UAE Civil Transactions Law — articles 1201–1300

1. Possession through an intermediary shall be valid when the intermediary exercises it in the name of the possessor and is connected thereto in such a manner as to be obliged to comply with the possessor’s instructions …

1. Possession shall be transferred from the possessor to another if they agree thereto, and the transferee is capable of exercising control over the thing subject to possession. 2. Possession may be transferred without p…

1. The delivery of documents issued in respect of goods entrusted to a carrier or deposited in warehouses shall be deemed equivalent to the delivery of the goods themselves. 2. If one person receives the documents referr…

1. Possession shall be transferred to a universal successor with its legal attributes; however, if the predecessor was in bad faith and the successor proves that they were in good faith in their possession thereof, they …

1. Possession shall be deemed continuous from its inception through normal and regular use of the thing or right. 2. A person who claims ownership by the lapse of time may rely on the possession of the person from whom t…

Possession shall cease if the possessor abandons their effective control over the thing or right, or if they lose this control in any other way.

1. Possession shall not cease if a temporary impediment prevents the exercise of actual control over the thing or right. 2. A possessory claim shall not be admissible if this impediment continues for a full year and aris…

1. A possessor of immovable property may, within the year following its loss, claim its recovery. If the loss of possession was clandestine, the year shall begin from the date on which it is discovered. 2. A person who w…

1. If the person who lost possession has not completed one year of possession from the time of its loss, they may not recover possession from a person who relies on a possession entitled to preference. Possession entitle…

A possessor may, within the statutory time limit, bring a claim for recovery of possession against the person to whom possession of the thing or right unlawfully taken has been transferred, even if such person acts in go…

A person who has possessed an immovable property and has continued to possess it for a full year, and is thereafter disturbed in their possession, may, within the following year, bring an action to prevent such disturban…

1. Whoever has possessed an immovable property and has continued to possess it for a full year, and fears, for reasonable cause, a disturbance arising from new works that threaten their possession, may bring the matter b…

If several persons dispute the possession of a single thing or right, the possessor shall be temporarily deemed to be the person who has material possession, unless it appears that this possession was obtained in a defec…

Whoever possesses a thing appearing as its owner or the holder of another real right (jus in rem) over it shall be deemed to be the owner or the holder of the right, unless the contrary is proven.

1. A person who possesses a thing or a right, being unaware that they are infringing upon the right of another, shall be deemed to be in good faith, unless such unawareness arises from gross fault. 2. If the possessor is…

1. Good faith shall cease for the possessor only from the time they become aware that their possession constitutes an infringement of the right of another. 2. Good faith shall cease from the date on which the possessor i…

Possession shall retain the character with which it had at the time of its acquisition, unless evidence to the contrary is established.

Whoever possesses a movable, an immovable property, or a real right (jus in rem) over an immovable property not registered with the competent authority, by lawful possession, and such possession continues without interru…

1. If possession is over an immovable property or a real right (jus in rem) over an immovable property and is coupled with good faith and, at the same time, is based on a valid legal cause, the period required to acquire…

1. A claim concerning the establishment of an endowment and a claim of inheritance shall not be admissible against a person who has possessed an immovable property and has disposed thereof as an owner, without dispute or…

If the existence of possession at a certain previous time is established and it is currently existing, this shall constitute a presumption of its existence during the period between the two times, unless evidence to the …

No one may, by their own act and for their own benefit, change the cause of their possession or the origin upon which it is based. However, one may acquire by the lapse of time if the character of their possession change…

The rules regarding the barring of a claim by the lapse of time, insofar as they relate to the calculation, suspension, and interruption of the period, the invocation thereof before the court, waiver thereof, and agreeme…

Acquisition by lapse of time shall be suspended whenever there is a cause for suspension, irrespective of the duration thereof.

1. Acquisition by lapse of time shall be interrupted if the possessor abandons or loses possession, even by an act of a third party. 2. Acquisition by lapse of time shall not be interrupted by the loss of possession if t…

1. Whoever possesses by virtue of a valid legal cause a movable, a real right (jus in rem) over a movable, or a bearer instrument, shall become its owner if they are of good faith at the time of possession. 2. If good fa…

1. The owner of a movable or a bearer instrument may, if they lose it or it is stolen from them, recover it from a person possessing it in good faith within three (3) years from the time of the loss or theft. 2. If the l…

The possessor in good faith shall be entitled to the fruits and benefits received during their possession.

1. A possessor acting in bad faith shall be liable for all the fruits they receive and for those they have failed to receive, from the time they become acting in bad faith. 2. A possessor acting in bad faith may recover …

1. The owner to whom their property is returned shall pay the possessor all the necessary expenditures incurred to preserve the thing from perishing. 2. The provisions of Articles (1164) and (1165) of this Law shall appl…

If a person receives possession from a previous owner or possessor and proves that they have paid their predecessor the expenditures incurred thereby, they may claim them from their predecessor or from the person recover…

1. If the possessor is in good faith and has derived benefit from the thing in accordance with what they believe to be their right, they shall not be liable to the person entitled to restitution of the thing for any comp…

If the possessor is in bad faith, they shall be liable for the loss or perishing of the thing, even if due to an external cause, unless they prove that the thing would have been lost or perished even if it had remained i…

Usufruct is a real right (jus in rem) entitling the usufructuary to use and exploit a thing belonging to another, provided that it remains in its existing condition, for a specified period.

The right of usufruct shall be acquired by legal disposition, pre-emption, inheritance, or the lapse of time, in accordance with the provisions of the law.

The provisions relating to the right of usufruct over government lands shall be regulated by the relevant legislation.

The rights and obligations of the usufructuary shall be determined by the instrument creating the right of usufruct, as well as by the provisions set forth in the following Articles.

The fruits of the thing subject to usufruct shall belong to the usufructuary in proportion to the duration of their usufruct.

1. The usufructuary shall use the thing in the state in which they received it and according to the purpose for which it was intended, and shall manage it with the care of an ordinary person. 2. The owner of the thing ma…

1. The usufructuary shall, during their usufruct, bear all ordinary charges imposed on the subject to usufruct and the expenses required for its maintenance works, unless otherwise agreed. 2. Extraordinary expenses requi…

1. The usufructuary shall exercise in preserving the thing, the care of an ordinary person. 2. If the thing perishes or is destroyed without fault or negligence on the part of the usufructuary, they shall not be liable. …

1. The usufructuary shall promptly notify the owner in the following cases: a. If the thing subject to usufruct perishes, is destroyed, or sustains serious damage requiring repairs, the cost of which is to be borne by th…

1. If the property subject to the right of usufruct is a movable, it shall be described and an inventory made of it, and the usufructuary shall be obliged to provide a guarantee or security, unless otherwise agreed. If t…

The right of usufruct shall terminate in the following cases: 1. The expiry of the term specified in its instrument creating it. 2. The death of the usufructuary. 3. The destruction of the thing subject to usufruct. 4. W…

If the property subject to the right of usufruct is agricultural land and is occupied by a standing crop at the expiry of the term or upon the death of the usufructuary, the land shall remain at the disposal of the usufr…

1. If the right of usufruct ends with the perishing of the thing and compensation or an insurance amount is paid, the right of the usufructuary shall be transferred to such compensation or insurance proceeds. 2. If the p…

The waiver of the right of usufruct by the usufructuary shall not affect their obligations towards the owner of the thing under usufruct nor the rights of third parties, unless otherwise agreed.

1. A claim for the right of usufruct shall not be admissible, upon denial, if it has not been exercised for a period of fifteen (15) years. 2. If the right of usufruct is held by several co-usufructuaries, the exercise o…

Usufruct may relate to the right of use or the right of habitation, or both together.

The scope of the right of use and the right of habitation shall be determined by the needs of the holder of the right and their family, without prejudice to the provisions set out in the instrument creating the right.

The right of use or the right of habitation may not be transferred to a third party, except pursuant to an express stipulation in the instrument creating the right or on the basis of a lawful ground.

The provisions of the right of usufruct shall apply to the right of use and the right of habitation to the extent that they do not conflict with the nature of these two rights.

The provisions contained in this Part shall apply, unless special legislation provides otherwise.

Musataha is a principal real right (jus in rem) which the owner of the property grants to the Musateh (the holder of the Musataha right), entitling the latter to erect a building or to plant on the land.

The Musataha shall be concluded by virtue of a contract executed between the owner of the property and the Musateh, specifying the rights and obligations of the parties, and it shall be registered with the competent auth…

1. The right of Musataha shall be transferred by inheritance or by will. 2. The right of Musataha may be assigned or mortgaged as a security mortgage, with the approval of both parties, and after the disposition is regis…

The Musateh shall be bound by the following: 1. To use the property for the purposes specified in the contract. 2. To complete the buildings and facilities agreed upon within the specified timeframes. 3. Not to change th…

1. The term of the Musataha shall be determined by the agreement of the parties as specified in the contract. 2. If the duration of the Musataha is not specified in the contract, either party may terminate it after givin…

Without prejudice to the provisions of Article (1261) of this Law, the Musateh shall own what has been established on the land in terms of buildings or plantings, and he may dispose thereof together with the right of Mus…

1. The Musataha contract shall terminate in any of the following cases: a. The expiry of its term without renewal. b. The agreement of the parties to terminate it. c. The issuance of a court judgment terminating it. d. T…

1. The ownership of the buildings, facilities, and plantings, and all improvements made on the property with the approval of the property owner, shall revert to the owner upon the expiry of the Musataha period, unless ot…

1. An easement is a real right (jus in rem) that limits the enjoyment of a property for the benefit of another property owned by another person. 2. An easement may be created over public property if it does not conflict …

1. An easement is acquired by a legal disposition, by inheritance, or by a provision of law. 2. Apparent easements, including the right of way, watercourse, and drainage, are acquired by the passage of time, unless it is…

If the owner owns two separate properties and creates an apparent easement between them, this right shall remain if the two properties, or one of them, are transferred to another owner without any change in their conditi…

Whoever has given permission for the use of an easement over property owned thereby may revoke their permission at their discretion.

1. The restrictions imposed on the right of a property owner to build are considered easement rights over this property for the benefit of the properties for which these restrictions were imposed, unless the law or the a…

Easement rights shall be subject to the rules prescribed in their instrument of creation, to the custom prevailing in the area where the property is located, and to the provisions contained in this Part.

1. The owner of the dominant property may exercise their right of easement within the legitimate limits and may carry out what is necessary for its use and maintenance without increasing the burden of the easement, and s…

1. The expenses of the works necessary for the use and maintenance of the easement right shall be borne by the owner of the dominant property, unless otherwise agreed. 2. If the owner of the servient property is the one …

1. The owner of the servient property may not undertake any act that would diminish the use of the easement or make it more difficult, and in particular, may not change the existing situation or replace the location orig…

1. If the servient property is partitioned, the easement right shall remain appurtenant to each part thereof, provided that this does not increase the burden on the servient property. 2. If the easement right benefits on…

1. If the servient property is partitioned, the easement right shall remain appurtenant to each part thereof. 2. If the easement right is not in fact exercised or cannot be exercised on certain parts of the servient prop…

An easement right is extinguished in the following cases: 1. The expiry of the term specified for it or the extinction of its subject matter. 2. The merger of the dominant and servient properties in the ownership of a si…

The enjoyment of an easement by one of the co-owners in common interrupts the running of the time barring the hearing of a claim for the benefit of the other co-owners. Likewise, the suspension of the running of the time…

A claim for an easement right shall not be heard upon denial if a period of fifteen (15) years has elapsed since its non-exercise.

If a person has an established right of way over land owned by another, the owner thereof may not prevent them, unless their passage is merely an act of tolerance.

The owner of a property that has no access to a public road, or whose access thereto involves excessive expense or great hardship, shall have a right of way over the neighbouring land to the customary extent, in return f…

If the prevention of access to the public road is due to the partitioning of the property pursuant to a legal disposition, the right of way may only be requested over the parts of such property.

The right of water is a periodic entitlement to use water for the irrigation of land or plantings.

Every person may benefit from water resources, their branches, and watercourses of public benefit, in accordance with the applicable legislation.

1. Whoever establishes a channel or watercourse to irrigate their land, no other has the right to use it except with their permission. 2. Adjacent landowners may use the channel or watercourse for the irrigation needs of…

None of the co-owners of water resources or of a common channel may dig a branch channel therefrom except with the permission of the remaining co-owners.

If the holders of the right of water do not agree to carry out the necessary repairs to the water resources, their branches, or the common channel, they may be compelled to do so in proportion to their respective shares,…

The right of water is inherited, and its usufruct may be bequeathed. It shall not be sold, gifted, or leased except as appurtenant to the land.

1. The right of watercourse is the right of a landowner to conduct water across the land of another so that it reaches their land from its distant source. 2. If a person has an established right of watercourse, the owner…

If a person has an established right of watercourse in the property of another, and damage results therefrom, the owner of the right of watercourse shall carry out the construction and repairs necessary to remove such da…

1. Every property owner who wishes to irrigate their land from natural or artificial resources for which they have a right of disposal may obtain passage for water through the lands situated between it and their land, pr…

A property owner who suffers damage due to the installations referred to in Article (1287) of this Law may request compensation for the damage caused by such installations from those who benefited therefrom.

The right of drainage is the right to convey natural waters or to discharge unusable or surplus waters through the land of another.

1. Lower lands receive water that flows naturally from higher lands without any human intervention in its conveyance. 2. The owner of the lower land may not erect a dam to prevent this flow. 3. The owner of the higher la…

The owner of agricultural land has the right to drain unusable or surplus water by passing it through the land of another in consideration for appropriate compensation.

The owners of lands through which drainage water flows may benefit from the installations designated for the drainage of this water, provided that each of them bears the expenses of establishing, modifying, and maintaini…

No one may establish a harmful drainage channel on the property of another or on a public or private road, and the harm shall be removed even if it is longstanding.

The owners of new establishments may not discharge their drainage onto the property of another without their permission, unless they have a right to do so.

1. The owner of an immovable property shall arrange the roof of the property in such a manner that allows rainwater to flow onto their own land or onto a public road, in compliance with the special legislation. 2. The ow…

A mortgage is a contract whereby a creditor acquires, over an immovable property allocated for the payment of their debt, a right in rem, by virtue of which they have priority over ordinary creditors and creditors subseq…

A mortgage shall not be created except by registration, and the mortgagor shall bear the expenses of the contract, unless otherwise agreed.

1. The mortgagor shall be the owner of the mortgaged immovable property and have the legal capacity to dispose thereof. 2. The mortgagor may be the debtor themselves or an in-rem surety who provides a mortgage for the be…

The property belonging to another may not be mortgaged unless authorized by the true owner by a notarized instrument.

With due regard to the provisions of the Personal Status Law: 1. A father may mortgage his own property in favor of his minor child. In the absence of the father, the paternal grandfather may mortgage his own property in…