UAE Civil Transactions Law — articles 1001–1100

The suretyship shall include the accessories of the debt, the expenses of the first procedural step taken to claim the debt, and any subsequent expenses arising after notifying the surety, unless otherwise agreed.

The surety shall perform their obligation upon maturity. If their obligation is subject to a condition, performance shall become due upon the fulfilment of the condition.

1. The surety shall be discharged upon the discharge of the debtor, and they may invoke all the defences that the debtor may raise. 2. If the defence raised by the debtor is their lack of capacity, and the surety was awa…

If the creditor receives something else in lieu of their debt, the liability of the principal and the surety shall be discharged, unless that thing becomes subject to entitlement (rei vindicatio).

1. The surety's liability shall be released to the extent of the value of the securities lost by the creditor. 2. Securities are intended to mean any security allocated to guarantee the debt, even if established after th…

The surety shall be released from the suretyship if the creditor does not initiate judicial proceedings to claim the debt against the debtor and the surety within six (6) months commencing from the day following the date…

If the debtor becomes bankrupt or insolvent, the creditor shall file their claim. Otherwise, their right of recourse against the surety shall lapse to the extent of the damage incurred due to the creditor's delay.

If the surety pays the debt, the creditor shall, at the time of payment, perform the following: 1. Deliver to the surety the necessary documents to enable them to exercise their right of recourse against the debtor. 2. A…

1. The creditor may not have recourse against the surety alone except after having recourse against the debtor. 2. The creditor may not levy execution against the surety’s property until after exhausting all the debtor's…

1. If the surety requests exhaustion of the debtor's property, they shall, at their own expense, direct the creditor to the debtor's property. 2. No regard shall be given to property indicated by the surety if such prope…

The surety may be restricted to the payment of the debt from the debtor's funds deposited with the surety, provided that the debtor’s consent is obtained.

If the suretyship is absolute, the surety’s obligation shall follow the obligation of the principal debtor, whether the debt is due immediately or deferred.

If a person stands surety for an immediately due debt by a deferred suretyship, the debt shall be deferred in respect of both the surety and the principal debtor, unless the surety limits the deferment to themselves or t…

If the surety indicates the debtor's assets, the creditor shall be liable towards the surety for the debtor's insolvency or bankruptcy if the creditor fails to take the necessary measures in due time.

If the debt is secured by a real security for the debt and a suretyship is provided after or together with this security, and the surety is not jointly and severally liable with the debtor, execution may not be levied ag…

1. If there are multiple sureties for a single debt, each of them may be claimed for the entire debt, unless they all stood surety in a single contract and did not stipulate joint and several liability therein, in which …

A joint and several surety may invoke the defenses related to the debt that a non-joint surety may invoke.

A suretyship stipulated by operation of law or by virtue of a judicial ruling entails joint and several liability among the sureties.

A suretyship of a surety shall be permissible, and in such a case, the creditor may not have recourse against the surety's surety before having recourse against the surety, unless the surety's surety is jointly and sever…

If the sureties are jointly and severally liable among themselves and one of them pays the debt upon its maturity, they shall have the right of recourse against each of the others for their share of the debt and for thei…

1. If the principal pays the debt before the surety does, or becomes aware of any reason that prevents the creditor from claiming, they shall inform the surety. If they fail to do so and the surety pays the debt, the sur…

If the surety pays the debt, they may subrogate the creditor in all their rights against the debtor. However, if the surety pays only part of the debt, they shall not have recourse for what they paid until the creditor h…

The surety shall have recourse against the debtor for the expenses incurred in fulfilling the terms of the suretyship.

1. A surety may not have recourse against the principal for anything they pay on their behalf unless the suretyship was made at the principal's request or with their approval, and the surety has paid it. 2. A surety may …

If the surety performs something else in lieu of the debt, they shall have recourse against the debtor for what they stood surety, not for what was performed. If they settle with the creditor for a portion of the debt, t…

A surety may petition the court to prohibit the obligor from traveling outside the State if the suretyship was made at the surety’s request and there are indications giving rise to a fear of causing harm to the surety.

If there are multiple debtors and they are jointly and severally liable, a surety who has stood surety for them at their request may have recourse against all of them or any of them for the full amount paid of the debt.

A surety may not take consideration for their suretyship. If they do, they shall return it to its owner, and the suretyship shall lapse if taken from the creditor or the debtor, or from a third party with the creditor's …

The suretyship contract shall not be terminated upon the death of the surety or the debtor, and the obligations shall remain enforceable against the estate of the deceased.

A suretyship shall be extinguished in the following cases: 1. Performance of the debt. 2. Loss or destruction of the property in the possession of the obligor by force majeure and before a claim is made. 3. Extinction of…

The surety for the price of a subject matter of the sale shall be discharged from the suretyship if the sale is rescinded; the subject matter of the sale becomes subject to entitlement, or if it is returned due to a defe…

If the surety or the debtor settles with the creditor for a portion of the debt, both shall be discharged from liability for the remainder. If the discharge of the surety alone is stipulated, the creditor shall have the …

The liability of the debtor and the surety shall not be discharged by the death of the creditor; this right shall be transferred to the creditor's heirs.

If the creditor dies and the debtor is the sole heir; the surety shall be discharged from the suretyship. If the creditor has another heir, the surety shall be discharged only from the debtor's share.

1. If either the surety or the principal debtor assigns the creditor, in respect of the debt under surety or a part thereof, to another person by an assignment accepted by the assignee or the assigned party, the principa…

The right of ownership is the authority of the owner to exercise absolute powers of disposition over the thing itself, its usufruct, and its exploitation—within the limits of the law.

1. The owner of a thing shall own all that is considered among its essential elements, which cannot be separated from it without perishing, deterioration, or alteration. 2. Whoever owns land shall own what is above it an…

The owner of a thing alone shall be entitled to all its fruits, products, and appurtenances, unless a provision of law or an agreement provides otherwise.

No one shall be deprived of their ownership or of the enjoyment thereof, nor shall anyone's property be expropriated, except for public benefit, in exchange for fair compensation, and in accordance with the provisions of…

1. The owner may dispose of their property in an absolute manner, unless such disposition causes serious harm to others or violates laws or regulations related to public or private interest. 2. Serious harm is that which…

If the right of another is attached to the property, the owner may not dispose of it in a manner prejudicial to the holder of such right except with their permission.

Blocking light from a neighbour shall be deemed serious harm. No one may erect a building that blocks the windows of a neighbour's house in a way that prevents light, otherwise the neighbour may request the removal of th…

If a person has a property and disposes of it in a lawful manner, and another person erects a building next to it and is harmed by the pre-existing situation, the person who erected the building may not claim harm theref…

1. The owner of the airspace or its usufruct into which the branches of another's tree have extended may demand the removal of what has extended into their airspace, even if no harm results therefrom. If the other refuse…

The owner of a building may request that their neighbour be prevented from planting trees adjacent thereto if such trees are of a type whose roots extend, and they may request its uprooting if it has been planted.

1. A neighbour may not compel their neighbour to fence their property, nor to cede a part of a wall or the land on which the wall stands. 2. The owner of a wall may not demolish it voluntarily without a justified reason …

1. The owner shall not exceed reasonable limits in the use of their right to the extent that it harms the property of the neighbour. 2. A neighbor may not seek recourse against their neighbor for customary and unavoidabl…

1. An owner may not stipulate in their disposition, whether contract or will, conditions that restrict the rights of the transferee, unless such conditions are lawful, intended to protect a legitimate interest of the tra…

1. The condition preventing disposition shall not be enforceable against a third party unless the third party had knowledge thereof at the time of the disposition or was able to know thereof. 2. If the thing is an immova…

The provisions of this Chapter shall apply only to the extent that they do not conflict with specific legislations concerning co-ownership in common.

If more than one person owns a thing without the share of each being partitioned, they shall be co-owners in common, and their shares shall be equal, unless evidence proves otherwise.

1. Each co-owner in common shall have the right to dispose of, exploit, and use their share without the permission of the other co-owners, provided that no prejudice is caused to their rights. 2. If a co-owner's disposit…

A co-owner in common may not dispose of their share without the consent of the other co-owner in cases of mixing and commingling.

1. The administration of the undivided property shall vest in the co-owners collectively, unless otherwise agreed. 2. If one of the co-owners undertakes the administration without objection from the others, they shall be…

1. The opinion of the majority of co-owners in matters of ordinary administration shall be binding on all. The majority shall be calculated based on the value of the shares. If such majority is not attained, the court ma…

1. Co-owners who own at least three-quarters of the undivided property may decide, for the purpose of improving the enjoyment of this property, to carry out fundamental changes and modifications to the purpose for which …

Each co-owner in common shall have the right to take such measures as necessary to preserve the undivided property, even without the consent of the other co-owners.

The expenses of administering and preserving the undivided property, the taxes imposed thereon, and all other costs arising from co-ownership or imposed on the property shall be borne by all co-owners, each in proportion…

Partition is the severance and determination of an undivided share, and shall be effected by mutual agreement or by a court judgment upon the request of one of the co-owners.

The property subject to partition shall be a divisible thing owned by the co-owners at the time the partition is carried out.

1. Co-owners who own at least three-quarters of the undivided property may decide to dispose thereof, if they have justified reasons, provided they notify the other co-owners of their decision. They may not dispose of it…

1. A co-owner in a movable or a collection of property held in common may, before the partition, redeem the common share sold by another co-owner to a third party, otherwise than by public auction conducted in accordance…

1. Every co-owner may request the partition of the undivided property unless they are compelled to remain in co-ownership by virtue of the law or an agreement. No agreement may compel a co-owner to remain in co-ownership…

1. The co-owners may all agree on the partition of the undivided property in any manner they deem appropriate, unless the law provides otherwise. 2. Partition by agreement shall not be carried out if one of the co-owners…

Any person wishing to exit from co-ownership who fails to reach an agreement with the other co-owners may request a judicial partition.

The joint property shall be capable of partition in such a manner that the intended benefit thereof is not lost as a result of the partition.

1. If partition in kind is impossible or if it would cause harm or a significant decrease in the value of the property to be partitioned, any of the co-owners may sell their share to another co-owner or may request the c…

1. The creditors of each co-owner may object to the partition, whether consensual or judicial. The objection shall be made by a notice served on all co-owners if the partition is consensual, or by intervention before the…

If a debt is discovered against the deceased after the partition of the estate, the partition shall be rescinded, unless the heirs pay the debt, or the creditor releases them therefrom, or the deceased left other propert…

A party to a partition shall be deemed to have owned the share that devolved thereto by partition from the time they acquired it by co-ownership.

1. The co-partitioners shall mutually warrant one another against any adjudication of ownership in favor of a third party or any disturbance of title affecting the share allotted to any of them, where such adjudication o…

1. A partition may not be revoked after its completion. However, all co-owners may rescind the partition by mutual consent and restore the property to state of co-ownership. 2. A party who has suffered gross unfairness i…

The provisions governing the option of stipulation, option of inspection, and option for defect shall apply to the partition of different genera and to non-fungible items of the same genus. As for the partition of fungib…

A claim for rescission and re-partition shall not be heard if it is not instituted within one year from the date of the partition.

A partition shall be void if the whole or an undivided part of the partitioned property becomes subject to entitlement. In such case, it shall be mandatory to re-effect the partition in respect of what remains thereof.

The partition made by a negotiorum gestor in undivided property shall be voidable for the benefit of the co-owners in the undivided property.

Muhaya'ah is a usufruct apportionment and may be temporal or spatial. In the former, the co-owners take turns enjoying the usufruct of the entire joint property for periods proportionate to each of their respective share…

1. In a temporal apportionment (Muhaya'ah), the commencement date and the period of enjoyment of each co-owner shall be determined. If the co-owners disagree thereon, the court shall determine the period it deems appropr…

Usufruct apportionment, as regards its enforceability against third parties, the legal capacity of the co-owners and their rights, obligations, and the modes of proof, shall be governed by the provisions applicable to a …

1. The co-owners may, pending the final partition, agree to apportion the usufruct of the undivided property among themselves until the final partition is effected. 2. If the co-owners fail to agree on the usufruct appor…

1. If one of the partners requests partition and the others request usufruct apportionment, the claim for partition shall be admissible. 2. If one of the partners requests usufruct apportionment and the others do not req…

Usufruct apportionment shall not be voided by the death of one or all of the shareholders, and the heirs of the deceased shall replace them.

Partners in an undivided property may not request its partition if it is evident from the purpose for which the property was designated that it must remain in co-ownership.

1. Members of the same family who are united by a common activity or interest may agree in writing to establish family ownership. 2. Family ownership shall be formed either from an estate they have inherited and agreed t…

1. Family ownership may be established for a period not exceeding fifteen (15) years. However, any partner may request the court’s permission to withdraw their share from this ownership before the lapse of the agreed ter…

1. Partners may not request partition as long as the family ownership is in effect, and no partner may dispose of their share to a person outside the family, except with the consent of all partners. 2. If a person outsid…

1. The owners of the majority of shares in the family ownership may appoint, from among themselves, one or more persons to manage the joint property. The manager may introduce changes to the purpose for which the joint p…

Except for the previous provisions, the provisions of co-ownership, agency, and the estate shall apply to family ownership.

1. If the owners of the floors or various apartments of a building are multiple, they shall be deemed partners in the ownership of the land and the parts of the building designated for common use by all, or any other par…

The common parts of the building mentioned in Article (1089) of this Law are not subject to partition, and the share of each owner therein shall be in proportion to their share in the building. No owner may dispose of an…

Common walls between two apartments shall be jointly owned by the owners of those two apartments, unless they form part of the common parts.

Each owner may use the common parts for the purposes for which they are designated, provided that this does not prevent the other co-owners from using their rights.

1. Each owner shall contribute to the costs of preservation, maintenance, and management of the common parts. Their share in the costs shall be in proportion to the value of their property in the real estate, unless othe…

No owner may make any modification to the common parts without the approval of all owners, even during the renovation of the building, unless the modification benefits those parts and does not alter their designation or …

1. The owner of the lower floor shall carry out the works and repairs necessary to prevent the collapse of the upper floor, and the owner of the upper floor shall carry out the works and repairs necessary to prevent the …

1. If the building collapses, the owner of the lower floor shall rebuild their lower floor as it was before. If they refrain and the owner of the upper floor rebuilds it with their permission or the Court's permission, t…

The owner of the upper floor may not increase the height of the building in a manner that causes harm to the owner of the lower floor.

1. Where there is joint ownership of a property divided into floors or apartments, the owners may form an association among themselves to manage it and ensure its proper use. 2. The purpose of forming the association may…

If a wall is common between two or more persons, none of the co-owners therein may add to the construction upon it without the permission of the others.

1. An owner of a common wall may use it for the purpose for which it was designated, and may place beams on it to support the roof, without overloading the wall. 2. If the common wall is no longer suitable for the purpos…