Civil Law and UAE — Ultra-Short Legal Remedies List

Core formula:

RIGHT → VIOLATION/BREACH → CLAIM → REMEDY → ENFORCEMENT

Under the current UAE civil-law regime, Federal Decree-Law No. 25 of 2025 (Civil Transactions Law) has applied since 1 June 2026. For contractual breach, Article 234 expressly allows the non-breaching party, after notice, to seek performance or rescission, and the court may also award compensation where justified.

1. Specific Performance

Meaning: The court requires the debtor to actually perform the contractual obligation rather than merely paying damages.

Example: Seller refuses to complete a legally binding transaction despite being able to perform.

Formula:

Valid obligation + non-performance → performance order

The court may also grant a period for performance where circumstances justify it.

2. Rescission / Termination

Where a party to a bilateral contract fails to perform a due obligation, the other party may seek performance or rescission, subject to the statutory requirements.

The court can refuse rescission where the breach is minor or the debtor has effectively cured the default.

Formula:

Serious contractual breach → rescission + possible compensation

3. Compensation / Damages

Compensation aims to repair legally established harm.

It may concern:

• Actual material loss
• Certain future loss
• Loss of opportunity
• Other legally recognised damage

Case: Federal Supreme Court, Civil Cassation No. 880/2021

The Court recognised that compensation may cover established present or future material damage and that loss of opportunity can be compensable when its requirements are proved.

4. Restitution

Restitution attempts to restore a party to the position existing before an ineffective, rescinded or otherwise reversible transaction, where the applicable law requires restoration.

Memory word:

UNDO → RETURN

The current Code expressly regulates mutual rescission (iqala) and provides for restoration of the parties to their previous position in the circumstances specified by Article 233.

5. Unjust-Enrichment Remedy

Where one person obtains an unjustified benefit at another's expense, civil law may require restoration of the benefit or corresponding compensation.

Formula:

Enrichment + impoverishment + absence of sufficient legal basis → restitution

6. Injunction / Preventive Relief

A court may provide protective relief where necessary to prevent continuing or imminent harm, subject to the applicable procedural and substantive requirements.

Purpose:

Prevent the injury before it becomes irreversible.

Examples include protection against continuing interference with property or preservation of a legal position pending determination of the dispute.

7. Declaratory Relief

A party may seek a judicial determination concerning the existence, validity, interpretation or legal effect of a right or legal relationship.

Example:

“Is this contractual obligation legally existing and enforceable?”

Declaratory relief is primarily concerned with determining legal status, rather than automatically awarding monetary compensation.

8. Restitution for Unlawful Payment

Where money or property has been transferred without an adequate legal basis, restitutionary principles may require its return.

Memory formula:

No legal basis → no unjust retention → restoration

9. Interest

Where legally available, interest can accompany a monetary claim, subject to the governing legislation, contractual terms and applicable judicial limits.

It is generally treated as an accessory monetary consequence, rather than a substitute for proving the underlying debt or liability.

10. Enforcement

A judgment or enforceable instrument must ultimately be capable of implementation.

Framework:

Judgment → Execution → Seizure/attachment where permitted → Payment/transfer → Satisfaction

The remedy therefore has two stages:

1. Obtaining the legal remedy
2. Making the remedy effective through execution

11. Six Important UAE Case-Law References

Case 1 — Federal Supreme Court, Civil Cassation No. 880/2021

Remedy: Compensation

The Court recognised compensation for established material damage, including certain future damage and loss of opportunity.

Keyword: Loss of opportunity

Case 2 — Federal Supreme Court, Civil Cassation No. 99/1995

Remedy: Tort compensation

The Court discussed civil liability for damage and the distinction between direct causation (mubashara) and causal contribution (tasabbub), including the relevance of fault or equivalent requirements in causation-based liability.

Keyword: Damage + causation

Case 3 — Federal Supreme Court, Civil Cassation No. 941/2020

Remedy: Compensation for contractual/tortious liability

The judgment addressed contractual and tortious liability and the need to establish the relevant elements of liability, including fault, damage and causal connection.

Keyword: Liability elements

Case 4 — Federal Supreme Court, Civil Cassation No. 538/2017

Remedy: Effect of cassation and remittal

The Court explained that the court to which a case is remitted must respect the legal issue conclusively decided by the cassation judgment, while other factual and legal matters may return for determination within the permitted scope.

Keyword: Remittal + binding legal issue

Case 5 — Federal Supreme Court, Civil Cassation No. 8/2001

Remedy: Effect of judgment / procedural protection

The case discusses the consequences of cassation of part of a judgment and the effect that may extend to connected parts, illustrating how appellate remedies can affect the operative structure of a judgment.

Keyword: Cassation effect

Case 6 — Federal Supreme Court, Civil Cassation No. 99/1995

Remedy: Compensation and force majeure

The Court considered circumstances capable of affecting liability, including an external cause such as force majeure or the injured party's own conduct, when legally established.

Keyword: External cause

12. Ultra-Short Remedies Table

13. Exam Framework

For any UAE civil-law remedies question, write:

1. Right

Identify the protected right or contractual obligation.

2. Breach

Show non-performance, defective performance, unlawful interference or damage.

3. Causation

Connect the breach/conduct to the loss.

4. Remedy

Choose the legally appropriate remedy:

Performance / Rescission / Damages / Restitution / Injunction / Declaration

5. Judicial discretion

Consider seriousness of breach, circumstances, evidence and statutory requirements.

6. Enforcement

Explain how the resulting judgment or enforceable instrument becomes effective.

Final Memory Formula

PERFORM → UNDO → COMPENSATE → RESTORE → PREVENT → DECLARE → ENFORCE

One-line revision:
“UAE civil remedies principally aim either to make the debtor perform, undo the legal relationship where justified, compensate established harm, restore an unjust benefit, prevent continuing injury, determine legal rights, or enforce the resulting decision.”