Can a UAE contract shorten the time I have to bring a claim?
Clauses that say "any claim must be notified within 7 days or is waived" are common in supply and platform terms. The Civil Transactions Law sets the periods and says they cannot be contracted around; some laws set their own shorter periods.
The general rule
Article 429 of the Civil Transactions Law says a right is not extinguished by time, but a claim on it is not admissible against a party who denies it after fifteen years without an accepted excuse, except where the law sets another period. Article 443 then closes the door on contractual tinkering: a waiver of the time-bar defence is not valid before the right to invoke it has arisen, and it may not be agreed that a claim becomes inadmissible after a period other than the one the law specifies. A person may waive the defence after it has arisen, but not to the detriment of creditors.
A clause that cuts the period to days or months, or that says claims not notified in time are waived, is an agreement on a period other than the legal one.
Where the law itself is short
Article 108 of the Commercial Transactions Law gives a buyer fifteen days from actual delivery to notify a difference or defect, sixty days to sue for rescission or price reduction, and, for a hidden defect, immediate notice on discovery and six months to sue, unless agreed otherwise; a buyer who misses these is not heard unless the seller cheated, in which case one year from delivery. The article allows an agreement to relieve the buyer of these limits.
Article 54 of the Labour Law routes individual labour disputes first to the Ministry, which decides claims up to AED 50,000 with executive force, and gives either party fifteen working days from notice of that decision to file before the court of first instance.
Questions
- What is the general limitation period for a contract claim in the UAE?
- Fifteen years without an accepted excuse, unless the law sets another period (Article 429).
- Can the contract set a shorter claim period?
- No. Article 443 says it may not be agreed that a claim becomes inadmissible after a period other than the one specified by law.
- How long do I have to complain about a defect in goods bought commercially?
- Fifteen days from delivery to notify and sixty days to sue; six months for a hidden defect, unless agreed otherwise (Article 108, Commercial Transactions Law).
Articles on this page
- Article 429Civil Transactions LawThis article is about time limits on bringing a claim.
- Article 443Civil Transactions LawThis article limits what the parties can agree about time bars on claims.
- Article 108Commercial Transactions LawCited in Fahm reportsThis article sets time limits for a buyer who finds that delivered goods differ from the agreement or are defective.
- Article 54Labour LawThis article sets the route for individual labor disputes between an employer and a worker, or anyone entitled through either of them.