Legislation Details
- Full Title: Federal Decree by Law Promulgating Law of Evidence in Civil and Commercial Transactions
- Law Type: Federal Decree-Law
- Law Number: [35] of 2022
- Issued Date: 03 Oct 2022
- Effective Date: 02 Jan 2023
- Official Gazette: No. 737
- Sector: Justice and Judiciary
- Status: Active
- Number of Articles: 258
- Chapters/Parts: 10
- Amendments: 0
Summary
This Federal Decree-Law promulgates the Law of Evidence in Civil and Commercial Transactions in the UAE. The law regulates the rules and procedures for presenting and evaluating evidence in civil and commercial disputes. It covers various types of evidence, including admissions, documents, electronic records, witness testimony, presumptions, and oaths. The law aims to provide a comprehensive legal framework for the admissibility and weight of different forms of evidence in the UAE's civil and commercial justice system. (Federal Decree by Law Promulgating Law of Evidence in Civil and Commercial Transactions, 2022, Art. 1) The law is significant for businesses and individuals in the UAE as it establishes clear guidelines on the evidentiary requirements for civil and commercial claims. It clarifies the rights and obligations of parties in presenting and challenging evidence, which is crucial for the fair and efficient resolution of disputes. The law also empowers courts to manage the evidentiary process, including ordering the production of documents, summoning witnesses, and appointing experts. (Federal Decree by Law Promulgating Law of Evidence in Civil and Commercial Transactions, 2022, Art. 1)
What is the scope and purpose of this law?
The Law of Evidence in Civil and Commercial Transactions applies to evidence in civil and commercial transactions in the UAE. The law establishes the general principles and procedures for the presentation, evaluation, and admissibility of different types of evidence in civil and commercial disputes. (Federal Decree by Law Promulgating Law of Evidence in Civil and Commercial Transactions, 2022, Art. 1)
What are the key definitions under this law?
The law provides the following key definitions:
- Admission: A party's statement acknowledging an obligation owed by him to another party. Admissions can be judicial (made before the court) or extrajudicial (made outside the court). (Federal Decree by Law Promulgating Law of Evidence in Civil and Commercial Transactions, 2022, Art. 14)
- Formal Instrument: A document in which a public servant or person in charge of a public service records the actions performed by him or what he has received from the parties concerned. (Federal Decree by Law Promulgating Law of Evidence in Civil and Commercial Transactions, 2022, Art. 24)
What are the main obligations and requirements?
The law imposes the following key obligations: 1. The plaintiff has the right to prove their claim, and the defendant has the right to disprove it. (Federal Decree by Law Promulgating Law of Evidence in Civil and Commercial Transactions, 2022, Art. 1) 2. The facts to be proven must be relevant to the action, have a bearing on the evidence, and be admissible. (Federal Decree by Law Promulgating Law of Evidence in Civil and Commercial Transactions, 2022, Art. 1) 3. Judges are prohibited from rendering judgments based on their personal knowledge. (Federal Decree by Law Promulgating Law of Evidence in Civil and Commercial Transactions, 2022, Art. 1) 4. The burden of proof rests on the claimant, and the defendant's denial must be made under oath. (Federal Decree by Law Promulgating Law of Evidence in Civil and Commercial Transactions, 2022, Art. 2) 5. Litigants must appear for examination by the court or supervising judge when ordered to do so, unless they have an acceptable excuse. (Federal Decree by Law Promulgating Law of Evidence in Civil and Commercial Transactions, 2022, Art. 21)
What are the penalties for non-compliance?
The law imposes the following penalties for non-compliance: 1. The court or supervising judge may fine a litigant who fails to file documents or conduct a required evidentiary proceeding an amount of not less than AED 1,000 and not more than AED 10,000. This decision has the same enforceability as a judgment and is non-appealable. (Federal Decree by Law Promulgating Law of Evidence in Civil and Commercial Transactions, 2022, Art. 13) 2. The law does not specify any other penalties for non-compliance.
When did this law come into effect?
This Federal Decree-Law entered into force on 2nd January 2023. (Federal Decree by Law Promulgating Law of Evidence in Civil and Commercial Transactions, 2022, Art. 3)
Source Documents
This article analyses Federal Decree by Law Promulgating Law of Evidence in Civil and Commercial Transactions for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.