Bankruptcy in the Context of UAE Law No. (18) of 1993 Concerning Commercial Transactions
Type
E-journal
Date
17 Mar 2016
Jurisdiction
United Arab Emirates
Taxonomy
Bankruptcy
Copyright
LexisNexis
Relevant company
Al Tamimi & Company
Legal reference
UAE Law No. 18/1993
Analysis
UAE Law No. 18 of 1993 ‘Concerning Commercial Transactions' (the “Commercial Transactions Law”) provides a framework for the bankruptcy of persons engaged in trade.
Part Five of the Commercial Transactions Law sets out provisions dealing with the bankruptcy procedure for traders who cease to pay their debts. This article will take a look at the bankruptcy provisions of the Commercial Transactions Law.
Definition of Bankruptcy
Section 1 of Article 645 of the Commercial Transactions Law provides:
“Subject to the provisions of preventive composition, any trader who ceases to pay his commercial debts when due because of financial distress and credit issues may be declared bankrupt.”
Accordingly, bankruptcy can be defined as a situation where a trader ceases to pay his commercial debts when due because of financial distress.
“Trader” means an individual or an entity (such as a commercial company).