Session of Wednesday, 8 January 2025
Headed by Judge Shihab Abdulrahman Al Hammadi, “Head of the Department”, with the membership of Judges Al-Hassan Bin Al-Arabi Faidi and Dawood Ibrahim Abul Shawarib
(1-3) Commercial Transactions " Commercial Obligations : Interest on a commercial loan: Sets the interest rate, the date of payment and the calculation of delayed interest." Obligation Sources of obligation: Contract. The contract is the law forthe contracting parties.
1. The creditor has the right to charge interest on a commercial loan. Agree on its rate or calculate it according to the prevailing market rate at the time of the transaction, the date of its performance and the calculation of late interest when the debtor delays in fulfilment. Based on Article 72, Article 73 and Article 74 of Federal Decree-Law 50 of 2022.
2. The contract is pacta sunt servanda and is enforceable in the place of the law. Obligatory in accordance with the terms of the contract.
3. The appealed decision does not comply with the convention interest rate contained in the financing facility a...