What is rehabilitation in UAE law and what are its types | FHS Legal Consultancy

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What is rehabilitation in UAE law and what are its types

What is meant by consideration?

Perhaps the most embarrassing and damaging cases are bankruptcy cases. After the legal procedures are terminated, and the consequences of that are preventing the bankrupt merchant from controlling his money, and depriving him of some rights, whether civil or political, and after implementing the ruling, the merchant tries to regain his work, reputation, and the community’s trust in him again, and therefore he applies to the court with a request for rehabilitation.

There are two types of rehabilitation : one is called legal rehabilitation and the other is judicial rehabilitation.

What is the definition of each and what is the difference between legal rehabilitation and judicial rehabilitation?

Let us learn about these two types in the following lines

Restitution of legal consideration

Article No. 1 of Federal Law No. (36) of 1992 A.D. states that a person convicted of any criminal or misdemeanor case, or any case of any kind related to honesty and honor, has the right to be restituted if he was sentenced in a criminal case in which five years have passed, whether the sentence has been executed, or he has been pardoned, or its term has been forfeited. Likewise, if a misdemeanor has been ruled, three years have passed since its execution.

UAE law stipulates the eligibility to claim restitution in the following cases:

        Criminal penalties and misdemeanors related to honor and trust that have been Executing its ruling, pardoning it, or its statute of limitations

        Two years after the execution of the felony penalty or its forfeiture.

        After a year of misdemeanor punishment.

        Article 12 states that the court’s acceptance of a request for rehabilitation is based on . These conditions are fulfilled, in addition to the condition of the court’s confidence that the rehabilitation applicant has improved his behavior since the sentence was issued against him

        Rehabilitation may restore some of his political rights to the bankrupt merchant. As well as financial, but he remains prohibited from disposing of his money .. and his financial dealings are restricted

        Judicial rehabilitation

Any bankrupt merchant, according to UAE law, has the right to apply for rehabilitation to the court that issued the bankruptcy judgment against him, provided that he pays the cost of publishing a summary of the application in one of the daily newspapers.

How to submit a refund request

        Submit a petition to the Public Prosecution in the merchant’s residence

        Mention the applicant’s personal data.

        The judgment and the date of its issuance

        The Public Prosecution is conducting an investigation into the submitted request to ensure that His personal information is correct, and that he has modified his behavior

        The prosecution studies his general behavior

        Looking for any information that helps the judge in making a decision and issuing a judge’s ruling

        The Public Prosecution submits its report to the court with a report indicating its approval or rejection. Refund request and reasons for it

When does the court allow the rehabilitation of the bankrupt trader?

According to the law of the United Arab Emirates, a new opportunity is available to the bankrupt merchant, and a judgment is issued to erase the bankruptcy precedent from his commercial register, after three years have passed since the issuance of his bankruptcy judgment, and thus the bankrupt merchant can restore work in the business. business activity again.

In special and specific cases, the court may allow the bankrupt trader to submit a request for rehabilitation before the lapse of three years from the judgment declaring his bankruptcy, provided that:

        That the trader has paid his debts and interest for a full year

        The merchant’s heirs may request his rehabilitation after his death.

        Reconciliation with creditors

        The acquittal of the creditors of the bankrupt trader and their pledge not to claim him again.

        But if it is proven that the negligence of the trader is the reason for his bankruptcy and that he has risen. actions or his negligence resulted in default in the payment of funds, in this case: the bankrupt trader is not granted a rehabilitation unless

        He completed the execution of the sentence issued against him, or he was pardoned or forfeited. The penalty is statute of limitations

What is the rule of fraud?

Linguistically, deception is misleading, whereby a merchant convicted of bankruptcy misleads others, and makes false and untrue statements, so he cannot be rehabilitated unless he pays all dues and interests, or if he passes. Three years after the execution of the penalty, or the penalty lapses by statute of limitations.

Is the opinion of the creditors taken into account in the case of rehabilitation?

Yes, of course, the law of the United Arab Emirates grants the creditor the right to submit a written objection to the court within thirty days of publishing the rehabilitation request, and even after the court issues in favor of the rehabilitation requester, the creditor can submit an objection, and if the court rejects it, he has the right to file another objection after six months of his rejection, and the court reserves the right to cancel the rehabilitation judgment even after its issuance. If other judgments appear against the merchant, of which the court was not aware.

For more information and inquiries about all corporate and bankruptcy cases, debt collection, criminal cases and misdemeanors, do not hesitate to contact the most skilled experts. Legal and the best lawyers in Abu Dhabi and they will not hesitate to provide any assistance or legal advice or follow-up for all types of cases in the various courts of the Emirates and outside. The UAE

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