The undocumented advance .. leads social relations to the judiciary

In recent years, the state courts have looked at a number of cases about financial claims for people who loaned friends or relatives to break their financial crisis, but these people have prolonged the payment, and some of them denied that they obtained these sums, while the creditors did not take guarantees, and they were satisfied with the oral agreement, on Although there are amounts of thousands of dirhams.

In inquiries to «Emirates Today» readers who occurred in financial problems with their relatives and friends, against the backdrop of lending large sums of money, and others refused to pay them.

They said that they stood by their friends in their distress, and lended them to the money they needed to decipher their crisis, and they had no doubt that they would not recover them, or that those who provided him with help will deny that he got the amount.

They stressed the necessity for individuals to take their warning when lending to others money, and that they should not be satisfied with the oral agreement on the credit, but rather the debt must be written, to ensure its recovery.

A letter from a reader in which he said to the newspaper arrived: “I loaned a person a sum of money and overlooking him for a long time, and in such cases I was ashamed to ask him to write a paper or check in exchange for the advance, due to the relationship of the friendship that binds me to him, but when I had to remind him of the debt, Flast and refuse to pay. ”

A second reader said: “My friend borrowed a sum of money from me, and when I asked him for a long time, and the period extended more than necessary. Is there a legal procedure that I take against him? Note that I have receipts for transferring the amount to him, as well as (WhatsApp) messages between us, such as proving the health of my words.

A question from a third reader said in which he said: “I stood beside a friend while he was disrupted from work, and he borrowed large sums of money from me so that he could manage residence and living expenses, and after a while he got a job and married, and when I asked him for the amounts he borrowed from Mona, he refused, on the pretext of his inability Finance », can I be filed a lawsuit against this person, knowing that I have no evidence for this debt except a message via WhatsApp, in which this person acknowledges the existence of the required debt but he cannot pay it now.

The state courts considered a number of cases in this context, including an issue that started its details when a young man refused to return 100 thousand dirhams that he borrowed from his friend six years ago, which prompted his friend to file a case to compel him to lead him to the amount, while directing the decisive oath to him.

In another case, a relationship between two friends ended with a judicial rivalry, because one of them did not return an amount of money that he borrowed from the other, and filed a lawsuit against his friend, asking him to return a advance that he lended to him to help him in financial distress he passed, but the latter denied the amount and refused to return to him.

For his part, the legal advisor, Dr. Youssef Al -Sharif, stressed the importance of documenting the advance between individuals, whatever the relationship of kinship or friendship between the two parties, indicating that the advance between the knowledge is usually carried out from the standpoint of magnanimity and nobility in the initiative to dismantle the crisis of this near or friend, and it will be its place Confidence, and there is an embarrassment at the request of the debtor to write a declaration of this debt, but this is matched by procrastination, denial, and the loss of financial rights.

He stressed the importance of being correspondence through the “WhatsApp”, or any other written means, or two witnesses, proving the debt and its value, according to which the creditor can prove its right and demand it, but in the absence of any support, evidence or witnesses, he has no choice but to file a lawsuit He asked to direct the decisive oath, which is its vilification.

He pointed out that, according to the text of Article 5/1 of Federal Law No. 1 of 2006 regarding transactions and e -commerce, the WhatsApp messages can be used as a guide to prove the debt, provided that they are clear and include talking about religion, and mutual between the two parties to the debt (the creditor and the debtor ) So that the value of the debt is determined from its phrases, and the debtor’s commitment to pay it, so that the court can accept it as evidence of proof that it relies on the claim of religion or any other procedures, whether criminal, civil or commercial, or even in family disputes between the parties.