إسأل Attorney الآن
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
Lawyer
I have a company in Sudan. I bought goods from a...
I have a company in Sudan. I bought goods from a company in Abu Dhabi as they promised to deliver CIF to Khartoum international airport they failed and they shipped by see without notification or agreement while i have paid the full amount and got they invoice. The goods was agreed to be delivered by 30th July 2020 now it will be delivered by 25th August 2020 and this is a total loss for my company . I asked them to cancel the order they refused. I need to get my money back by law. How's that possible and at which cost and when ?
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إجابة الخبير: Moath Samer
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
We would like to inform you that if you ship goods from a UAE company and you fail to deliver on time, you may file a case against this company to the UAE judiciary, and ask for compensation for any damage caused to you in addition to paying the penalty clause.
But it must be noted if the reason for the delay was due to the actions taken under Corona, in which case it is possible to claim compensation, but you will not get the compensation in full, but rather get a certain percentage determined by the judge
Article (272)
1. In bilateral contracts, if one of the parties does not perform his contractual obligations, the other party may, after serving a formal notification to the debtor, demand the performance of the contract or its rescission.
2. The judge may order the debtor immediate performance of the contract or grant him specified additional time, as he may order rescission with damages, in any case, if deemed justified.
** As stated in 273
1- In contracts binding on both sides, if a force majeure occurs to make the implementation of the obligation impossible, the corresponding obligation with him has lapsed, and the contract is dissolved on its own.
2- If the impossibility is partial, the equivalent of the impossible portion has passed, and this provision applies to the temporary impossibility in continuous contracts. In these two cases, the creditor may revoke the contract on the condition that the debtor knows
But it must be noted if the reason for the delay was due to the actions taken under Corona, in which case it is possible to claim compensation, but you will not get the compensation in full, but rather get a certain percentage determined by the judge
Article (272)
1. In bilateral contracts, if one of the parties does not perform his contractual obligations, the other party may, after serving a formal notification to the debtor, demand the performance of the contract or its rescission.
2. The judge may order the debtor immediate performance of the contract or grant him specified additional time, as he may order rescission with damages, in any case, if deemed justified.
** As stated in 273
1- In contracts binding on both sides, if a force majeure occurs to make the implementation of the obligation impossible, the corresponding obligation with him has lapsed, and the contract is dissolved on its own.
2- If the impossibility is partial, the equivalent of the impossible portion has passed, and this provision applies to the temporary impossibility in continuous contracts. In these two cases, the creditor may revoke the contract on the condition that the debtor knows
إسأل Attorney
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
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