وسائل حماية حق دائن الشريك في دعوى القسمة القضائية : دراسة تحليلية في القانون الإماراتي

الملخص EN

This study deals with an important topic in the UAE Law, which is the methods through which a creditor of an owner of a common ownership can protect his rights from any harm that can be caused as a result of ownership division in a court proceedings.

It is perceived and realised that creditors’ rights in their debtors’ money can be badly affected if the proportion divided to the debtor is of low value, or if it was less than what he really deserves.

It is also perceived that in some cases the debtor may fail to rightly pursuit his common property in court against his other common owners’ partners, especially when he feels that the proportion he will receive will ultimately go to his creditors.

This, some other times, may lead him- not only to be without incentive in getting what he really deserves in the common property but to- cheat or to deliberately, in agreement with other owners, give away what he is ought to get.

The Emirati law recognises this fact, and has, accordingly, adopted more than one rule that can be of help to the creditors in this regard.

The study addresses the given regulation and assesses it.

The study ends at recommending that the Emirati law needs to readdress this issue in a way that leads to a higher level of justice.