In Dubai civil cases, if someone proves they cannot pay what the court ordered, they will normally avoid facing an arrest warrant, the emirate's highest judicial body has said.
Creditors need to demonstrate that the person who owes the money has sufficient funds to pay the debt before the court can issue an arrest warrant for unpaid dues.
The Dubai Court of Cassation made the announcement on October 24 in an attempt to clarify the clauses of article 319 of the federal civil procedure law and avoid creditors making unnecessary claims.
The court said insolvency should be presumed unless proved otherwise and that creditors must provide evidence.
Dr Hassan Elhais, a legal consultant at Awatif Mohammad Shoqi Advocates and Legal Consultants in Dubai, said the law allows for the imprisonment of debtors who fail to comply with court-ordered payments, unless they can prove their insolvency.
"However, it's crucial to note that the article also outlines specific conditions under which claims of insolvency may not be accepted, potentially leaving debtors vulnerable to imprisonment," he told The National.
"These include if the debtor has smuggled or concealed their assets with the intent of harming the creditor.
"These actions make it impossible for the creditor to access these assets for repayment."
He said this includes cases where the debt contains one or more instalments that the debtor has failed to pay, or when the debtor has provided guarantees for another person's debt before the court or an execution judge.
The only exception is if the debtor can demonstrate new circumstances that have significantly affected their financial circumstances, making it impossible to meet their repayment obligations.
"But we have to be clear that this is related to cases involving real estate, commercial, family and labour disputes, and not criminal offences," Dr Elhais added.
The court said enforcement judges must conduct a brief investigation with the debtor before considering imprisonment, with a focus on proving solvency or uncovering asset concealment.
"This landmark resolution aims to provide a fairer and more balanced approach to debt-related matters in Dubai, ensuring that individuals facing financial challenges are not unduly penalised," Dr Elais said.
"It underscores the importance of proving a debtor's solvency before resorting to imprisonment, ensuring a more equitable legal process."
The more serious side of specialty coffee
While the taste of beans and freshness of roast is paramount to the specialty coffee scene, so is sustainability and workers’ rights.
The bulk of genuine specialty coffee companies aim to improve on these elements in every stage of production via direct relationships with farmers. For instance, Mokha 1450 on Al Wasl Road strives to work predominantly with women-owned and -operated coffee organisations, including female farmers in the Sabree mountains of Yemen.
Because, as the boutique’s owner, Garfield Kerr, points out: “women represent over 90 per cent of the coffee value chain, but are woefully underrepresented in less than 10 per cent of ownership and management throughout the global coffee industry.”
One of the UAE’s largest suppliers of green (meaning not-yet-roasted) beans, Raw Coffee, is a founding member of the Partnership of Gender Equity, which aims to empower female coffee farmers and harvesters.
Also, globally, many companies have found the perfect way to recycle old coffee grounds: they create the perfect fertile soil in which to grow mushrooms.
MATCH INFO
Uefa Champions League, last-16 second leg
Paris Saint-Germain (1) v Borussia Dortmund (2)
Kick-off: Midnight, Thursday, March 12
Stadium: Parc des Princes
Live: On beIN Sports HD
OPINIONS ON PALESTINE & ISRAEL
Zayed Sustainability Prize
Manikarnika: The Queen of Jhansi
Director: Kangana Ranaut, Krish Jagarlamudi
Producer: Zee Studios, Kamal Jain
Cast: Kangana Ranaut, Ankita Lokhande, Danny Denzongpa, Atul Kulkarni
Rating: 2.5/5
How to tell if your child is being bullied at school
Sudden change in behaviour or displays higher levels of stress or anxiety
Shows signs of depression or isolation
Ability to sleep well diminishes
Academic performance begins to deteriorate
Changes in eating habits
Struggles to concentrate
Refuses to go to school
Behaviour changes and is aggressive towards siblings
Begins to use language they do not normally use
The team
Photographer: Mateusz Stefanowski at Art Factory
Videographer: Jear Valasquez
Fashion director: Sarah Maisey
Make-up: Gulum Erzincan at Art Factory
Model: Randa at Art Factory Videographer’s assistant: Zanong Magat
Photographer’s assistant: Sophia Shlykova
With thanks to Jubail Mangrove Park, Jubail Island, Abu Dhabi
The years Ramadan fell in May
Score
Third Test, Day 2
New Zealand 274
Pakistan 139-3 (61 ov)
Pakistan trail by 135 runs with 7 wickets remaining in the innings
The Bio
Favourite place in UAE: Al Rams pearling village
What one book should everyone read: Any book written before electricity was invented. When a writer willingly worked under candlelight, you know he/she had a real passion for their craft
Your favourite type of pearl: All of them. No pearl looks the same and each carries its own unique characteristics, like humans
Best time to swim in the sea: When there is enough light to see beneath the surface
THE%20STRANGERS'%20CASE
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The specs: 2018 Ducati SuperSport S
Price, base / as tested: Dh74,900 / Dh85,900
Engine: 937cc
Transmission: Six-speed gearbox
Power: 110hp @ 9,000rpm
Torque: 93Nm @ 6,500rpm
Fuel economy, combined: 5.9L / 100km
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Apple%20Mac%20through%20the%20years
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The%20Mother%20
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The specs
Engine: 3.0-litre six-cylinder turbo
Power: 398hp from 5,250rpm
Torque: 580Nm at 1,900-4,800rpm
Transmission: Eight-speed auto
Fuel economy, combined: 6.5L/100km
On sale: December
Price: From Dh330,000 (estimate)
