Every contract is an agreement, but an agreement is not a contract unless it creates legal obligations on its parties.
The documentation of contracts is necessary and required, as the law considers this a formal condition or a proof condition in all commercial company contracts and some other contracts.
In the UAE, lease and contracting contracts are not documented, and they are considered customary documents in the judiciary, and contracts are classified into named and unnamed contracts; So the so-called contracts such as the contract of sale, partnership, agency, contracting, and work…
They are named because the law specified them with specific legislative texts.
Contractors are not entitled to deviate from these provisions that govern the links of their parties.
As for the drafting of unnamed contracts and legal memoranda, they are contracts that regulate the relationship between members of society from transactions other than the named contracts mentioned.
Unlabeled contracts are subject to the general rules of law in civil and commercial transactions.
Why do we write the Memorandum of Association of a company?
It is possible for the partners, the parties to the contract, to agree to amend a clause of the company’s articles of incorporation, for example, but not limited to (change of trade name, change of activity, change of management clause, change of capital, change of the company’s working period and other clauses of the contract).
Some partnerships require amendments to the articles of association and articles of association for other reasons, including:
1- Issuing or amending governmental legislation and laws in contradiction with previously concluded partnership agreements.
2- Changing one or more core objectives of the partnership concluded between the department and the partners.
3- A wide change in the organizational structure of the department or partners affects the management and status of the concluded partnership.
4- A change in the structure of shared services between the partner department.
5- Low quality of services provided through partners.
What is the mechanism for amending the partnership contract?
1- Reviewing the current partnership contract and submitting a report to the senior management showing the scope of the change to the partnership.
2- Negotiating with the partner the objectives or services to be changed or added to the partnership contract.
3- Preparing the amended partnership contract in coordination with the Legal Affairs Department.
4- Signing the amended partnership contract, and covering the event in the media if the amendment is substantial and affects dealers.
5- Forming a joint team to implement the amended terms of the agreement.
What are the elements needed to write a will?
1- Personal information of the testator (supported by his passport).
2- Family tree (family members and dependents of the testator).
3- Proof of religion.
4- His mental abilities.
5- Whether there is another will related to his property in Dubai and Ras Al Khaimah (and clarify where it was registered and whether he wants to cancel it).
6- Details of his real estate properties in Dubai and Ras Al Khaimah (supported by copies of title deeds).
7- His bank accounts
8- Details of any other property…. etc.
Work contract drafting:
Persons wishing to work in the UAE are entitled to obtain an employment contract approved by the Ministry of Human Resources and Emiratisation and signed by the employee and the employer.
An employment contract according to the labor law applicable in the United Arab Emirates is defined as an agreement, whether of a fixed-term or not, made between the employer and the employee in which the employee undertakes to work for the employer and under his management or supervision in return for a wage paid to him by the employer.
The contract must be written in Arabic and may be written in English.
The work contract must specify the start date, type of work, location, terms, duration, and salary.
If the employment contract is not issued by the Ministry of Human Resources and Emiratisation, the employee can prove his service with the employer through legal means of proof, such as the internal contract, employment letter, payroll, or attendance record.
The Ministry of Labor keeps a copy of the employment contract as a reference copy in the archives for reference in the event of an employment dispute or at the end of service.
Employees and business owners can also review the contract details by entering the employee’s work card data on the website of the Ministry of Human Resources and Emiratisation.
What is the term of employment contracts?
In accordance with Article (38) of the UAE Labor Law in the section on work contracts, records and wages, provided that the work contract is for an indefinite or specified period, and if its term is specified, it must not exceed four years, and the contract may be renewed for another similar period or for a shorter period one or more times. . In the event of contract renewal, the new period or periods shall be considered an extension of the original period and shall be added to it in calculating the worker’s total service period.
As for the duration of the contract, Article (39) of the UAE Labor Law stipulates that the employment contract is considered to be of unlimited duration since the beginning of its formation in any of the following cases:
1- If it is not written or concluded for an indefinite period.
2- If it is written and concluded for a specific period, and the two parties continue to implement it after the expiry of its term without a written agreement between them.
3- If it is concluded for the performance of a specific work of indefinite duration or is liable to be renewed by its nature, and the contract continues after the end of the agreed work.
Drafting real estate contracts
The Dubai Land Department’s decision to standardize real estate contracts and oblige the market and its dealers to implement them.
The unification of real estate contracts confirms the urgent need to unify the construction contract, as both are related to the real estate, and the unification of each of them according to the requirements and nature of the rights and obligations of the parties represents a fruitful integration.
This sector usually includes challenges arising in most cases from the nature of the contracting clauses that do not provide the desired protection to the contractor as much as making him vulnerable to losing his profit margin or more.