UAE Civil Transactions Law — articles 1101–1200

1. A co-owner of a common wall who has a serious interest in raising it may do so at their own expense, provided that this does not cause material harm to their co-owners. They shall maintain the wall and reinforce it so…

A neighbour who has not contributed to the expenses of heightening the common wall may become a co-owner of the raised part if they pay their share of the amounts expended thereon, and the value of one half of the land o…

A wall which, at the time of its construction, served as a partition between two buildings is deemed to be a common wall up to its point of separation, unless there is evidence to the contrary.

Whoever appropriates an unowned movable with the intention of owning it, acquires ownership thereof.

A movable shall be deemed unowned if no provision of law prohibits its appropriation, and it has no owner or has been abandoned by its owner with the intention of relinquishing ownership.

Non-domesticated animals are deemed unowned so long as they are at large. Nevertheless: 1. If such an animal has been captured and then returns to being at large, it shall not be deemed unowned unless its owner does not …

1. A buried or hidden treasure, for which no one can prove ownership shall belong to the owner of the immovable where the treasure was found, unless the applicable legislation provides otherwise. 2. Treasure found in an …

Minerals and natural resources located in the subsoil shall be the property of the State, even if found in privately owned land.

Special laws regulate: 1. Abandoned property. 2. Matters relating to treasures and minerals. 3. The right to hunt on land and at sea. 4. Lost property (luqṭa) and antiquities.

Property cast up by the sea that has not previously been owned by any person shall belong to the finder who first takes possession thereof, unless applicable legislation provides otherwise.

Uncultivated unowned lands (mawāt land) shall be the property of the State. It is not permissible to acquire or take possession of such lands except by a license from the competent authority in accordance with the applic…

The competent authority may authorize the revival of uncultivated unowned land, provided that the person who revives it shall have the right to benefit from it without acquiring ownership, or may own it with the approval…

If a person revives part of a land for which they were authorized to revive, and leaves the rest, they shall be the owner of what they have revived only, upon obtaining the approval of the competent authority.

Revival shall be effected by cultivating or planting uncultivated unowned land, or building upon it and using it in accordance with applicable legislation.

Whoever digs a complete well in uncultivated unowned land with the permission of the competent authority shall acquire ownership thereof or the right to benefit therefrom, in accordance with applicable legislation.

The provisions contained in this Section shall apply to inheritance and the liquidation of the estate, unless special legislation provides otherwise.

1. An heir acquires by way of inheritance the real estate, movables, and rights forming part of the estate. 2. The designation of heirs and the determination of their shares in the inheritance and the transfer of the est…

1. If the deceased appoints an executor of the estate, the Court shall, at the request of the interested parties, confirm this appointment. 2. The provisions applicable to a liquidator shall apply to the executor of the …

1. If the deceased has not appointed an executor of their estate, any of the interested parties may request the court to appoint an executor. 2. The Court shall appoint the person agreed upon by the heirs. If the heirs d…

1. Any person appointed as an executor may refuse to assume this task or may resign therefrom after assuming it, in accordance with the provisions of agency. 2. The court may, upon the request of any of the concerned par…

1. The court shall maintain a special register to record the decisions issued appointing or confirming executors of the estate if appointed by the decedent, or for their removal or resignation. 2. The registration mentio…

1. The executor of the estate shall receive the estate assets upon their appointment and shall liquidate them under the court's supervision, and may request fair remuneration for undertaking their task. 2. The estate sha…

1. The court shall, when necessary, take all necessary measures to preserve the estate upon the request of any of the interested parties or without a request, and may order the deposit of cash, documents and securities, …

The executor of the estate shall disburse from the assets of the estate the expenses of preparing the decedent for burial and the expenses of their funeral and burial, in a manner befitting their condition. The executor …

1. Creditors may not take any action against the estate from the time of recording the order appointing the executor of the estate, nor may they continue any enforcement measure they have taken except against the executo…

An heir may not, before receiving a certificate stating their share in the net estate, dispose of any asset of the estate, nor may they collect debts owed to the estate or set off a debt owed thereby against a debt owed …

1. The executor of the estate shall, during the liquidation, take all measures for the preservation of the estate assets, perform the necessary acts of administration, represent the estate in legal proceedings, and colle…

The executor of the estate shall issue a notice to the estate's creditors and debtors to submit a statement of the rights due to them, and the debts owed by them in the manner, form, and within the periods determined by …

The executor of the estate may seek the assistance of one or more experts in the valuation and inventory of the estate assets and shall record what is revealed by the decedent's papers and what comes to their knowledge, …

1. The executor of the estate shall, within ninety (90) days from the date of their appointment, file with the competent court a list that includes a preliminary estimate of the value of the estate assets and its rights …

Any dispute regarding the validity of the inventory and the data of the list referred to in Article (1130) of this Law shall be brought before the competent court within thirty (30) days from the date of filing the list.

The executor of the estate shall, after obtaining the court's permission, pay the debts that are not subject to dispute after the expiry of the period specified for filing claims related to the inventory. As for the disp…

The executor of the estate shall, in case of the estate's insolvency or bankruptcy, or the likelihood thereof, suspend the settlement of any debt, even if there is no dispute regarding it, until all disputes related to t…

1. The executor of the estate shall pay the estate's debts from the rights collected thereby on behalf of the estate, the cash it contains, and the price of the securities it has sold at market price, and from the price …

The court may, upon the request of all heirs, rule that a debt secured by an in-rem security becomes due, and determine the amount due to the creditor.

Each heir may, after the distribution of the deferred debts secured by an in-rem security, pay the portion that has been assigned to them before the due date.

Creditors who have not collected their rights because they were not shown in the inventory list and had no securities on the estate assets may not have recourse against persons who have acquired, in good faith, an real r…

After settling the estate's debts, the executor of the estate shall execute the wills and other charges.

What remains of the estate assets after the execution of its obligations shall devolve to the heirs, each according to their lawful Shari'a share.

The competent court shall, upon the request of one of the heirs or any interested party, issue a certificate establishing the identification of the heirs and stating the share of each in their statutory Shari'a inheritan…

1. The executor of the estate shall deliver to the heirs what has devolved to them from the estate assets. 2. The heirs may, as soon as the period specified for disputes related to the estate's inventory expires, demand …

Each heir may request from the executor of the estate that their share in the inheritance be delivered to them in separate allotment, unless this heir is bound to remain in co-ownership based on a provision of the law or…

1. If the partition request is required to be accepted, the executor of the estate shall conduct the partition amicably, provided that this partition does not become final unless approved unanimously by all heirs. 2. If …

The rules governing partition shall apply to the partition of the estate, in particular those related to warranty against disturbance and entitlement, unfairness, and the privilege of the co-partitioner.

If among the estate assets there is an asset that is exploited agriculturally, industrially, or commercially, and is considered a standing independent economic unit, and the heirs did not agree on the continuation of its…

If an heir is exclusively assigned, at the time of the estate partition, a debt owed by a third party, the other heirs do not guarantee the solvency of the debtor to the heir if they become insolvent after the partition,…

A will for the partition of the estate's property among the decedent's heirs, whereby each heir or some of the heirs is allocated to the extent of their share, is valid. If the value of what is assigned to one of them ex…

The partition deferred to take effect after death may be revoked, and it becomes binding upon the death of the decedent.

If the partition does not include all the assets of the decedent at the time of their death, the assets not included in the partition shall devolve in co-ownership to the heirs in accordance with the rules of inheritance…

If one or more of the prospective heirs who were included in the partition die before the decedent, the separately allocated share that fell into the share of the deceased shall devolve to their entitled beneficiaries in…

The provisions of partition shall apply to the partition deferred to take effect after death, with the exception of the provisions related to unfairness.

If the partition does not include the debts of the estate, or if it includes them but the creditors do not agree to this partition, any of the heirs may, in the absence of agreement with the creditors, request the court …

If the estate has not been liquidated in accordance with the preceding provisions, the ordinary creditors of the estate may enforce their rights or what has been bequeathed to them against the real property of the estate…

1. A will is a disposition in the estate deferred to take effect after death. 2. The legatee shall acquire ownership of the willed property by way of the will in accordance with the applicable legislation.

The provisions of the applicable legislation shall apply to the will.

1. A claim of a will or its revocation or amendment shall not be admissible upon denial after the testator's death, except by the testimony of two credible witnesses or those deemed equivalent thereto. 2. If the will is …

1. Any legal act made by a person during a death illness with the intention of making a gift shall be considered a disposition effective after death, and the provisions of a will shall apply thereto, regardless of the de…

If a person disposes of property in favour of one of their heirs while retaining, by any means, possession of the thing disposed of and their right to benefit therefrom for life, the disposition shall be considered effec…

Alluvium brought by a flood, wadis, or any watercourse to someone's land belongs to them.

1. The owner of land that shifts from its place due to a natural incident may claim it if its identity can be verified, and the owner of the more valuable land shall pay compensation equal to the value of the less valuab…

The following shall be considered State property: 1. Large and small islands that are naturally formed in watercourses. 2. Large and small islands formed within lakes. 3. The beds of lakes and the sea. 4. Lands uncovered…

Any building, planting, or other work existing on land is considered to have been erected by the landowner at their own expense and to belong to them, unless there is evidence to the contrary.

If a landowner erects a building or plantings on their land with materials belonging to another without permission, the other party may recover them at the landowner's expense if their removal does not cause serious harm…

1. If a person erects a building, plantings, or other structures with their own materials on land they know belongs to another without the owner's consent, the landowner may request their removal at the erector's expense…

1. If a person erects structures on another's land with materials belonging to a third party, the owner of the materials may not claim their recovery but may claim compensation from the person who used them, and may also…

1. If one of the co-owners builds for themselves in the joint ownership that is susceptible to partition without the authorization of the others, and the others then request partition, a partition shall be effected. If t…

If two movables belonging to different owners are connected in such a way that they cannot be separated without damage, and there is no agreement between the owners, the court shall adjudicate the dispute, taking into ac…

1. Ownership and other real rights (jus in rem) in movables and immovables shall be transferred by contract once its elements and conditions are fulfilled, in accordance with the provisions of the law and applicable legi…

Ownership of an immovable property and other real rights (jus in rem) over immovable property shall not be transferred between the contracting parties nor as against third parties except by registration, in accordance wi…

An undertaking to transfer ownership of an immovable property shall give rise only to an obligation to compensate if the promisor breaches their undertaking, whether compensation was stipulated or not.

Pre-emption is the entitlement of a co-owner in an immovable property held in undivided shares to acquire their co-owner's share that has been transferred under a commutative contract, by paying its price in a financial …

The following shall be deemed pre-emptors: 1. The administrator of an endowment held in undivided shares in a joint immovable property, where the Waqif (endower) has conferred thereupon the right to take the co-owner's s…

There shall be no right of pre-emption for: 1. A person in whose favour a part of a joint immovable property is endowed between the waqif and another, if the co-owner sells their share, even if the beneficiary of the end…

There shall be no pre-emption for a co-owner in the following: 1. Crops, whether sold separately or together with its land. If sold with its land, pre-emption is established for the land only for the portion of the price…

The person against whom pre-emption is exercised is the person who has acquired full ownership of a co-owner's share by way of a commutative contract, even if it is non-financial.

The pre-empted property shall be a divisible immovable property which one of the co-owners has transferred by way of a commutative contract, even if such transaction is effected by way of exchange for a similar immovable…

1. If one of the co-owners sells their share in the joint immovable property and the remaining co-owners take it by pre-emption, it shall be divided among them in proportion to their respective shares, not according to t…

1. If the classes of pre-emptors differ, pre-emption shall belong to the one who shares with the seller of the pre-empted immovable property in the fixed share of inheritance. If they waive their right, it shall pass to …

1. If the property subject to the right of pre-emption is sold multiple times and the pre-emptor is unaware of the multiple sales, or is aware thereof but absent, they shall have the option to take it in pre-emption for …

The pre-emptor shall exercise the pre-emption for themself, not for another. If they exercise it for another, even by way of gift or donation, their pre-emption shall be void and their right to exercise pre-emption for t…

1. The right of pre-emption arises after the sale, upon the occurrence of the cause giving rise thereto. 2. A gift made subject to consideration shall be deemed equivalent to a sale.

It is a condition that the pre-emptor owns the property in respect of which pre-emption is claimed at the time of the purchase of the pre-empted property.

If the right of pre-emption is established, it shall not lapse by the death of the seller, the purchaser, or the pre-emptor.

No right of pre-emption shall exist: 1. In property acquired by a gift without consideration, charity, inheritance, or by will. 2. In buildings and trees sold independently from the land on which they stand, or in buildi…

The pre-emptor's right of pre-emption shall lapse in the following cases: 1. If they partition with the purchaser of their co-owner’s share, or purchase the share from them, or lease it, even if unaware that such act res…

If the property subject to the right of pre-emption is sold in a single transaction, the pre-emptor shall have the option to take it in its entirety or to leave it to the purchaser. They may not take part thereof without…

If some pre-emptors waive their right of pre-emption or are absent before exercising it, the remaining or present pre-emptors may take the entire pre-empted property or leave it all. They may not take part thereof withou…

1. If some pre-emptors are absent before exercising their right of pre-emption and the present pre-emptors take the entire pre-empted property, and then one of the absent pre-emptors returns, the returning pre-emptor sha…

A claim of pre-emption shall not be admissible: 1. If the sale was conducted by public auction in accordance with procedures prescribed by law. 2. If the sale took place between ascendants and descendants, between spouse…

1. A claim of pre-emption shall be instituted within two months from the date on which the pre-emptor becomes aware of the sale. 2. In all cases, a claim of pre-emption shall not be admissible after the lapse of six (6) …

1. The claim of pre-emption shall be instituted against the purchaser before the court within whose jurisdiction the property is located. 2. The court shall decide upon any dispute related to the actual price of the pre-…

1. The purchaser may demand before the court that the pre-emptor either exercises the right of pre-emption or waives their right thereto. If the pre-emptor responds to either option, they shall be bound by their response…

Ownership of the pre-empted property shall vest in the pre-emptor by virtue of a court judgment or by taking delivery from the purchaser by mutual consent, with due regard to the rules governing registration.

1. The fruits of the property shall belong to the purchaser until the time the property is taken from them by pre-emption. 2. If the purchaser has leased the property to a third party and the lessee has paid the rent, th…

1. The acquisition of the pre-empted property by judicial order or by agreement shall be deemed a new purchase, which establishes the pre-emptor's right to the option of inspection and the option of defect, even if the p…

1. If, before filing the pre-emption claim, the purchaser enhances the pre-empted property, or constructs buildings thereon or plants trees therein, the pre-emptor shall have the option either to abandon the pre-emption …

The pre-emptor may invalidate all dispositions made by the purchaser, even if they have endowed the pre-empted property or made it a place of worship.

No security mortgage created against the purchaser, nor any sale made by the purchaser, nor any real right (jus in rem) created by or against them over the pre-empted property, shall be effective against the pre-emptor i…

1. Possession is the effective control exercised by a person, personally or through another, over a thing or a right that can be dealt with. 2. A non-discerning person shall acquire possession through their legal represe…

1. Possession shall not be established by an act performed by a person merely by way of permissive tolerance, nor by an act borne by another by way of tolerance. 2. If possession is coupled with coercion, is obtained cla…