A woman sues her ex-wife to get her trade license profits

A Gulf woman filed a civil lawsuit before the courts of Ras al-Khaimah, against her divorced woman of the same nationality, to calculate her profits and her share in the commercial license that existed between them before the divorce, but a total civil court ruled that she was not competent to hear the case, and referred it to the Personal Status Court, because the plaintiff was Wife of the defendant, and that the trade license management was in relation to the existing marital relationship between them.

In detail, the plaintiff filed a lawsuit in which she explained that she was the wife of the defendant, and she possessed a commercial license, and that she had assigned the defendant to manage the commercial activity to be responsible for her, and he was entered as a partner at a rate of 50% as he did not pay any amounts for that partnership, and it was not listed. Officially named partner of the license.

She explained that after the occurrence of the divorce and with the desire to know her share of the profits, she asked the defendant to provide a statement of account for the period in which he worked as a manager and responsible for the commercial activity until the date of the case, and she demanded a statement of the capital of the license that was not paid by him at the time the partnership was concluded and the accounts settled between them. And obligating him to pay fees, expenses and attorneys' fees.

The court decided to delegate an expert to review the documents of the commercial license for the case, as a report concluded that, he is unable to carry out the task because there are no organized books and no audit papers to rely on in commercial activity, in addition to the absence of a contract of incorporation for the license as the commercial license is a government grant, where the plaintiff submitted A memorandum in which it objected to the expert’s report and requested that the expert commission be reinstated again, to terminate the partnership contract with the defendant, and to eliminate the nullity of the case in accordance with the Emiri decree that prohibits non-females from owning licenses in the field of printing and photocopying offices, and obliging him to hand over to her commercial activity and profits from the date of filing the case Based on the fact that the defendant violated the principle of partnership between them, by not keeping regular books as the expert decided and did not hand over her share of the profits, so it is entitled to rescind the contract or nullify it to prohibit its ownership of commercial activity.

The court affirmed, in the merits of its ruling, that the first paragraph of Article 62 of the Personal Status Law stipulates that each of the spouses has the right to recourse to the other upon divorce or death if one of them participates in a trade or building a home or the like, taking from the doctrine of Ownership of what was conceived, and she pointed out that it took place on the court's judiciary, that the wife’s request to her husband after the divorce to return what she gave him during the establishment of their marital relationship, to invest it or build a home or the like, falls within the disputes related to personal status matters.

She added that the court established that the plaintiff had declared that she was the wife of the defendant, and that the marital nudity had been separated, and that what she delivered from the trade license administration was on the occasion of a marital relationship that was between them, then he became a partner with her by 50% and then her claim to him with that money counted Marital divorce is within the jurisdiction of the Personal Status Court, and with it the court decides that it has no specific competence to hear the case and refer it to the partial personal status court for jurisdiction, and to postpone the decision on the comprehensive expenses in exchange for attorney fees.

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