Unified UAE Legislation Database

Federal Supreme Court - Commercial Appeal No. 402 of 2024 on Delayed Interest Rates

Status

In force

Issuing Authority

Federal Supreme Court

Effective date

XX.XX.XXXX

Official Link

https://

Session on Tuesday, July 16, 2024
Headed by Judge / Shihab Abdulrahman Al Hammadi, "Head of the Department" 
And the membership of Judges / Al-Bashir Bin Al-Hadi Zeitoun and Abdullah Bubakr Al-Siri.

 

(1-3) Commercial Transactions ‘Commercial Obligations and Contracts: Obligation to abide by the agreed upon delayed interest rate’. Court ‘Trial Court: The court must be obliged to decide legal issues without referring them to an expert.


1. The enforcement of the agreed interest rate is obligatory until the full payment of the debt. The court overrides the will of the contracting parties and applies an interest rate contrary to what was agreed upon. Inadmissible. The basis for that.


2. Interpreting contracts and stipulations and giving effect to their terms is a legal matter before the court and does not require expertise. Expertise is limited to the technical and factual aspects of the dispute.


3. Proof that the defendant obtained credit facilities from the Appellant under the two loan contracts at issue in the litigation, which specify the delayed interest rate, has the effect that it must be complied...