When considering divorce, paternity, custody, alimony, vision and inheritance cases
3 requirements for the application of a foreign law in personal status issues
Wajih Amin Abdulaziz: The Emirati legislator has adopted the principle of regional personal status law.
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Many nationalities live on the land of the Emirates, as it is a main destination and a desirable destination for those coming from all over the world for the purpose of work and residence, and in light of the unique diversity that characterizes it, the personal status courts consider many cases related to the subjects of these different countries, such as divorce, parentage, and custody cases, Alimony, vision, inheritance, and wills. Emirates Today has received several questions about the cases in which a foreign person may adhere to the application of his country's law in personal status claims and the restrictions that determine this.
A first legal advisor, Wajih Amin Abdulaziz, told Al-Emarat Al-Youm that the UAE law has set three basic requirements for the application of the law of the state of both parties to litigation: First, the union of their nationalities, that is, that the parties to the dispute belong to one country, and that this is requested before a court of first degree, and not to establish A new lawsuit to request the application of foreign law in a case previously adjudicated.
In detail, Abdulaziz stated that the Emirati legislator has adopted the principle of territoriality of the Personal Status Law, meaning that it applies and is compatible with citizens, as well as foreigners residing in the country, unless one of them adheres to the application of his country's law according to Article 1, Paragraph 2 of Federal Personal Status Law No. (28) for the year 2005, which states that "its provisions apply to non-citizens unless one of them insists on implementing his country's law."
He added that by referring to the applications of the aforementioned article and what was stated in its explanatory memorandum, we find that the UAE Personal Status Law permits non-citizens to adhere to the application of the law of their country in matters related to personal status, taking into account the peremptory Islamic Sharia provisions, public order and public morals in the country, indicating that the student must prove the law The foreigner who is required to apply it and submit it to the trial court, given that the foreign law is nothing more than a mere material fact that the person who is holding it must establish evidence for in order to be referred to.
Abdulaziz emphasized that the law required to be applied must be duly certified by the competent official authorities with legal translation into Arabic as the language of the courts if the foreign law was written in a language other than Arabic.
He explained that the Emirati legislator has set specific requirements for the application of foreign law in personal status cases, most notably the union of the nationalities of the parties to the litigation, as in the event of differences or multiplicity of nationalities, the state law applies in accordance with the provisions of Article (24) of the Civil Transactions Law.
It also required the opponent who wishes to adhere to the application of the law of his country to request this before a court of first instance, so this defense and adherence to it may not be raised for the first time in the subsequent degrees of litigation, whether the court of appeal or cassation, and no opponent in personal status cases may file a lawsuit New lawsuits demanding the application of his country's law in an old case in which a court ruling was previously issued, as long as he was able to adhere to the application of his foreign law in the first case, in consideration of the stability of legal conditions.
UAE law allows non-citizens to adhere to the application of their country's law in "personal status".
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