proven.
Article 36:
The evidence given by witnesses may not be considered even if the value does not exceed Dhs. five thousand in the following cases:
1 - Where it violates or exceeds that which is contained in written evidence.
2 - If the liability is what remains of or part of a right, it may only be proved in writing.
3 - If any of the parties to a law suit claims in excess of Dhs. five thousand, then increases his claim to an amount exceeding this value.
Article 37:
The testimony of witnesses may be considered proof in the following cases where proof should be given in writing:
1 - If the concept of proof by writing exists. Such a concept of proof shall be applicable to any writing made by a party which helps to make the transaction at issue possible.
2 - If a material or ethical objection prevents the obtainment of written evidence.
3 - If the creditor loses his written voucher for reason beyond his control.
4 - If the court, for sound reasons, views it as permissible to admit evidence through the testimony of witnesses.
5 - If the written evidence has been challenged on grounds that it contains what is prohibited by law or held to be in violation of public discipline or manners.
Article 38
The testimony shall be for observation and inspection. However, the certificate of tolerance shall be accepted in the following cases:
1- Death.
2 - descent.
Article 39
1. An adversary who requests evidence by witnesses shall indicate the facts which he or she wishes to prove in writing or verbally at the hearing.
2. Each operative of the judgment ordering the testimony of witnesses shall indicate each of the facts ordered to be substantiated and the day on which the investigation begins.
3. If the court authorizes one of the litigants to prove the fact of witness testimony, the other litigant shall have the right to deny it in this way.
4. The Court may, on its own initiative, provide for the testimony of witnesses in cases where the law permits evidence in this way whenever it deems it useful for the truth.
In all cases, it shall, whenever it is necessary to prove the testimony of the witnesses, call upon the witness whoever deems it necessary to hear his testimony to demonstrate the truth.
If you have another question, feel free to ask us and we will answer with pleasure.
I hope my answer was helpful, please let me know if you have any follow up questions. If you feel I've answered your question already, please rate my answer from top of the page. Your feedback helps to ensure only the best experts are available to help you.
You can also ask questions of our other specialists in the areas of nutrition, therapists, IT specialists, doctors, and many more.
Thanks for joining and trusting us, much appreciated! We welcome you to join us in the legal section
We would like to inform you that referring to Federal Law No. 10 of 1992 on the issuance of the Law of Evidence in Civil and Commercial Transactions:
Article 35
1 - With respect to non-commercial items, if the value of a transaction exceeds Dhs five thousand or if it has an indefinite value, the testimony of witnesses in proof of the existence or occurrence of said transaction may not be held valid unless otherwise stipulated in an agreement or a provision.
2 - The liability shall be estimated on the basis of its value at the time of the transaction without the addition of annexes to the origin.
3 - If the action includes several claims arising from various sources, the testimony of witnesses may be given in proof of each claim with a value not exceeding Dhs five thousand even though the total value of such claims exceeds that amount of if the origin thereof arises from relationships between the parties themselves or from transactions of the same nature.
4 - The effect shall be considered if partial fulfilment of the original obligation has been proven.
Article 36:
The evidence given by witnesses may not be considered even if the value does not exceed Dhs. five thousand in the following cases:
1 - Where it violates or exceeds that which is contained in written evidence.
2 - If the liability is what remains of or part of a right, it may only be proved in writing.
3 - If any of the parties to a law suit claims in excess of Dhs. five thousand, then increases his claim to an amount exceeding this value.
Article 37:
The testimony of witnesses may be considered proof in the following cases where proof should be given in writing:
1 - If the concept of proof by writing exists. Such a concept of proof shall be applicable to any writing made by a party which helps to make the transaction at issue possible.
2 - If a material or ethical objection prevents the obtainment of written evidence.
3 - If the creditor loses his written voucher for reason beyond his control.
4 - If the court, for sound reasons, views it as permissible to admit evidence through the testimony of witnesses.
5 - If the written evidence has been challenged on grounds that it contains what is prohibited by law or held to be in violation of public discipline or manners.
Article 38
The testimony shall be for observation and inspection. However, the certificate of tolerance shall be accepted in the following cases:
1- Death.
2 - descent.
Article 39
1. An adversary who requests evidence by witnesses shall indicate the facts which he or she wishes to prove in writing or verbally at the hearing.
2. Each operative of the judgment ordering the testimony of witnesses shall indicate each of the facts ordered to be substantiated and the day on which the investigation begins.
3. If the court authorizes one of the litigants to prove the fact of witness testimony, the other litigant shall have the right to deny it in this way.
4. The Court may, on its own initiative, provide for the testimony of witnesses in cases where the law permits evidence in this way whenever it deems it useful for the truth.
In all cases, it shall, whenever it is necessary to prove the testimony of the witnesses, call upon the witness whoever deems it necessary to hear his testimony to demonstrate the truth.
If you have another question, feel free to ask us and we will answer with pleasure.
I hope my answer was helpful, please let me know if you have any follow up questions. If you feel I've answered your question already, please rate my answer from top of the page. Your feedback helps to ensure only the best experts are available to help you.
You can also ask questions of our other specialists in the areas of nutrition, therapists, IT specialists, doctors, and many more.
إسأل Lawyer
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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