The Abu Dhabi Court of Family and Civil and Administrative Claims decided to compel a young man to pay a girl an amount of 57,933 dirhams, which she had transferred to him as a loan, and he refused to repay the amount, claiming that it was a gift from her to help him.
In detail, a girl filed a lawsuit in which she demanded that a young man pay her an amount of 57,933 dirhams with a legal interest of 12% and oblige him to pay fees and expenses, noting that she borrowed the amount from the defendant . at intervals, but he did not return it to her, and attached pictures of statements.
During the proceedings, the defendant confirmed that the plaintiff transferred the defendant’s sums to him in installments, but this transfer was not to a loan and the reason for this was that he was in financial difficulties, so he complained to her by virtue of friendship between them over his faltering financial condition, indicating that she asked him to. She helps him get out of his financial distress and that he initially refused and explained to her that he could not return this amount, so she assured him that her assistance to him would be a gift and not a loan , and transferred the amount to him in the case, while the plaintiff denied the defendant’s words and emphasized that the plaintiff He admitted that he had received the sums of money from them without sending a document in support of his statements about the gift, and she sought the judgment of her requests contained in her lawsuit.
For its part, the Court of First Instance stated in its judgment that the creditor is legally obliged to prove his right and that the debtor must refuse to do so, noting that the defendant did not refuse the applicant to transfer the amount in question to him in installments. , and he did not provide evidence of the validity of his defense that this amount was not as a loan but as a donation from the complainant to him, and he did not ask the court to conduct an investigation to prove that and so came his defense without a document, which the court can only convict the plaintiff with its request based on a valid document, and the court decided to oblige the defendant to pay the plaintiff an amount and its amount 57 thousand and 933 dirhams, and obliged the defendant to pay court fees and expenses.
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