You may be exposed to a situation in which your own right is violated, and you may be entitled to compensation for damage in UAE law, as it is designed to compensate for damages resulting from the occurrence of error or breach of obligations or agreements agreed upon or contractual and non-contractual obligations.
Many people have various questions about tort compensation in UAE law, its types, conditions, and the legal procedures that must be taken, and we are the MR Ahmed Humid Al Balooshi Law Firm – AHA LEGAL OFFICE. We will clarify all these details in this article … Click and contact us now for any legal inquiries!
What is the meaning of damage compensation in UAE law?
Tort claims are considered one of the most common and common legal claims and are one of the civil claims stipulated in the UAE Civil Transactions Law. The legal basis for tort claims is based on contractual liability between two parties or civil tort liability.
In the case of contractual liability, compensation for damage results from the failure of one party to fulfill its obligations stipulated in the contract and its infringement on the other party, while the damage that results from negligence in civil tort liability comes through the error committed by one person and causes damage to others.
Article 282 of the UAE Civil Transactions Law stipulates that any damage caused to a third party, even if the perpetrator is not distinguished, is obligated to guarantee the damage, and the damage is caused by direct action or by causing the damage!
What are the types of damage compensation in UAE law?
UAE law has been strict on the subject of compensation for damage so that the owner of the right does not have the right to make illegal gains from the violation of his own right through the occurrence of damage, so there are types of compensation for damage and conditions for the entitlement to such compensation, and the following are the types of compensation for damage
– Compensation for material damage:
The injured party is compensated for the damage to his money, real estate, projects and material belongings, or physical harm such as wounding, fracture or others.
– Compensation for moral damage:
Compensation is based on the psychological harm inflicted on the injured party as a result of a fault or negligence against him, whether the harm is through a criminal offense or as a result of a breach of any contractual obligation and any concluded agreements.
What are the conditions for compensation for damage in the UAE?
As mentioned earlier, compensation for damage in the UAE law was strict because it seeks to fulfill the right for each party, without harm or damage, so the conditions for compensation for damage were clear and strict, and the following are the most prominent conditions necessary to compensate for material and moral damage according to the UAE Civil Transactions Law.
First: The act must occur from the third party, and this act or behavior leads to damage to the other party, taking into account that the damage may occur as a result of behavior and action or refraining from taking an act and behavior that is obligatory towards the victim.
Secondly: The damage must occur to the person who filed a claim for compensation and the material and moral damage must be compensated.
Third: Proving the causal relationship between the act committed by the person at fault and the damage received by the plaintiff.
Fifth: The damage must not have been inflicted on the plaintiff as a result of a foreign cause over which the actor had no control, such as force majeure, sudden accident, or celestial blight.
Sixth: The damage should not occur as a result of the act of a third party or the act of the injured person against himself.
Seventh: The lawsuit must be filed within the permitted legal period, as the claim for compensation arising from the harmful act is not taken after three years, and the claim for compensation for damage is not heard after three years and twelve years for the rest of the rights.
We at MR Ahmed Humid Al Balooshi Law Firm – AHA LEGAL OFFICE are fully prepared to start your tort case in the UAE, and in case you have any inquiries or legal questions, do not hesitate to contact us now… Click and contact us now for any legal inquiries!
