Civil Law and UAE: Simple Legal Remedy Idea

1. Meaning of Legal Remedy

A legal remedy is the relief given by a court to a person whose legal right has been violated or who has suffered legally recognised harm.

In simple words:

A right becomes practically useful when the law provides a remedy for its violation.

For example:

A buyer pays for goods but the seller does not deliver → the buyer may seek an appropriate contractual remedy.

A person causes property damage → compensation may be claimed.

A debtor fails to pay a debt → the creditor may seek payment and appropriate ancillary relief.

A party commits a serious contractual breach → termination or other contractual relief may become available depending on the contract and applicable law.

Under the current UAE Civil Transactions Law, Federal Decree-Law No. 25 of 2025, effective from 1 June 2026, the civil-liability provisions expressly address compensation, moral harm, multiple responsible persons, restoration and other consequences of harmful acts. (UAE Legislation)

2. Simple Formula

A useful formula for understanding remedies is:

Legal Right → Breach/Harm → Causation → Proof → Remedy

For a civil claim:

Wrongful Act + Damage + Causation + Proof = Potential Civil Remedy

The remedy depends upon the nature of the dispute.

3. Main Types of Civil Remedies in UAE

A. Compensation/Damages

The most common remedy is monetary compensation.

Under current Article 255, compensation is assessed according to:

the loss suffered; and

lost profit,

provided that the loss or lost profit is a natural consequence of the harmful act. (UAE Legislation)

Example

A contractor wrongfully damages a building.

The owner may seek compensation for proven losses caused by that damage.

4. Moral-Damage Compensation

Civil liability is not limited to physical or financial loss.

Current Article 254 recognises moral harm, including infringement of:

freedom;

honour;

reputation;

social standing; and

financial status.

It also permits compensation in specified circumstances for spouses and relatives up to the second degree following incapacity or death. (UAE Legislation)

Example

A wrongful act seriously damages a person's reputation.

Depending on the applicable law and evidence, compensation for moral harm may be available.

5. Restoration of the Previous Position

Sometimes money alone is not the most appropriate remedy.

The purpose can instead be to restore the claimant's position as far as legally possible.

For example:

return of property;

restoration of possession;

removal of an unlawful interference;

correction of a wrongful situation.

This is sometimes described as restitution or restoration.

6. Specific Performance or Performance of an Obligation

In contractual disputes, the claimant may seek actual performance where the applicable law and circumstances permit it.

For example:

Seller agrees to transfer a particular property but refuses to perform.

The buyer may seek the legally available remedy requiring performance, rather than simply treating the dispute as a claim for money.

The exact remedy depends on:

contract terms;

applicable UAE legislation;

nature of the obligation;

possibility of performance;

circumstances of the breach.

7. Termination/Rescission

Where a contractual breach is sufficiently serious and the applicable law or contract permits it, termination may become a remedy.

For example:

Material breach → Notice/required procedure → Termination → Restitution/damages where legally available

A legal drafter should therefore clearly identify:

termination events;

notice requirements;

cure periods;

consequences of termination.

8. Declaratory Relief

A court may also be asked to determine the existence or legal effect of a right or relationship.

For example:

"The claimant seeks a declaration that the agreement was validly terminated."

A declaration can be particularly useful where the parties disagree about their legal position.

9. Injunctive or Protective Relief

In appropriate proceedings, a party may seek an order preventing a particular act or preserving the position pending determination of the dispute.

Examples include:

preventing disposal of certain assets;

preventing continuation of a particular wrongful act;

preserving property;

protecting confidential information.

Such remedies are generally procedural and jurisdiction-specific, so the applicable court or arbitral regime must be identified.

10. Freezing or Asset-Preservation Relief

Where there is a real risk that assets may be dissipated, the relevant procedural law may permit protective measures.

The purpose is generally:

Preserve the possibility of effective enforcement of a future judgment.

The remedy does not itself finally determine liability.

For example, the DIFC Court in Larmag Holding B.V. v First Abu Dhabi Bank & Others [2019] DIFC CFI 054 dealt with post-judgment freezing relief after a substantial damages award. (DIFC Courts)

11. Interest and Ancillary Monetary Relief

Depending on the applicable law, contract and procedural framework, a successful claimant may also seek interest or other ancillary monetary relief.

The availability and calculation should not simply be assumed. The drafter should identify:

contractual basis;

statutory basis;

applicable court rules;

period;

rate;

enforceability.

12. Compensation Must Be Connected to Actual Loss

A very important principle is:

A claimant cannot normally obtain compensation merely because harm is theoretically possible.

The loss must be established as legally recoverable.

The DIFC Court's discussion in Globemed Gulf Healthcare Solutions LLC v Oman Insurance Company PSC [2017] DIFC CFI 051 referred to UAE authorities distinguishing actual or certain future injury from merely potential injury. The Court noted that future loss may be compensable when it is sufficiently certain or inevitable, whereas a mere possibility is insufficient. (DIFC Courts)

13. Lost Profits

Lost profits can form part of a damages claim where they satisfy the applicable legal requirements.

The claimant should normally provide evidence such as:

financial records;

historical sales;

contracts;

invoices;

expert calculations;

market information;

business projections supported by evidence.

The important distinction is:

Reasonably provable lost profit ≠ speculative profit.

14. Multiple Wrongdoers

Current Article 253 addresses situations where several persons are responsible for the same harm.

The law provides that each may be liable according to their share, while the court may in appropriate circumstances order equal or joint-and-several liability. It also allows reduction or denial of compensation where the injured party contributed to causing or aggravating the harm. (UAE Legislation)

Simple example

A and B jointly cause damage to C.

The court must consider:

each person's contribution;

causation;

the claimant's own contribution;

the appropriate allocation of liability.

15. Contributory Responsibility

The claimant's own conduct can affect the remedy.

For example:

A claimant suffers AED 1 million in damage but substantially contributed to causing the harm.

The court may consider that contribution when determining compensation under the applicable law.

This prevents the remedy from automatically treating the defendant as responsible for harm caused partly by the claimant.

16. Six Important Case Laws

Case 1: Globemed Gulf Healthcare Solutions LLC v Oman Insurance Company PSC [2017] DIFC CFI 051

This is an important UAE-law damages authority.

The DIFC Court examined UAE-law principles concerning:

actual damage;

future damage;

potential damage;

causation;

assessment of compensation.

The Court explained that future injury may be compensable when it is certain to occur, but a merely possible future injury is not enough. (DIFC Courts)

Legal-remedy lesson

Prove the loss; do not rely merely on possibility.

The later quantum proceedings determined the damages at AED 66,847,024, following expert evidence and assessment. (DIFC Courts)

Case 2: Larmag Holding B.V. v First Abu Dhabi Bank & Others [2019] DIFC CFI 054

This case involved substantial claims arising from alleged fraudulent conduct and misappropriation.

The Court considered UAE-law principles concerning:

harmful acts;

causation;

compensation;

moral damage;

restitution;

restoration;

damages.

The judgment also considered the distinction between compensatory damages and other forms of relief. (DIFC Courts)

Legal-remedy lesson

A claimant should identify exactly what remedy is being requested rather than simply asking for "compensation."

The judgment ultimately involved damages of approximately EUR 64.35 million against relevant defendants. (DIFC Courts)

Case 3: Hepher Associates Ltd & Trevor Anscombe v Rasana Engineering Industries Co LLC [2017] DIFC CFI 043

The DIFC Court awarded a total judgment sum of AED 1,029,064.61, comprising unpaid invoices, finance costs, filing fees and lost profits. (DIFC Courts)

Legal-remedy lesson

A damages claim should be divided into identifiable heads:

Principal Loss + Finance Cost + Proven Lost Profit + Recoverable Costs = Total Claim

The claimant should provide evidence supporting each head rather than presenting one unexplained total.

Case 4: Dubai Court of Cassation Case No. 371/2004

This historical UAE mainland authority was discussed in Globemed.

The principle identified was that compensation requires an established injury, either already suffered or sufficiently certain to occur in the future; a mere possibility of damage is insufficient. (DIFC Courts)

Legal-remedy lesson

Certainty of compensable damage matters.

This is a historical authority under the repealed 1985 Civil Transactions Law and should not be cited as though its former article numbering were current law.

Case 5: Dubai Court of Cassation Commercial Cases Nos. 46 and 49 of 2006

These historical authorities were also discussed in Globemed.

The principle was that compensation could include:

actual damage; and

lost earnings,

where the loss was a natural consequence of the wrongful act and sufficiently established. The claimant carried the burden of proving the lost earnings. (DIFC Courts)

Legal-remedy lesson

Lost profits must be proved, not merely claimed.

Case 6: Lals Holdings Ltd v Emirates Insurance Company & SIACI Insurance Brokers [2024] DIFC CA 002

This DIFC Court of Appeal decision is useful when considering how contractual provisions affect the available remedy.

The Court examined contractual interpretation and the circumstances in which contractual provisions should be given their proper objective meaning.

Legal-remedy lesson

Before seeking a remedy, identify:

What does the contract actually require? → Was that obligation breached? → What consequence does the contract provide?

This is particularly important for termination, indemnity, payment and limitation-of-liability clauses.

17. Remedy Selection Table

18. Simple Remedy Analysis Method

When solving a UAE civil-law problem, use these 7 questions:

1. What right was violated?

Example:

Right to payment.

2. What happened?

Example:

Defendant failed to pay.

3. What damage resulted?

Example:

AED 500,000 unpaid.

4. Is there causation?

Did the defendant's conduct cause the claimed loss?

5. Can the loss be proved?

Look for:

contract;

invoices;

bank statements;

correspondence;

expert reports;

electronic records.

6. What remedy fits?

Choose between:

compensation;

performance;

termination;

restoration;

declaration;

protective relief;

other legally available remedies.

7. Is the remedy limited?

Check:

limitation;

contractual limitations;

claimant's contribution;

causation;

mitigation;

applicable procedural requirements.

19. Current-Law Important Point

The current Civil Transactions Law should now be the starting point for a UAE civil-law remedy analysis.

The current provisions include:

Article 253 — multiple persons responsible and contribution by the injured person;

Article 254 — moral harm;

Article 255 — assessment of compensation based on loss and naturally resulting lost profit. (UAE Legislation)

The 2025 Civil Transactions Law replaced the 1985 Civil Code from 1 June 2026, so older cases such as the 2004 and 2006 Dubai Cassation decisions should be used as historical judicial guidance, while the current statutory text should control the present legal analysis.

20. Exam-Friendly Example

Facts

A contractor agrees to complete a building by 1 December 2026 but wrongfully fails to complete it.

Legal analysis

Right: Employer has a contractual right to performance.

Breach: Contractor failed to perform according to the contract.

Damage: Employer incurs proven additional expenses.

Causation: The expenses resulted from the contractor's breach.

Evidence: Contract, programme, invoices, correspondence and expert evidence.

Possible remedies: Depending on the contract and applicable law:

performance;

extension/termination consequences;

compensation;

proven additional losses;

other appropriate relief.

Formula

Contractual Right → Breach → Causation → Proven Loss → Appropriate Remedy

21. Common Mistakes in Remedy Claims

Mistake 1: Asking for compensation without proving damage

A claimant should establish the actual loss.

Mistake 2: Claiming speculative profits

Expected profits need an adequate evidentiary foundation.

Mistake 3: Ignoring causation

The defendant's breach must be connected to the claimed loss.

Mistake 4: Seeking the wrong remedy

A monetary claim and a restoration claim are not necessarily interchangeable.

Mistake 5: Ignoring the claimant's own contribution

Current Article 253 expressly addresses situations where the injured party contributed to the harm. (UAE Legislation)

Mistake 6: Treating DIFC cases as mainland precedent

DIFC judgments are useful comparative UAE authorities, but the DIFC is a separate jurisdiction with its own legal framework.

Conclusion

A legal remedy is the practical relief available when a civil right has been violated or legally recognised harm has occurred.

The basic UAE civil-law approach can be remembered as:

Right → Wrong → Damage → Causation → Proof → Remedy

The major remedies include:

Compensation

Moral-damage compensation

Restoration

Specific performance/performance

Termination

Declaratory relief

Protective or injunctive relief

Freezing/asset-preservation measures where available

Ancillary monetary relief

One-line revision

A good civil remedy is not simply about winning money; it is about identifying the violated right, proving the legally recoverable harm, establishing causation, and obtaining the form of relief that properly addresses that harm.