Wednesday, March 31, 2021
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An Arab avoids paying his debt … and the court obliges him to pay 25 thousand dirhams – local – accidents and cases


A partial civil court in Ras Al Khaimah obligated a man of the nationality of an Arab country to pay to another of the nationality of a Gulf country, 25 thousand dirhams, and obligated him to expenses and attorney fees, after accusing him of not paying a debt to the plaintiff as an advance, due to the accused’s passing through difficult financial circumstances, and trust receipts were written Between them, the plaintiff explained in the lawsuit newspaper that he had demanded the defendant of the amount stolen in his debt, but that he was stalling and evading payment, which made him file a civil lawsuit in order to obtain his money.

The reasons for the court ruling stated that according to the law of evidence in civil and commercial transactions, the plaintiff must prove his right and the defendant denies it, and she pointed out that the law considers that the customary document is issued by whoever signed it, unless he explicitly denies what is attributed to him in terms of writing, signature or stamp Or a fingerprint.

She explained that it is not permissible for anyone to take someone else’s money without a legitimate reason, and if he takes it, he must return it, and the right must be fulfilled when he fulfills the conditions of his legal entitlement.

She added that the plaintiff had clearly proven his right to the claimed amount, based on a trust receipt, which included the defendant’s receipt of 25,000 dirhams from it as a trust, and that he was ready to return it after two months.

She pointed out that the documents proved that the defendant decided that he signed the trust receipt, but he did not receive from the plaintiff only 10 thousand dirhams, and the defendant did not submit any document indicating that he had paid the sums in question, and he did not provide evidence that he had received only 10,000 dirhams from the plaintiff. Dirhams, and accordingly, his liability is still occupied with these claimed amounts.

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Source site www.emaratalyoum.com

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