Practice Areas

Precautionary Measures

Precautionary Measures Services in Abu Dhabi

Precautionary measures are actions taken by the claimant in a civil lawsuit to safeguard their rights before a final judgment is issued. These measures aim to prevent the defendant from disposing of their funds or assets, or engaging in any actions that could harm the claimant’s rights. They include issuing orders to seize the defendant’s properties, bank accounts, and balances held by third parties, as well as preventing individuals from traveling, hiding their assets, or leaving the country to escape enforcement procedures.

There are several precautionary measures that can be taken, including:

  • Seizure of the claimant’s assets from the debtor.
  • Prohibition of the debtor from disposing of their funds or assets.
  • Ordering the debtor to provide financial guarantees.
  • Directing the debtor to undertake specific actions.

Abeer Al-Dahmani Advocates & Legal Consultancy offers precautionary measures services to clients. Their team of lawyers has extensive experience in this field and strives to provide the best possible service to clients.

Types of Precautionary Measures

There are various types of precautionary measures that can be taken, including:

Precautionary Seizure:

The judge issues an order for precautionary seizure on the funds or assets of the defendant to secure the claimant’s rights in the event of a final judgment in their favor. The precautionary seizure can be imposed on movable or immovable assets, and it can be total or partial.

Prohibition of Disposal:

The judge issues an order prohibiting the defendant from disposing of their funds or assets to protect the claimant’s rights in the event of a final judgment in their favor. The prohibition of disposal may cover all the defendant’s funds or assets, or it may be limited to certain ones.

Order to Provide Financial Guarantees:

The judge issues an order compelling the defendant to provide a financial guarantee to the claimant, ensuring the protection of the claimant’s rights in the event of a final judgment in their favor. The financial guarantee can be of a specified value or equal to the value of the claim.

Order to Undertake Specific Actions:

The judge issues an order compelling the defendant to undertake specific actions to protect the claimant’s rights in the event of a final judgment in their favor. This may involve the delivery of specific funds or assets to the claimant or the execution of a specific task.

The Importance of Precautionary Measures

Precautionary measures are essential actions that can help the claimant protect their rights before a final judgment is issued in a lawsuit. These measures prevent the defendant from disposing of their funds or assets or engaging in any actions that may harm the claimant’s rights.

Therefore, Abeer Al-Dahmani Advocates & Legal Consultancy strongly recommend taking precautionary measures in the case of a legal dispute with any party. This will help safeguard your rights and ensure that you receive them in the event of a final judgment in your favor.

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FAQ

Precautionary Measures Frequently Asked Questions

Precautionary measures are legal actions taken to safeguard the rights of the claimant before a final judgment is issued in a lawsuit. These measures aim to prevent the defendant from disposing of their funds or assets, or engaging in any actions that could harm the claimant’s rights.

There are several types of precautionary measures that can be taken, including:

  • Precautionary seizure
  • Prohibition of disposal
  • Order to provide financial guarantees
  • Order to undertake specific actions

There are certain conditions that must be met in order to take precautionary measures, including:

  • The claimant must have a legal basis to substantiate their right to compensation.
  • There must be a risk that the defendant may dispose of their funds or assets in a way that harms the claimant’s rights.
  • It must be likely that a judgment will be issued in favor of the claimant.

Precautionary measures are taken by submitting a request to the competent court. This request includes an explanation of the reasons for taking precautionary measures and providing evidence that the defendant poses a risk to the claimant’s rights. If the request is accepted, the judge issues an order to take the precautionary measures.

Precautionary measures result in the suspension of the defendant’s ability to dispose of their funds or assets or engage in any actions that may harm the claimant’s rights. In the event of non-compliance with the precautionary measures, the claimant can request the court to issue a judgment against the defendant.

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Zone 1 Rowdhat Abu Dhabi, Ali & Sons Company Bldg, 3rd Floor, Office 301, Abu Dhabi, United Arab Emirates.
Zone 1 Rowdhat Abu Dhabi, Ali & Sons Company Bldg, 3rd Floor, Office 301, Abu Dhabi, United Arab Emirates.