UAE legal Q&As: Can I get my passport back from a creditor?

A reader asks about the legality of a creditor holding a debtor's passport, while another asks about compensation in relation to an apartment that is smaller than agreed upon with the developer.

I am an Arab businessman based in Sharjah. I had business interests in Dubai but they were unsuccessful and I ended up owing money. The creditor took my passport and my sons’ passports as a guarantee until I pay back his money. My family needs to leave the UAE to study but the creditor is refusing to give me back the passports. I have text messages from him that say this. Is there a legal way I can reclaim my passport?

According to multiple doctrines, and verdicts issued by the Federal Supreme Court, Dubai Court of Cassation, Abu Dhabi Court of Cassation and others, the creditor is not allowed to hold any personal documents of a debtor, as these documents are protected by the provisions of the Constitution of the United Arab Emirates. So, as long as you have material proof that your creditor has your passport, you may approach Dubai Courts to request an Order on Petition to compel your creditor to hand over the passports.

Three years ago, I signed a purchase agreement with a property company to buy a one-bedroom unit in a tower in Dubai. The agreed area of the unit was 78.7 square metres. In December, the developer handed over the unit but I suspected that it was not as big as it was meant to be. I hired a surveyor who found that the area is 62.5sqm. I contacted the developer and they told me that it was within the “approximate area” that is allowed. I want to know if I can sue the developer for compensation equivalent to the cost of the disparity in area.

According to the provisions of Law No 13 of 2008, regarding property in Dubai, if the difference between the agreed area and the actual area exceeds 5 per cent of the unit’s total area then the buyer is entitled to claim compensation from the developer. In your case, as the difference is 16sqm – greater than the 3.9sqm that is 5 per cent of your home’s total area – you can make a claim and should have a good case to win compensation.

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