UAE Commercial Transactions Law — articles 301–400

1. The carrier may withhold the item carried in satisfaction of the freight, expenses and other sums payable thereto. 2. The carrier shall have a lien over the price collected from the enforcement against the items carri…

1. From the moment the carrier receives the item to be carried, the same shall be held accountable for its destruction, in whole or in part, damage and delayed delivery thereof. 2. An item shall be deemed totally perishe…

The carrier shall not be liable for destruction or impairment of the item carried after being delivered to the consignee, the agreed-upon customs point or the trustee appointed by the court for safekeeping of the item, e…

1. The carrier shall not be held accountable for any loss in weight or volume that usually occurs to the item during the carriage process due to its nature, unless it is proved that such a loss has resulted from any othe…

Where the item is carried in the custody of the consignor or consignee, the carrier shall not be liable for its destruction or damage, unless fraud or gross fault is proved on the part of the carrier or its subordinates.

The carrier may not deny its liability for the destruction, damage, or delayed delivery, of the item carried, save where the same proves a force majeure event, a defect inherent to the item carried, a fault committed by …

1. Any condition relieving the carrier from liability for total or partial destruction or damage of the item carried shall be null and void. Moreover, any condition relieving the carrier of such liability if arising from…

1. The carrier may require that its liability for the total or partial destruction or damage of the item be limited; provided that the liquidated damages are not fictitious, and the same shall be subject to the court's d…

The condition for limitation of, or relief from liability for delayed handover shall be established in writing, otherwise, it shall be deemed null and void. Where the carriage contract is executed on printed forms, the s…

The carrier may not invoke the condition of liability limitation or relief for delayed delivery where fraud or gross fault is proved on its part or on the part of its subordinates.

1. Where the item carried is perished or damaged and its value is not indicated in the bill of lading, the indemnity shall be determined on the basis of its real value at the venue and time of arrival, unless otherwise s…

1. No indemnity shall be concurrently claimed for both total loss and delayed delivery of the item carried. 2. The indemnity for total destruction loss shall include the value of the item perished and any loss sustained …

Where the item is partially damaged or perished or its delivery is delayed, so that it no longer becomes valid for the purpose of its use, and the carrier's liability for such damage, destruction or delayed delivery is e…

1. Where indemnity is paid due to the item destruction, but then the underlying item is found within one year following such payment, the carrier shall forthwith notify the indemnity-receiving person of the same and ask …

1. Receipt of the items carried and payment by the consignee of the freight shall invalidate any legal proceedings against the carrier if the defect that had occurred therein is apparent. However, where such defect is no…

1. Where several carriers successively perform a single carriage contract, the first carrier shall be liable towards the consignor and consignee for the whole carriage operation, and any provision to the contrary shall b…

Each of the consecutive carriers may require that the item carried be examined and its condition be established upon delivery thereof to it by the preceding carrier. Where the carrier receives such an item without making…

The last carrier shall be liable towards the preceding ones for claiming payment from the consignee of the sums due because of the carriage, and it may collect such sums on their behalf and take all legal measures for co…

In case of denial and lack of lawful excuse, the following legal proceedings shall be barred: 1. Legal proceedings instituted against the carrier on the grounds of delayed delivery, destruction or damage arising from a c…

Any person or subordinate of a person having committed an act of fraud or gross fault may not invoke the limitation period of legal proceedings set forth in Article (319) above.

1. The passenger shall pay the transport fare at the agreed time, at the time stated in the transport regulations or, failing either, at the time prescribed by custom. The passenger shall follow the carrier's instruction…

1. Where a force majeure event prevents the commencement of carriage or where, before execution of carriage, circumstances occur rendering such carriage a threat to lives, the carrier shall not pay any indemnity on the g…

Where carriage is not possible because of death or illness of the passenger or due to any other compelling impediments, the carriage contract shall be terminated and the fare shall not be payable.

1. Where the passenger decides against travelling before its commencement, he shall notify the carrier of his decision before the date set for execution of the carriage. In case of extreme necessity, such notification ma…

Where the passenger refrains from continuing the trip after commencement thereof, the full fare shall be payable, unless his refrainment is attributed to extreme necessity, in which case, he shall pay only the fare corre…

Without prejudice to the provisions of Articles (324) and (325) hereof, where the passenger fails to attend on the time scheduled for carriage, he shall pay the full fare and he may, whether he paid the full fare before …

1. Where carriage is cancelled prior to the commencement or completion thereof for a reason attributable to the carrier or its subordinates or the means of carriage used by it, the passenger shall not be required to pay …

The passenger may, before commencement of execution, relinquish the carriage ticket, unless it is issued in the passenger's name or delivered to him based on special considerations.

1. The carrier shall prepare for the passenger a seat in the agreed-upon class, and the latter may recover from the carrier the difference in case he is compelled to travel in a lower class than the one indicated on his …

1. The carrier may withhold the passenger's luggage in satisfaction of the fare and the price of food or other items served to him during the performance of the carriage contract. 2. The carrier shall have lien over the …

1. The carrier shall carry the passenger and his luggage to the destination place on the date agreed upon, and if no date is specified, then within the time limit required by an ordinary carrier under the same circumstan…

1. The carrier shall be liable for the safety of the passenger during the performance of the carriage contract, and any agreement relieving the carrier from such liability shall be null and void. 2. The performance of a …

1. The carrier shall be liable for the delayed arrival and for such bodily or non-bodily injuries sustained by the passenger during the performance of the carriage contract. 2. The liability set out in Clause (1) shall o…

1. Any condition that relieves the carrier, in full or in part, from liability with regard to bodily injuries sustained by the passenger shall be null and void. 2. Any condition which aims to make the passenger, in any w…

1. The carrier may stipulate a condition relieving itself from the liability, in full or in part, arising from the delay of the passenger and non-bodily injuries that may be sustained by the latter in the course of carri…

1. Passengers shall watch over their own luggage and animals permitted to be carried with them. The carrier shall not be liable for any loss or damage which may be sustained by the same, save where the passenger proves t…

1. Where a passenger dies or falls ill in the course of performance of the carriage contract, the carrier shall take such measures as deemed necessary to safekeep its luggage until they are delivered to the persons conce…

Heirs and dependents of a passenger may, in execution of a maintenance obligation, institute an action for liability arising from the carriage contract in case of the passenger's death, regardless of whether the death oc…

The carrier's liability for a passenger's death or bodily injury shall be limited to the blood money amount for manslaughter, pursuant to the statutes in force in the State. However, such amount may be agreed to be speci…

1. The liability claim arising from the passenger's death or bodily injury shall not be heard after (3) three years following the day of death, injury or the date when the reason for the same becomes known. 2. Any other …

1. A transport commission agency is a contract under which the agent undertakes, in return for a commission paid by the principal, to conclude a transport contract in the agent's own name and for the principal's account …

Notwithstanding the provisions set forth in this Chapter, the provisions of commission agency shall apply to the commission agency for carriage.

The principal may, at any time, cancel the order for carriage before the commission agent enters into the carriage contract. In such case, the principal shall refund to the commission agent the expenses incurred by him a…

1. The commission agent for carriage shall implement his principal's instructions, particularly those instructions related to the date of carriage, the selection of the carrier and the carriage means and the route to be …

The commission agent for carriage shall be liable for the safety of passengers or the items carried, and any agreement to the contrary shall be null and void.

1. The commission agent shall be held accountable for the destruction of the item carried, in full or in part, any damage suffered thereby or the delayed delivery of such goods. The commission agent may not deny such lia…

1. Any condition relieving the commission agent for carriage, in whole or in part, from liability for bodily injuries suffered by the passenger shall be null and void. 2. Any condition which imposes on the passenger, in …

1. The commission agent for carriage may stipulate that it be relieved, wholly or partially, from the liability arising from the destruction of, damage to, or delayed delivery of the goods carried, as well as from the li…

1. The principal and passenger shall each have direct recourse against the carrier to claim the rights arising from the carriage contract. The carrier shall also have direct recourse against each of the principal and pas…

Where the commission agent pays the fare/freight to the carrier, he shall subrogate the latter in respect of its rights.

The original commission agent shall be liable for the commission agent in respect of the carriage assigned by the former, unless the consignor has appointed the commission agent under the agreement concluded with the ori…

The provisions of Articles (319), (320) and (340) above shall apply to the inadmissibility of the cases arising from commission agency contract for carriage.

1. For the purposes of this Law, air transport means the transport of persons, luggage and cargo by aircraft in return for remuneration. 2. Luggage referred to in Clause 1 means items that the passenger may carry on the …

Without prejudice to the international conventions to which the State is a party, the provisions of this Part shall apply to air carriage, subject to the specific provisions stipulated in the following Articles.

An air carrier shall be held liable for such damage sustained as a result of a passenger's death, wounding or bodily injury occurring during air carriage or during any of the operations of the passenger's boarding or dis…

1. An air carrier shall be held liable for such damage sustained due to the destruction, loss or damaging of the registered luggage and goods if the incident which caused the damage occurred during the air carriage. 2. A…

An air carrier shall be held liable for damage caused by the delayed arrival of passengers or the registered luggage or goods.

An air carrier shall not be liable for small personal items which are retained in the custody of passengers during the flights. The air carrier may not be held accountable for the same unless the passenger proves that th…

1. In case of passenger carriage, the compensation ordered by the court against the carrier where the passenger dies or is injured shall not be less than the amount of the prescribed blood money pursuant to the statutes …

An air carrier shall be held liable within the limits set forth in Article (359) above, regardless the capacity of the litigants in the civil liability action.

1. Where an action for compensation is brought against any of the carrier's subordinates, he may invoke the limitation of liability set forth in Article (359) where it is proved that the act which has caused the damage w…

1. The airway bill shall contain a statement that the carriage is taking place in accordance with the liability limitation provisions set out in Article (359) above, otherwise, the carrier or its subordinates may not inv…

The consignee's receipt of the luggage or goods at the place of arrival without having any reservation shall constitute a presumption that he has received them in a good condition and in conformity with the conditions of…

1. Where the luggage or goods arrive damaged, the consignee shall serve a notice to the carrier immediately upon detection of the damage, not later than (7) seven business days with regard to luggage, and (14) fourteen b…

1. Where the carriage is made free of charge, the air carrier shall assume no liability, unless it is proved that the carrier or its subordinates have committed a fault, in which case, the carrier shall be held accountab…

An aircraft pilot may impose compulsory measures on all persons on board, and may decide to remove any person or items whose presence on board the aircraft might constitute a threat to its safety or prejudice to the orde…

An air carrier shall be relieved from liability if it proves that the entire damage is caused by the fault of the injured person. The carrier's liability may be reduced by the court where it is proved that the fault of t…

The plaintiff shall have an option to institute his case before one of the following courts: 1. The court within its jurisdiction the carrier's domicile is located; 2. The court within its jurisdiction the head office of…

In case of consecutive carriage performed by several successive carriers, each carrier shall be deemed a party to the carriage contract with regard to the period performed by it. However, the carrier having entered into …

The right to bring an action for liability against the air carrier or any of its subordinates shall not be heard after the lapse of two years following the day on which the airplane arrives or was supposed to have arrive…

1. A bank cash deposit is a contract under which a person delivers an amount of money, by any means of payment, to a bank that undertakes to return it on demand or in accordance with the agreed conditions. 2. The bank ac…

1. Save where otherwise agreed upon, the money deposit shall be refunded immediately upon request. The depositor may at any time dispose of the balance or any part thereof. 2. The said right may be conditional upon a pri…

Save where the deposit is intended for investment, a cash deposit shall be considered a debt and an offset may be conducted between it and a debt owed by the depositor to the bank, and any agreement to the contrary shall…

Where the bank issues a saving deposit book, it shall be issued in the name of the person in whose favor the book is issued, and deposits and withdrawals shall be entered therein. The particulars entered in such book, wh…

Unless otherwise agreed upon, deposits and withdrawals shall be conducted in any branch of the bank, or according to the methods and means approved by the bank with respect to opening accounts via modern means of technol…

Where the depositor has several accounts in one bank or in the same branch of a bank, each account shall be deemed separate from the other(s), unless otherwise agreed.

Subject to the provisions of Article (391) hereof, a deposit contract shall not entitle the depositor to withdraw amounts from the bank exceeding the sums deposited therein. Where the bank carries out transactions which …

The bank shall send to the customer a statement of account once every month, unless otherwise agreed upon.

The bank may open a joint account, including a deposit account or any other account, between two or more persons with equal shares among them, unless otherwise agreed and recorded with the bank, subject to the following …

1. A bank transfer is an operation under which, on the transferor customer's written request, the bank debits a specified amount from the transferor's account and credits the same amount to another account. 2. The operat…

Where the bank transfer is conducted between two branches of the same bank or between two different banks, every objection by third parties to this transfer shall be addressed to the branch or the bank where the benefici…

The transfer order may be conducted in respect of sums which are actually entered in the account of the person ordering the transfer, or in respect of sums which may be entered in such account within a specified period a…

It may be agreed that the beneficiary may present the transfer order in person to the bank where the account of the person ordering the transfer is opened, rather than informing the bank of the same by the ordering perso…

1. The beneficiary shall own the bank transfer value as of the time of being entered in the debit side of the account of the person ordering the transfer; and the latter may countermand the transfer order until the foreg…

The debt in settlement of which the transfer is made shall remain outstanding with its securities and supplements until the value has been actually entered in the credit side of the beneficiary's account.

It may be agreed to postpone the execution of specified transfer orders, whether they are sent directly by the person ordering the transfer or presented by the beneficiary, until the end of the day in order to have them …

1. Where the transfer order is addressed directly by the person making the order to the bank, the latter may, where the balance of such person is less than the value indicated in the transfer order, refuse to execute the…

In case of death of the person ordering the transfer, the bank shall, as of the date on which the death comes to the knowledge of the bank, cease execution of the transfer orders issued by him. Where the beneficiary dies…

1. Where the beneficiary is declared bankrupt, the person making the order may suspend the execution of the transfer order, even if the beneficiary has received it in person. 2. The declaration of bankruptcy by the perso…

A current account is a contract between two persons under which the rights and debts arising from their mutual relationship are converted into entries to be made in the account for which clearance shall be conducted, so …

1. A bank may open a current account for its customer where the transactions carried out by said bank are coupled with opening a credit or a credit facility in his favor. 2. It may be agreed that the account shall not be…

In order for the payments to be entered in a current account, they must: 1. Be in cash or fungible items of one kind, so that clearance may be conducted between them; 2. Have arisen from debts that are actually existing …

The two parties may keep several current accounts, as long as each account is restricted to one specific kind of transactions or currencies.

A contract of current account shall result in the following: 1. The ownership of cash and funds delivered and entered in the current account shall be transferred to the party who received them. 2. The entry of a commerci…

1. All debts arising from business relations, as are conducted between both parties to the current account, shall by the operation of the law be entered in said account, save where such debts are secured by legal or cont…

1. Where it has been agreed to enter a debt secured by a contractual security in the current account, such security shall pass to guarantee the balance of the account on closure by the amount of the debt, without regard …

Where the debts due to either party are entered in the current account, they shall lose their special characteristics and independent existence and shall neither, thereafter, be susceptible to settlement separately, nor …

1. Where the entries of a current account contain cash debts evaluated in various currencies or non-fungible items, both parties may agree to have them entered in the current account; provided that they are entered under…

1. Payments made by the customer into the current account shall bear no interests, unless otherwise agreed upon. The interest shall be calculated at the rate agreed upon. Where the rate of interest has not been fixed in …

1. Where a time limit has been fixed for the closure of the account, it shall be closed on the expiry of said limit; however, it may be closed before the expiry of such time limit by mutual agreement of both parties. 2. …