Law of Evidence in Civil and Commercial Transactions in UAE
On 3 October 2022, Decree No. 35 of 2022 was issued for Federal Law of Evidence in Civil and Commercial Transactions and it replaced Law No. 10 of 1992 and its amendments. The new Law revoked every previous ruling that conflicts with or contravenes its rules. The effective date of the Law is 02/01/2023.
In light of the new Law of Evidence, the Law addresses matters not addressed in the previous Law; however, it kept some of the articles stated in the previous Law. The new Law contains 10 chapters and includes 125 articles regulating different topics concerned with tools of evidence such as declaration, writing, digital evidence, testimony, custom, circumstantial evidence, oath, and other methods of evidence.
The new Law regulates the general rules in 13 articles, some of these rules were stated in the previous Law, and some are new. Although some matters were tackled in the previous Law, it is not stipulated in the new Law.
For instance, article 15 of Chapter 2 “Evidence of Declaration and Interrogation of Litigants” of the new Law states: “a declarant must be eligible to act on what they are making a declaration for their declaration to be valid.
The declaration of a distinguished minor who is authorized to sell or purchase to the extent of their authorization is valid.
The declaration of the guardian, endower or those of equivalent status regarding what they did within their mandate is valid.”
While article 52 of the previous Law stated “for a judicial declaration to be valid, the declarant is required to be sane, adult, has freewill, not interdicted regarding what they made a declaration about.”
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