A debt paper for the amount was found on an "unidentified" person.
A father discovers a debt of 3.5 million dirhams owed to his deceased son
Youssef Al-Sharif: “The state courts are competent to consider the case, because the debt document was issued in the Emirates.”
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An (Arab) businessman died of a heart attack, and his father was surprised after his death that there was a debt paper worth 3.5 million dirhams owed to him by a Greek person (an unknown), who was dealing with him in the field of tourism, but he did not know his place or place of residence, wondering if he could file a case To demand the right of his grandchildren, especially since he does not reside in the state?
This came as part of episodes presented by Legal Counsel, Dr. Youssef Al Sharif, through the "Emirates Today" platforms, in the context of legal awareness and shedding light on the newly issued Personal Status Law.
In detail, the father said that he is 62 years old, does not reside in the country, and his son died a short time ago, leaving two children (12 and 9 years old), adding that his son owned a tourist company, and by virtue of his work he traveled a lot, to conclude his company contracts, and he faced a crisis He had a heart attack while traveling to Cyprus, and he died there.
He stated that his son did not travel directly from his country to Cyprus, but rather stayed in the Emirates for some time before traveling to Cyprus, noting that when he received his luggage after death, he discovered in them some papers and contracts, including a debt declaration of three million and 500 thousand dirhams on a Greek person. On the paper, the name of the debtor is written, and his passport number, but there is no address or any other data indicating it, only that it was written in the UAE and on a specific date.
The father asks: Can he, in his capacity as the guardian of his grandchildren, file a case against this person and demand the amount of the debt, which is the right of his grandchildren and part of his son’s estate to the eligible heirs, knowing that he only knows the name of this person, his passport number, and he does not know if he is originally in the Emirates Where can the case be filed?
For his part, Dr. Youssef Al-Sharif confirmed that the questioner can raise his case in his personal capacity as one of the heirs and as a guardian over his grandchildren against the debtor with the indebtedness paper, even though he has no domicile in the UAE as a plaintiff, as well as for the defendant who has no domicile in the state or place of residence or A known workplace in the country, stressing that the state courts are competent to consider the case, because the debt document was drawn up in the Emirates in accordance with the evidence on the paper.
Al Sharif indicated that this case is being filed before the Abu Dhabi Federal Courts, as they are the courts of the capital in accordance with Clause (5) of Article (9) of the UAE Personal Status Law, which states that: And it was not possible to appoint the competent court according to the provisions set forth in the previous paragraphs, and the jurisdiction shall be for the court in whose circuit the plaintiff’s domicile, place of residence or place of work is located, otherwise the jurisdiction shall be with the capital court.
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