3 requirements for applying foreign law in personal status cases

Many nationalities live in the Emirates, as it is a major destination and a desirable destination for those coming from all over the world for the purpose of work and residence. In light of the unique diversity that distinguishes it, the Personal Status Courts hear many cases related to nationals of these different countries, such as divorce, parentage, and custody cases. And alimony, vision, inheritance, and will. “Emirates Today” received several questions about the cases in which a foreign person may adhere to the application of his country’s law in personal status lawsuits and the restrictions imposed on him. specify that.

A senior legal advisor, Wajih Amin Abdulaziz, told Emirates Al-Youm that Emirati law sets three basic conditions for applying the law of the state of the two parties to the litigation: first, the union of their nationalities, meaning that the two parties to the dispute belong to one country, and that this be requested before a court of first instance, and that there is no residence. A new lawsuit requesting the application of foreign law in a previously decided case.

In detail, Abdulaziz stated that the Emirati legislator took the principle of territoriality of the Personal Status Law, meaning that it applies and is compatible with citizens, as well as foreigners residing in the country, unless one of them adheres to the application of his country’s law in accordance with Article One, Second Paragraph of the Federal Personal Status Law No. (28) of the year 2005, which states that “its provisions apply to non-citizens unless one of them insists on applying the law of his country.”

He added that by referring to the applications of the aforementioned article and what was stated in its explanatory memorandum, we find that the UAE Personal Status Law allows non-citizens to adhere to the application of their country’s law in matters related to personal status, taking into account the peremptory provisions of Islamic Sharia and public order and public morals in the country, indicating that the student must prove the law. The foreign law required to be applied and submitted to the trial court, given that the foreign law is nothing more than a material fact and the one who adheres to it must establish evidence of it so that it can be referred to.

Abdulaziz stressed that the law to be applied must be submitted, duly certified by the competent official authorities, with a legal translation into Arabic, as it is the language of the courts if the foreign law is written in a language other than Arabic.

He explained that the Emirati legislator set specific requirements for the application of foreign law in personal status cases, most notably the union of the nationalities of the parties to the litigation, as in the event of different or multiple nationalities, the state’s law is applied in accordance with the provisions of Article (24) of the Civil Transactions Law.

It also obliges the opponent who wishes to insist on applying the law of his country to request that before the court of first instance. It is not permissible to raise this defense and adhere to it for the first time in subsequent levels of litigation, whether the court of appeal or cassation. Nor is it permissible for any opponent in personal status cases to file a lawsuit. A new one in which he demands the application of his country’s law in an old case in which a judicial ruling had previously been issued, as long as he was able to insist on applying his foreign law in the first case, taking into account the stability of the legal situation.

UAE law allows non-citizens to adhere to the application of their country’s law in “personal status”.