Due diligence is commonly characterized as intensive exploration before signing an agreement, particularly one including the sale and purchase of land or any property. Due diligence implies playing it safe, auditing and examining documents, performing estimations, insurance protection, performing reviews, strolling the property, and basically getting your work done for the property BEFORE you really sign the sale and purchase agreement. Property lawyers of Dubai commonly term due diligence as a primary step taken by any individual willing to own a property in Dubai or any other Emirate in UAE.
Due diligence mostly involves reviewing the tittle deed of the property for ascertaining the owners of the property, mortgage agreements If signed, accurate specifications of the property, maintenance and financial documentation of the property to ensure a safe purchase. The purchaser can decide to not continue with a purchaser for any or no explanation whatsoever BEFORE there is a completely executed agreement. Should the purchaser decide not to continue with the exchange (unless there exist a pre-signed document), the parties no longer have any commitment to one another.
Research and Research!
The first and most evident step is to search for a property title affirming the seller’s proprietorship. The potential purchaser must demand a duplicate of the property title deed and site plan from the property developer or the seller. A title search at Dubai Land Department will affirm the dealer’s responsibility for property and any current home loan over it, which could forestall the deal. Dubai Land Department will likewise help distinguish whether the property is connected to a court request, if there is any freezing request on the property and give affirmation on the property’s details. Nevertheless, in order to conduct a proper due diligence over the tittle deed of the property, one must a have a proper power of attorney from the seller or the property developer to seek details from the land department and can also seek assistance of Best Lawyers of Dubai in order to assist you in every step possible.
Purchasers ought to likewise utilize an outsider authorized specialized investigation organization to confirm the proper measurements and dimensions of the property as the venders’ case and guarantees no deformity in the property. When a purchaser has done these due diligences with the assistance of outside parties, he can continue to draft an understanding which is commonly called a memorandum of understanding (MoU) to express the key terms of the property exchange. In Dubai, the parties are compulsorily required to sign and record Form – F to Dubai Land Department and any extra terms and conditions in the MoU ought to be appended as an addendum to Form F.
Due diligence can help and gives some declaration and certainty that the property has an unmistakable title, it isn’t impossible for the seller to make any adjustments to the property after the completion of due diligence by the imminent purchaser and the purchaser ought to confirm the findings of the examination by conducting due diligence on a day closer to the date of transfer to guarantee that the property status stays unaltered and he will really get a free property. Receiving complaints concerning the difficulty in conducting due diligence is what pushes them to appoint the best lawyer of Dubai to assist them in the said procedure.
How are physical assaults punished in the UAE?
An assault is categorized as a ‘violent crime’ in the United Arab Emirates. A crime involving a physical attack or even a threat of attack can be potentially classified as an assault. Depending on the graveness of the act and considering the aggravating factors that might exist, assault can be further categorized as stated below.
Categories of Assault and their punishment
- Assault under the influence: Pursuant to Article 336 of the UAE penal code and its amendments, if an assault is committed by the culprit while being under the influence of intoxication or stupefaction shall be considered an aggravating circumstance for assault and punishment can include imprisonment of eve up to ten years.
- Assault with weapons: Pursuant to Article 341 of the UAE penal code and its amendments, if an assault is committed using a weapon, club or any other tool and also if the act was done with pre-mediation, then the offender can be punished with imprisonment as well as fine.
- Domestic Assault: Pursuant to Article 334 of the UAE penal code and its amendments, assault by a male or female person in the circumstances concerning an act of adultery can be sentenced with detention as well as imprisonment.
- Assault resulting in permanent injury: Pursuant to Article 339 of the UAE Penal code and its amendments, when physical assault culminates in illness or disability, then the punishment can include imprisonment of up to one year and a fine of up to ten thousand dirhams. However, if the illness or disability caused due to the assault renders a person unable to perform their personal work for a period of twenty days or more, then such conditions are considered as aggravated conditions and stricter punishments are awarded in the form of detention and fine.
- Assault on means of communication and public utilities: Pursuant to Article 288 of the UAE penal code and its amendments, life imprisonment shall be imposed on any person who assaults an airplane or whip with the intention of capturing it or changes its course or harming any passengers on board.
Aggravating factors in an ‘assault’:
The UAE penal code particularly distinguishes an assault as aggravated or otherwise. This categorization exists based on the gravity of the harm caused due to the said act. An aggravated assault is categorized as a ‘felony’ as opposed to a simple ‘misdemeanor’. Felonies constitute serious crimes with stringent punishment and fines, which may include longer prison sentences, fines and even life imprisonment.
The UAE penal code lists the occurrence of the following factors in an assault crime as an ‘aggravating factor’, and these are:
- Involvement of pre-mediation for the assault. Article 333 of the UAE penal code defines pre -mediation as ‘a determined intent prior to the commission of a crime against any person, and meditation on measures which are necessary to carry out the crime precisely’.
- Acting under the influence of intoxication or stupefaction. Article 226, ‘Commitment by the culprit of the act under the influence of intoxication or stupefaction shall also be considered an aggravating circumstance’.
- Assault of a pregnant woman resulting in abortion. Article 339, ‘If the assault on a pregnant woman results in abortion, it shall be considered an aggravating circumstance.’
- Assault with deadly weapons, including making threats using deadly weapons such as a knife, or gun or any other object that can cause pain. Article 341, ‘If the assault is committed by using a weapon, club or any other tool, and by one or more members of a gang composed of at least five persons who conspire to assault and to cause injury, a sentence of detention and a fine shall be inflicted upon each of them without prejudice to any severer penalty against any of them who takes part in the aggression or any other penalty provided for in the law’.
- An assault resulting in death. Article 342 states, ‘Anyone who, through his own fault, causes death to a person, shall be punished by detention and by a fine or by either of these two penalties’
- An assault resulting in culpable homicide not amounting to murder, ‘Whoever assaults another person physically in any manner without intending murder, but the assault leads to death, shall be sentenced to imprisonment for a period not exceeding ten years. If any of the circumstances specified in the second paragraph of Article (332) arises, it shall be considered an aggravating circumstance.
- An act of indecent assault of a male of female who is below the age of fourteen years. Article (356), ‘The crime of indecent assault is committed against a male or female who is under fourteen years of age, or if the crime is committed by coercion, it shall be punished by temporary imprisonment’.
- If assault results in permanent injury: Article 338; ‘If anyone physically assaults another person in any manner and the assault leads to illness or the inability to perform his personal work for a period of twenty days, he shall be punished by detention and by a fine. If the result of the assault has not reached the degree of seriousness mentioned in the preceding paragraph, the punishment shall be by detention for a period not exceeding one year and by a fine not exceeding ten thousand Dirhams.’
It can thus be understood that, the UAE laws render strict punishments for the act of assault, depending on the categorization of the assault as either a ‘felony’ or ‘misdemeanor’. In addition, the UAE penal code specifically recognizes certain aggravating circumstances that result in classifying an assault as a ‘felony’. If an assault charges is classified as a felony then, stringent punishments including imprisonment and fines can be imposed.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.