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Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Attorney

الأسئلة المجابة 80029 | نسبة الرضا 98.7%

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Hi, I have an inquiry about a civil case filed...

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Hi, I have an inquiry about a civil case filed against an incomplete loan payment

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إجابة الخبير: Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Attorney

الأسئلة المجابة 80029 | نسبة الرضا 98.7%

 It should be noted that after reviewing your inquiry and legal scrutiny we would like to inform you that

Article 638 provides that the legal procedures which taken by the check holder against the drawer, and those who are forced to pay the check, shall not be accepted after two years from the date of expiry of the specified period for submitting the check.
If a case has already been filed, the limitation period shall be calculated only from the date of the last action taken. In addition, the period of limitation does not apply if the debt is settled or when a separate action is taken to renew the debt

 

Article (640)

1. Where a lawsuit is initiated, the time limitations stated in Article (638) shall not apply except from the day of the last action taken thereon.

2. Such time limitations shall not run if the debt is adjudicated or when it is acknowledged by a separate deed resulting in the renewal of the debt.

3. Interruption of the above time limitations shall have effect only in regard to the person against whom the action interrupting the time limitation is taken..

 

Article 104

Detention or a fine shall be imposed upon anyone who, in bad faith, gives a draft (cheque) without a sufficient and drawable balance or who, after giving a cheque, withdraws all or part of the balance, making the balance insufficient for settlement of the cheque, or if he orders a drawee not to cash a cheque or makes or signs the cheque in a manner that prevents it from being cashed.

The same penalty shall apply to any one who endorses a cheque in favor of another or gives him a bearer draft, knowing that there is no sufficient balance to honor the cheque or that it is not drawable.

 

after verification of the elements of the offense, under the authority provided for in Article 401 of the UAE Penal Code, the court may determine the penalty for the perpetrator, which may be determined by a fine only, in accordance with the findings of the court and the amount due, and the fine is usually between 1,000 dirhams And 30,000 AED or more. The court may also decide to imprison the accused for a period of one to three years.

 

إسأل Attorney

Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Attorney

الأسئلة المجابة 80029 | نسبة الرضا 98.7%

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