The Dubai Resilience Centre will collect and analyse data to create plans that can help address threats, risks, and disasters
uae1 hour ago
Last year, I lent Dh10,000 to a friend. I deposited the money in his bank account for which I have a cash deposit receipt from the ATM.
We did not have a written contract, but on WhatsApp we chatted about the money, and he accepted that he owes me that - but now he is refusing to pay me the money, claiming that he didn't borrow any money from me.
Do I have any legal options to retrieve the money, which I am owed?
Pursuant to your questions, you have legal options to receive back the money you have lent to your friend provided the said WhatsApp messages sent by your friend is in your device (mobile phone) or in the device of your friend. If you have forwarded or transferred the said messages of your friend to any other electronic device it may not be treated as the evidence in accordance with Article 8(1) of Electronic Transactions and Commerce Law No. 2 of 2002 (the "Electronic Transactions Law"), which states: "Where a rule of law requires that any document, record or information be retained, for whatever reason, that requirement is satisfied by retaining such document, record or information in the form of an Electronic Record, if the following conditions are observed:
(a) The Electronic Record is retained in the format in which it was originally generated, sent or received, or in a format which can be demonstrated to represent accurately the information originally generated, sent or received.
(b) The information remains stored in a way that is accessible and usable for subsequent reference."
In accordance with the Electronic Transactions Law contracts agreed between parties through electronic device even though it is partial is valid in accordance with Article 13, which states: "(1) For the purpose of contracting, it is permissible to express offer and acceptance, partly or wholly, by means of Electronic Communication. (2) A contract shall not be denied validity or enforceability on the sole ground that it was concluded by means of one or more Electronic Communications."
In continuance, any contents recorded in the electronic device may be used as the proof in the Court of law in accordance with Article 12(1) of the Electronic Transactions Law which states: "(1) Nothing shall prevent the acceptance of an Electronic Communication or Electronic Signature as proof:
(a) Solely on the ground that the Communication or the Signature was Electronic in its form.
(b) Solely on the ground that the Communication or the Signature was not original or in its original form, if such Electronic Communication or Signature is the best evidence that the person adducing it could reasonably be expected to obtain."
You may consider to file a civil claim against your friend to recover the loan paid to him.
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