UAE Civil Transactions Law — articles 701–800

If the leased property is delivered in a condition that renders it unfit for the enjoyment for which it was leased, or if such enjoyment is substantially diminished, the lessee may request the rescission of the contract …

The lessor may refrain from delivering the leased property until the advance rent is paid.

1. If a lease is concluded for a lump-sum rent and the number of units of the leased property is stated without specifying the rent for each unit, and the units are found to be more or fewer, the rent shall be the amount…

The provisions governing the obligation to deliver the sold property shall apply to the obligation to deliver the leased property and its appurtenances, unless otherwise agreed.

Article (705) 1. The lessor shall be obligated to maintain the leased property so that it remains in a condition fit for the intended usufruct and shall, during the lease term, carry out all necessary repairs in accordan…

1. If the leased property perishes completely during the lease, the contract shall be rescinded ipso facto. 2. If the leased property perishes partially or becomes unfit for the usufruct for which it was leased, or if su…

1. The lessee may not prevent the lessor from carrying out repairs that are necessary for the preservation of the leased property, but if such repairs cause a total or partial impairment of the enjoyment of the property,…

1. The lessor shall be obligated to refrain from any act that would prevent the lessee from enjoying the leased property, and may not make any change to the property or its appurtenances that would impair such enjoyment.…

1. If the lessee, with the lessor's permission, carries out constructions or repairs for the benefit or maintenance of the leased property, they shall have recourse against the lessor for what they spent within the custo…

1. If a third party claims a right that conflicts with the rights of the lessee under the lease contract, the lessee shall promptly notify the lessor thereof and may request to be removed from the lawsuit, in which case …

1. If there are multiple lessees for a single property, preference shall be given to the one who first took possession of it without fraud or collusion, unless one of the lessees' contracts has a fixed date and was concl…

If an act is issued by the competent authorities that prevents the lessee's enjoyment of the leased property wholly or partially in a manner that affects the intended usufruct, the lessee may request the rescission of th…

1. The lessor does not warrant the lessee against material disturbance if it originates from a third party, as long as the disturber does not claim a right, and the lessee may bring, in their own name, a claim for compen…

1. The lessor warrants the lessee against any defects in the leased property that prevent or substantially diminish its enjoyment, and does not warrant defects that are customarily tolerated. 2. If a defect results in de…

Any agreement providing for exemption or limitation of the warranty against disturbance or defects is void if the lessor has fraudulently concealed the cause of such warranty.

1. The leased property is a trust held by the lessee, who shall be liable for any deficiency, damage, or loss resulting from a cause attributable thereto, and they shall preserve it with the care of an ordinary person. 2…

The lessee is obligated to use the leased property in the manner agreed upon; if there is no agreement, the lessee is obligated to use the property according to the purpose for which it was prepared.

1. The lessee may not make any change to the leased property without the lessor's permission, unless it is necessary for its repair and does not cause harm to it. 2. If the lessee exceeds this prohibition, they shall be …

1. The lessee is obligated to carry out minor repairs customarily required, unless otherwise agreed. 2. The lessee is obligated during the lease term to clean the leased property and remove any accumulated dust or waste,…

The lessee shall refrain from any act that leads to the destruction or alteration of the leased property or the placement of machines or equipment that harm it or diminish its value. Should the Lessee fail to so refrain,…

The lessee shall promptly notify the lessor of any matter that requires their intervention, such as if the property needs urgent repairs, a defect is discovered, an usurpation occurs, or a third party commits a disturban…

The lessee shall pay the rent at the agreed times. If there is no agreement, the rent shall be paid at the times determined by custom.

1. The lessor shall, as security for any right arising under the lease contract, have the right to retain the attachable movables that are present in the leased property, as long as they are encumbered by the statutory p…

1. The lessee shall return the leased property upon the expiry of the lease. If they retain it under their possession without right, they shall be obligated to pay the lessor the rent of the like (ujrat al-mithl) for the…

1. If the lessee introduces to the leased property any construction, planting, or other improvements that increase its value, with the lessor's consent, the lessor shall be obligated to reimburse the lessee, upon the exp…

If the lessor requests a specific increase in the specified rent from the lessee after the expiry of the lease term, the lessee shall be deemed to have accepted the increase if the term expires and they remain in possess…

If the lessee assigns the contract with the lessor's consent, the new lessee shall replace the original lessee in all rights and obligations arising under the original contract.

If the lease pertains to a property in which a factory or a shop has been established, and necessity requires the lessee to sell this factory or shop, the court may order the continuation of the lease if the purchaser pr…

1. The lessee may not assign the lease contract or sublease the leased property, whether in whole or in part, except with the written consent of the lessor. The lessor's subsequent consent to the assignment of the lease …

The lease contract shall terminate upon the expiration of the period specified in the contract without the need for a notice to vacate, unless the law or the agreement provides otherwise.

1. If the lease contract expires and the lessee continues to enjoy the leased property with the lessor's knowledge and without their objection, the lease shall be deemed to have been renewed under its original terms for …

1. If the lessor notifies the lessee of eviction, and the lessee nevertheless continues to benefit from the leased property after the expiration of the lease contract, renewal of the lease shall not be presumed unless pr…

1. A lease shall not terminate upon the death of the lessor, nor upon the death of the lessee. 2. If the lessee dies, their heirs may request the termination of the contract if they prove that, due to the death of their …

If the lease was concluded only due to the lessee's profession or for other reasons related to their personal qualifications and they then die, their heirs or the lessor may request the termination of the contract.

1. The insolvency or bankruptcy of the lessee shall not cause rent that is not yet due to become payable. 2. If the lessee becomes insolvent or bankrupt, the lessor may request the rescission of the lease contract if ade…

1. If the ownership of the leased property is transferred to a particular successor, the lease shall not be effective against them, unless it is proven that they were aware of it, or that it had a fixed date prior to the…

1. If the leased property is sold without the permission of the lessee, the sale is effective between the seller and the purchaser, but this does not affect the rights of the lessee. 2. If the lessee authorizes or approv…

1. Either of the contracting parties may, for a supervening excuse relating thereto, request the termination of the lease contract, in which case they shall be liable for any damage arising from such termination to the o…

A lease contract shall be rescinded if the lessee uses the leased property in a manner that violates public order or public morals.

1. Agricultural land may be leased, with a statement of what is to be cultivated therein, or by granting the lessee the option to cultivate whatever they wish. 2. A person who leases land to cultivate whatever they wish …

It is not permissible to lease land occupied by immature crops to another party if it was lawfully planted, unless the lessee is the owner of the crops.

A lease of land occupied by crops is permissible, and its owner shall be required to uproot and deliver it to the lessee in the following cases: 1. If it was lawfully planted and the crops are mature at the time of the l…

A lease of land occupied by crops is permissible as a deferred lease to a time when the land becomes vacant.

1. If a person leases land for agriculture purposes, the lease shall include the land and its appurtenances and accessories. 2. The lease of agricultural land shall not include livestock, tools, and agricultural machiner…

If the term of the lease of land expires before the crops have matured for a reason not attributable to the lessee, the contract shall be extended for a rent equivalent to the like until the crops mature and are harveste…

The lessee shall exploit the agricultural land in accordance with the requirements of customary exploitation, and shall work to keep the land productive, and may not change the method of its use in a way the effect of wh…

The lessor shall undertake the repairs upon which the realization of the intended benefit depends, and the lessee shall undertake the repairs required by the customary use of the land and the maintenance of irrigation eq…

If the leased land is overcome by water to the extent that its cultivation becomes impossible, or if water is cut off therefrom and its irrigation becomes impossible or excessively costly, or if force majeure prevents it…

1. If the crops perish before harvesting due to force majeure, the lessee shall be entitled to request remission of the rent. 2. If part of the crops perishes due to force majeure and such loss results in a substantial r…

1. Sharecropping is a contract under which agricultural land is exploited jointly between the provider of the land and another party who undertakes its cultivation, on the basis that the produce shall be shared between t…

In sharecropping, the cultivation period shall be specified; if it is not specified, the period shall be one agricultural cycle.

For the validity of a sharecropping contract, the following shall be required: 1. The land shall be known, defined, and suitable for cultivation. 2. The type of crop and the genus of the seed shall be specified, or the o…

1. It is not permissible for the share of one of the contracting parties to be a specified quantity of the produce, or the produce of a specific part of the land, or anything other than the agricultural yields. 2. The yi…

The farmer may not substitute another in their place in the sharecropping contract, nor associate another with them therein, except with the consent of the landowner. If they breach this obligation, the landowner may res…

1. The farmer shall bear the expenses of cultivation and preservation of the crop until its harvest, and shall be responsible for the maintenance of tools and the customary repairs to buildings, unless otherwise agreed. …

1. A sharecropping contract shall not include the machinery, agricultural tools, and livestock present on the land at the time of contracting, unless it is so agreed. 2. If the farmer (sharecropper) takes delivery of the…

1. The farmer shall exercise in cultivation and in the preservation of the crop the care they exercise in managing their own property, and they shall be liable for any damage that befalls the land during the period of us…

1. The land provider shall deliver it fit for cultivation, with its appurtenances and accessories and what is designated for its exploitation, provided that such item is permanently affixed thereto. 2. The land provider …

1. If the sharecropping land is subject to an entitlement after it has been planted and before the crops are harvested, and both contracting parties were acting in good faith and unaware of the cause of the entitlement, …

A sharecropping contract shall not terminate upon the death of the landowner, but shall terminate upon the death of the farmer.

1. If the sharecropping contract terminates before the end of its term, the farmer or their heirs shall be reimbursed for what they spent on the crops that have not yet been harvested, along with fair compensation for th…

1. If the sharecropping contract is rescinded, or is found to be void, or is annulled, all the produce shall belong to the owner of the seed. If the owner of the seed is the landowner, the farmer (sharecropper) shall be …

Musaqah is a contract between a laborer and an owner of trees or plants, whereby the laborer undertakes to tend to the trees or plants for a specific period in return for a shared portion of the yield.

For a Musaqah contract to be valid, it is required that the share of each of the two contracting parties in the yield be determined as an undivided proportional share.

1. If the term for the Musaqah is not specified in the contract, it shall extend to the first yield obtained in the first agricultural cycle, unless custom provides otherwise. 2. If a term is specified in the contract du…

Article (766) The following provisions shall apply to the works and expenses required for the Musaqah, unless otherwise agreed: 1. The works required for tending to the trees, growing and enhancing the yield, and preserv…

The Musaqi may not substitute another in the Musaqah to another without the permission of the owner of the trees or crops. If they do so, the owner of the trees or crops shall have the option to either take all the yield…

If the trees, fruit, or crops are subject to an entitlement, and the contracting parties in the Musaqah or one of them had expended or performed work that had an effect on the growth of the trees, fruit, or crops, the fo…

1. The Musaqah shall not extinct upon the death of the owner of the trees or crops, and their heirs may not prevent the Musaqi from continuing the performance their work in accordance with the contract. 2. If the Musaqi …

The owner of the trees or crops may rescind the contract if the Musaqi become unable to perform the work or is proven to be untrustworthy in relation to the fruits, and the Musaqi shall be entitled to a wage of the like …

If the Musaqi fails to perform the work stipulated in the contract or customarily, required, their share in the yield shall be reduced in proportion to the extent of their failure to perform the work.

The provisions of a sharecropping contract shall apply to a Musaqah contract in matters not expressly provided for in the preceding texts.

Mugharasah is a contract whereby the owner of agricultural land agrees with another to deliver the land to them in order to reclaim it, plant it, cultivate the seedlings, care for them, and establish the necessary means …

For a Mugharasah contract to be valid, the following conditions shall be required: 1. The Mugharasah shall be in respect of permanent trees, not for crops planted annually. 2. The type of trees to be planted in the land …

1. If the Mugharasah terminates without achieving its intended purpose, the owner of the land shall pay the planter compensation taking into account the value of the seedlings and a remuneration of the like. 2. The owner…

The provisions of the Musaqah shall apply to the Mugharasah insofar as they do not conflict with its nature.

The person who undertakes the administration of the endowment (Waqf) shall have the authority to lease it and collect the rent.

The administrator (Mutawalli) of the endowment may not lease the endowment property to themselves or lease it to their ascendants or descendants, even for a rent of the like, except with the permission of the court.

The beneficiary of a endowment may not lease it nor collect its rent, even if the entitlement is exclusively theirs, unless they are the administrator appointed by the founder (Waqif), or are authorized by the person ves…

1. The condition stipulated by the founder shall be observed in the lease of the endowment; if a lease term is specified, it may not be violated. 2. If it is not possible to find a person willing to lease the endowment f…

1. If the founder has not specified the term, immovable property shall be leased for a term of one year and lands for a maximum term of three (3) years, unless the interest of the endowment requires otherwise and permiss…

1. The lease of an endowment for less than fair rent is not permissible, and the lessee shall be obligated to complete the fair rent and pay the shortfall for the past period of the contract, and they shall have the opti…

If an improvement occurs in the location of the endowment property in itself, and this leads to a gross increase in the rent, and such increase is not attributable to what the lessee has spent or to any repair or develop…

1. If the lease term expires and the lessee has built or planted on the endowment property at their own expense with the permission of the person having authority to lease, they shall have priority over others for a futu…

If the lease term expires and the lessee had built or planted on the endowment property at their own expense without permission, they shall be ordered to demolish what they built and uproot what they planted if there is …

In matters requiring the court's permission, the opinion of the authority competent for endowment affairs shall be obtained regarding what is in the interest of the endowment before such permission is issued.

The provisions of the lease contract shall apply to the lease of an endowment, insofar as they do not conflict with the preceding provisions.

A loan for use is the granting of the usufruct of a thing to another without consideration for a specific period or for a specific purpose, to be returned after use. The loaned thing is whose usufruct is granted.

A loan for use is effected by taking possession of the loaned thing, and it has no effect prior to such possession.

It is a condition for the loaned thing to be specific and fit for use while its corpus remains.

If the term of the loan for use is restricted by time or work, the lender may not recover the loaned thing from the borrower before the expiration of its term. If it is not restricted by time or work, the lender may not …

It is a condition for the borrower to be legally competent to receive a gratuitous benefit in respect of the loaned thing.

The loaned thing is a trust held by the borrower. If it is destroyed or its value is diminished for a reason not attributable to them, they shall not be liable, unless agreed otherwise.

It is not permissible for either of the spouses to lend a thing belonging to the other that is not customarily under their possession without their permission. If they do so and the loaned thing is destroyed or damaged, …

1. It is not permissible for anyone to lend for use a thing whose ownership and usufruct they do not own without the permission of its owner. If they do so, the owner has the right to: a. Hold the lender and the borrower…

1. If the borrower is compelled to incur expenses to preserve the loaned thing from damage or perishing during the loan for use, the lender shall be obligated to reimburse the borrower for the expenses incurred. 2. The l…

If any defect arises from the use of the loaned thing that results in a diminution in its value, the borrower shall not be liable for the value of that diminution unless it is due to use contrary to the customary practic…

If a person borrows land to build or plant thereon for a period limited by stipulation or by custom, the lender shall, upon the expiration of this period, have the option to either require the borrower to demolish the bu…

The lender shall not be entitled to claim rent from the borrower for the loaned thing after the use.

1. If the loaned thing becomes subject to entitlement while in the possession of the borrower, the lender shall not be liable, unless otherwise agreed or unless the lender intentionally concealed the cause of the entitle…