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Our publications, "Gudis & Tasheel," serve as key tools in our mission to demystify legal concepts. Available in print and as free e-books, they provide straightforward, visually-supported paths to essential legal insights for everyone.
Believing in the importance of the societal role of private establishments, and a desire to contribute to raising the level of legal rights awareness for individuals and companies, as a message and organizing life matters in Saudi society; As a continuation of our chain of publications and our work in developing the legal environment, we present to you the "Guide to pleading before the commercial courts", which includes a comprehensive guide to litigation procedures, at its three levels: first instance, then appeal, and finally, the Supreme. The commercial courts system and its executive regulations aim to raise the capabilities of the commercial judiciary, enhance the commercial environment and raise legal security, as the system is considered as a qualitative leap in the development of the commercial judiciary in the Kingdom of Saudi Arabia with regard to the provisions included in it, being based on basic foundations for speedy settlement of the case, and saving time and effort. Encouraging resorting to (ADR) Alternative Dispute Resolution, adopting technology, enabling the role of Advocacy, the possibility of proof by all means of evidence, including some provisions for expedited enforcement in some cases, and appreciating the role of custom and consulting the opinion of traders, which will have a huge impact on the speedy settlement of judicial disputes. The “Guide” paves the way for the lawyer from the moment that the lawyer intends to start pleading, by defining the competent court, the procedures for filing the case, giving importance to expediting easy and collective lawsuits, notifying the litigants, passing through urgent lawsuits, insertion, overlapping and incidental demands, with reference to the means of evidence and its provisions, and showing the mechanisms of submitting objections on judgments’ demands, petition for reconsideration, clarification of jurisdictions of the appeal courts, and ending with the mechanism of the cassation of judgments before the Supreme Court. The "Guide" is concerned with showing the procedural practices in the court that the one who is pleading must adopt, whether from the digital aspect through the electronic systems of the commercial judiciary, or from the traditional aspect through direct attendance in the courts. In this guide, we have made sure that it is summarized and does not violate the required intention, using short phrases that are far from unnecessary verbiage, and in well format, easy, and devoid of complexity. And we took into account when explaining the procedures that they must be in numbered points and visual templates, and they are logically sequenced, as this has a visual impact that facilitates the reading, and helps the reader to quickly reach and understand the benefit, with an index of titles at the end of the guide, which refers the reader directly to the subject he wants to obtain.
The Kingdom of Saudi Arabia has given the judicial system special care, and since its inception, Kingdom has laid its foundations and put in place its organizing frameworks, conscious of the fact that justice is the foundation of the monarchy, and that the preservation of rights is one of the most important pillars upon which strong countries are built. In this regard, our belief in organizing life matters in Saudi society , we intended to highlight (Labor system and its executive regulation) in a new way, aiming to: Presenting it in a way that everyone familiar with it can benefit from it with ease and flexibility. Demonstrating the whole system represented in its articles and sections, which is enacted by legislator in the regulations. Shed light on exceptions and conditions, and everything that is permissible or obligatory. To achieve these goals, we have followed an educational approach abstracted from the principle of text verification procedures, namely it is a procedure (text drafting and control), which includes: addressable text, dividing it into paragraphs, and adjust its form as well as other things concerning drafting that illustrate the text, showing ambiguity hidden by it, and probing its depths. Our approach is based on three pillars; as follows: addressing, paraphrasing, and coloring. As for the addressing; It is the most important addition in this work, as the facilitation element has been achieved. whereby we have developed addresses that reveal the subject of the mentioned articles, as well as titles that reveal each part of these articles and their implementing regulations, to enable every viewer to have access to the precise details of the statutory articles and their regulations. The reader will find a catalog (index) with these titles at the end of the work, facilitating access to the subject to be searched for. As for the paraphrasing, we had to resort to it, in order to achieve the element of clarity, we divided the regular articles into small independent paragraphs according to the meaning, and numerically numbered the single subject points, thus revealing the multiple elements of the regulatory article. As for coloring; our intention is to attract the reader's attention to matters that we believe that they are very important and they are set out below: Exceptions, conditions, and matters that are obligatory on the judge or the department, and other permissible matters. In addition to coloring the headings added in the right margin of the text of the labor system and its executive regulation. Furthermore, to facilitate it on the reader and the legal researcher, we are referring to the regulations when mentioned, abolishing the difficulties of searching for those who wanted to access the texts of the statutory articles.
Gain unparalleled legal insights with "Gudis & Tasheel" in print, offered in over 10 bookshops. This publication demystifies challenging legal topics, ensuring accessibility for all readers. Secure your copy and embark on a journey of legal enlightenment.
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13 October 2024
Legal services in the real estate sector are a crucial and important element in protecting real estate investments and ensuring success in this vital sector, allowing projects to continue smoothly. Whether you are an investor or a real estate development project owner, understanding the legal aspects related to real estate is key to ensuring your projects run smoothly and protecting them from potential risks. In the ever-changing and growing real estate investment environment, legal services help you avoid loopholes that could hinder your future work and limit your development. Whether you are a novice investor or a large real estate project owner, a deep understanding of legal aspects can be the difference between success and failure.Protecting investments from legal risks When investing in real estate, it's not just about buying a property or developing a project; it's essential to understand the laws and regulations governing this field. This is where the importance of legal consultations comes in, providing comprehensive protection for investors' rights. Legal consultation ensures that all contracts are signed in a way that protects the rights of all parties, whether they are purchase, lease, or development contracts. It also ensures that these contracts comply with local and international laws, preventing any future legal issues. For instance, an investor might face legal risks if it turns out that the property deed is incorrect or contains legal issues. This is where the role of the lawyer becomes critical, examining property deeds and verifying their validity to ensure the investor makes a legally sound transaction.Resolving real estate disputes quickly and efficiently Real estate disputes are an integral part of the real estate world, whether related to property expropriation, boundary encroachments, or disputes over lease contracts. These disputes can lead to project delays and cause investors significant financial losses. Hence, legal consultations are a proactive step to address these issues before they escalate. Lawyers can offer quick solutions such as arbitration and mediation, which are alternative dispute resolution methods that don't require going to court. Arbitration provides a more flexible and faster environment to address issues, allowing both parties to reach an amicable solution while maintaining business relations. If matters escalate and court intervention is needed, having a lawyer to provide full support and represent the investor in court ensures professional defense of their rights.Supporting sustainable growth for real estate projects Legal consultation is not just about solving problems and disputes; it plays a vital role in supporting the sustainable growth of real estate projects. This support can be manifested through good legal planning that sets the project on the right path from the start, helping to avoid future obstacles. Lawyers assist investors in strategically planning their projects, offering advice on how to establish a legal framework for the project that can handle any changes in laws or markets. For example, if an investor wants to expand their project into a new area or start an international project, the lawyer can guide them regarding international real estate laws in that region, ensuring compliance with local and international regulations.Negotiating and drafting contracts professionally Negotiating and drafting contracts in a precise legal manner is critical in real estate, whether you're about to sign a new property purchase contract or preparing a long-term lease agreement. Having a lawyer ensures that the terms are fair and protect your interests. Legal consultations provide investors with in-depth legal insight on how to structure contract terms in compliance with the law while protecting their long-term interests. For instance, in real estate development cases, contracts can be complex and require clear clauses defining each party's responsibilities and delivery stages. A lawyer contributes to drafting these contracts in a way that ensures transparency and alignment between all parties, protecting the project from delays or unexpected costs.Guiding investors in sales and leasing procedures Additionally, lawyers play a crucial role in guiding investors on how to manage their properties, whether they want to sell, lease, or even develop them for new projects. This guidance ensures that all procedures are carried out legally, protecting the rights of the parties and ensuring the precise implementation of contract terms. For instance, when leasing a property, a lawyer can draft lease contracts that clearly protect the rights of both the landlord and the tenant. They can also provide advice on tax planning to ensure compliance with real estate-related tax laws and avoid any violations that could result in fines.In conclusion, obtaining specialized legal consultation is an investment that ensures the protection of real estate projects and increases their chances of success. Through legal consultation, investors can benefit from the deep expertise and knowledge of laws we have at Nasser Al Barakati & Partners Law Firm and Legal Consultancy, helping them make better strategic decisions and avoid legal problems before they occur. In the real estate investment environment, legal consultation can be the critical factor contributing to achieving your goals with confidence and sustainability.
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05 October 2024
Establishing Your Company: The First Step Towards SuccessEstablishing your company is the first step towards success and the foundation that must be solid enough to withstand the winds of change and market fluctuations. Therefore, it requires significant attention, especially from the legal perspective, to ensure that you protect your rights and avoid risks. Accordingly, obtaining legal advice at this stage is not just a traditional obligation but an integral part of the strategic planning for the company’s growth and alignment with the Kingdom's Vision 2030. This ambitious vision demands companies to adhere to high standards of innovation and transparency, making precise legal protection essential to cover all aspects of the business — from drafting well-structured commercial contracts to handling potential legal disputes.The Importance of the Business Formation Stage and Protecting RightsThe business formation stage is not merely administrative procedures; it is a critical process that lays the groundwork and determines the future path of your company. With accurate legal advice, companies can achieve balanced commercial contracts and clarify the responsibilities of all parties. Furthermore, intellectual property protection ensures that startups can safeguard their innovations and rights from exploitation or theft.Do not think that intellectual rights are just legal terms; they are strategic assets that support the company’s growth. Therefore, your investment in legally protecting these assets enhances your company’s ability to continue innovating and competing in the market without issues or obstacles.The importance of sound legal establishment goes beyond merely preparing documents and registration. Many legal aspects may be overlooked by new founders, such as determining ownership structure, carefully drafting foundational contracts, and defining partner responsibilities. Neglecting these aspects could lead to future legal problems that affect the company’s continuity. Thus, obtaining specialized legal advice is essential to ensure all details are covered in a sound legal framework, protecting your rights and ensuring establishment according to the highest legal standards.The Importance of Corporate Representation in Disputes and ArbitrationBusiness disputes are inevitable, but how they are handled will determine their impact on the company's operations. This is where the importance of arbitration and mediation lies, offering faster and more efficient dispute resolution compared to traditional litigation. Moreover, corporate representation in these situations ensures the protection of legal interests and avoids concessions that could negatively affect business operations.Arbitration not only helps resolve disputes but also manages commercial relationships, ensuring the continuity of cooperation with partners and suppliers. Thus, companies with a strong legal team can manage their disputes successfully, emerging stronger and more stable.Legal Consultation: A Key Element in Corporate SuccessLegal consultation is not an additional service but an integral part of any successful development plan. Whether it concerns dispute management or contract amendments, obtaining corporate legal advice contributes to informed strategic decision-making, positively reflecting on both financial and administrative performance. In the end, legal support remains one of the main pillars that companies rely on to achieve sustainable success in a constantly changing and complex business environment.
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23 August 2022
In commercial agreements, the fulfillment of obligations in a manner inconsistent with the contract's terms can entitle the aggrieved party to reject the contractual item and demand compensation. However, accepting the item without objection could waive this right, as it implies acceptance of any defects. For instance, a contractor's delay in project delivery without the client's formal objection could forfeit the client's right to claim damages. Therefore, issuing a formal notice upon any breach is crucial to safeguarding rights.
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