Law Commons^™

The Civil Liability Of Credit Rating Agencies Between Reality And Aspiration: A Comparative Analytical Study Of The European And American Legislations, Dr. Ahmed Qasim Farah

UAEU Law Journal

creditworthiness of Countries and companies that issue debt instruments. These ratings enable the investors to assess the level of risk of default of payment by the issuers or to evaluate the risks associated to a specific financial instrument. Thus, they play a vital role in the global economy, and they are the first entities to be accused when a financial crisis strikes. The importance of their role prompted the European and American legislators to take the initiative to regulate their activities in the wake of the global financial crisis of 2008. However, the efficiency of the applied legislations in establishing …

Limiting The Shareholder And Partner Liability In Joint-Stock And Limited Liability Companies: A Comparative Study Between Kuwait And U.S Laws, Fahad N Sh K Alshammari, Fahad A. Alzumai

UAEU Law Journal

partner liability exemptions when faced with an attempt to pierce the corporate veil and attach individual liability for ongoing business decisions. The issue is that although piercing the corporate veil rule serves as an important tool for holding decision-makers accountable for misconduct in public companies and limited liability companies, the Kuwaiti legislature did not adopt this exemption If the promoter or the partner uses the company for fraudulent or illegitimate purposes, If he treats the company’s funds as his own personal funds, or if he does not separate his personal interest from the company’s interest, or if he causes incurring …

Legal Protection For The Rights Of The Commercial Store Creditors Under Uae Law: A Comparative Study, Dr. Omar Fares Dr.

UAEU Law Journal

The UAE Commercial Transactions Law has included provisions for the protection of the rights of the shop seller creditors who have debts related to its exploitation. Considering that the sale of the shop poses a threat to their rights because through this sale they lose the most important security for their debts, which is the “shop”. In order to achieve this goal, the UAE legislator approved the principle of the transfer of rights and obligations from the seller to the buyer in violation of the general rules, and obligated the two parties of sale contract to publish the summary of …

Formalization Of The Trading Company Contract And The Challenges Of The Fourth Industrial Revolution: An Analytical & Comparative Study, Dr. Karima Krim

UAEU Law Journal

Recently, the world experiencing major internet-based technological changes that led to the Fourth Industrial Revolution. of which blockchain and smart contract are technologies. The first is a large, open and distributed digital record and store data, backed up and exchanged between users, secure and more reliable manner without the intervention of a trusted intermediary, allowing the smart contract to automate the implementation of contract terms. This study, focused on trying to identify its impact on the official contract of the trading company and the extent to which it could compensate for the role of the notary. Which concluded that blockchain …

Criteria For Considering The Shari’A Need When Applied To A Commercial Insurance Contract: An Applied Jurisprudential Study, Ahmed Al-Shafei Mr

UAEU Law Journal

The research aimed to know the reality of the «Shari’a Need», and how to control and measure it. By proposing a list of criteria used in assessing their existence, consideration or elimination, and to test the criteria, the researcher applied them to a commercial insurance.

In order to achieve the goal of the research; the researcher used the inductive analytical method, by following the rules suggested by the Fuqaha’, which required an analysis of some Fuqaha’ sayings, to build standards.

The research concluded that the «Need» that some Fuqaha’ considered in the permissibility of commercial insurance does not meet these …

The Liability Of The Loss Of Goods In The Sale Contract Cif And Fob Under Kuwaiti And Uae Laws: A Comparative Study With The United Nations Convention On Contracts For The International Sale Of Goods, Dr. Ali Jassem Bouabbas

UAEU Law Journal

In this study, I deal with the commercial international sales contracts that have accelerated their pace in recent times, specifically the sale of CIF sale when selling, and selling of FOB in the matter of transferring the consequences of the loss of goods from the seller to the buyer, as these sales are considered the most famous at the present time, because of the advantages they contain for the seller and the buyer. The main aim of this research is to know the convergence and divergence between Kuwaiti law and Emirati law in the sale contract of CIF and FOB …

The Creditors Guarantees In The One Person Limited Company:A Comparative Analytical Descriptive Study, Dr. Salim Salam Al-Fulaiti

UAEU Law Journal

In this research we address the problem of balance between the powers of the owner of the capital of a single person limited liability company in managing the company and running its affairs and his limited liability according to the amount of his money he allocated to the company, and between the rights and guarantees of creditors towards this owner, in several laws for commercial companies such as Omani, Kuwaiti, Bahraini and Emirati law. , the Saudi system and the French trade law through an analytical and comparative approach. The comparative study between the laws of the countries of the …

Legal Protection Of Shareholders Of The Company Targeted By Friendly Takeover Bid: Analytical Study In Uae Law, Dr. Alaa Al-Nuaimi

UAEU Law Journal

Takeover is an important way of economic concentration. The bidder, with a large share holding of company's shares, is expanding his scope economically and geographically, which increases his competitiveness in the market. Takeover also enhances the competitiveness of the company targeted by it, and can improve its performance by leveraging the bidder economic capabilities. However, these advantages are offset by certain flaws, and do not compromise the risks that may be incurred by the shareholders of the company targeted by the takeover bids, as their agreement to sell their shares and thus enable the bidder to achieve his aim should …

Liability Of A Company Towards Others For The Acts Of Its Manager, Dr> Hussein Yousef Ghanayem

UAEU Law Journal

The mass of problems arising from the acts of company manager’s together with the lack of sufficient rules that govern the subject reflect the importance of our discussion. Modern trends tend to enlarge the company's liability in the field of both contractual and noncontractual sphere. Regarding contractual liability, it is now well established that a company is bound by the acts performed by its manager as long as the following conditions are fulfilled: (a) The manager acts in the name of the company. (b) The manager acts with in the object of the company. (c) The other party to the …

د. حسين يوسف غنايم- قانون الشركات التجارية في دولة الإمارات العربية المتحدة دراسة نقدية مقارنة, Dr> Hussein Yousef Ghanayem

UAEU Law Journal

سنعمد في هذه الدراسة إلى إلقاء الضوء الضوء على قانون الشركات التجارية في دولة الإمارات العربية المتحدة متناولين مزاياه وما يمكن أن يؤخذ عليه وملتزمين نهج البحث المقارن بقوانين الشركات في دول مجلس التعاون الخليجي بصورة رئيسية . وعلى ذلك، فسنخصص المبحث الأول من هذه الدراسة لتناول مزايا القانون بينما نخصص المبحث الثاني للمآخذ آملين أن يشكل ذلك إسشهاماً متواضعا في إثراء القانون وفي التعريف به في مستهل وضعه موضوع التطبيق. والله من وراء القصد.

The Legal Protection Of Trade Marks

UAEU Law Journal

The owner of a trade mark has an exclusive right to use it for marking out his goods or services. Any offence against this right is punishable with imprisonment, fine or both. In addition, the judge may decide the counterfeiting and seizure of goods or instruments used in perpetrating the offence. In fact, offences relating to trade marks may take the form of falsifying a trade mark , falsely applying a trade mark, selling goods or possessing or offering for sale goods falsely marked, falsely representing a t rad e mark registered .... etc. Besides the criminal action, an aggrieved …

Banking Supervision On The Financial Status Of Opening Account Demander, Prof. Faeq Al-Shamaa

UAEU Law Journal

Opening a banking account has become a widespread phenomenon. Number of people who open accounts has increased over the past few years due to the advantages of this operation. However, on the other hand, there are lots of risks which are indispensably connected with this operation. This study concerns with ability of the bank to supervise financial status of the customers. It firstly deals with legal base of banking supervision on the personal status of the account holders, and legal justifications of this supervision. The study deals as well with the extension of duty of the bank to control personal …

Conflicts Over Domain Names, Rami Olwan

UAEU Law Journal

The study explores legal implications posed by the growth of establishing websites and registration of domain names. The researcher introduces his paper by providing readers with a primary introduction to domain names, their definitions, the Domain Name System (DNS), types of domain names either generic; Top level domains (gTLDS) or country code Top Level Domains (ccTLDS), domain names registration procedures and registration authorities (registrars, registry operators). The researcher also compares trademarks and domain names, mention different types of disputes that occur over domain names including cyber squatting, typo squatting, cyber-smearing and reverse domain name hijacking. The paper includes technical and …

The Obligations Of The Commercial Mandate Towards The Mandate Between The General Rules And Requirements Of Commercial Dealing, Alaa Al-Nuaimi

UAEU Law Journal

The commercial mandate is one of the most widespread commercial contracts, that is why most legislations had to regulate it with special rules, making it a well noted commercial contract. Nevertheless the Iraqi legislature had a special method as he considered the commercial mandate as a business, but he did not assign it to certain provisions, which means that it will be subject to the provisions of the general rules.

The commercial life has its characteristics and the commercial mandate has its own characteristics. What suits civil dealing does not necessarily suit the business. Accordingly, the unification of the provisions …

The Legal Nature Of The Concessions And Investments Contracts Concluded By States In Accordance With B.O.T. System, Tariq Bin Hilal Al-Busaidy

UAEU Law Journal

Different States conclude contracts for running public utilities or for investing public money. These contracts are known as concession contracts. The introduction of modern legalmethods: the BOT and the BOOT have complicated the arguments as to the legalnature of these contracts: are they classified under administrative contract or are they categorized as private law contracts? The main purpose of this research is to analyze the legalnature of these contracts.

The research concludes and affirms administrative nature of the concession contracts concluded by States in accordance with the BOT system. These contracts require:

A- Administrative authorizations

b- Their procedures are lengthy …

Electronic Distribution Of Goods And Services: The Impact Of The Internet And Competition Law On Distribution Networks Part I, Shareef Mohammad Ghannam

UAEU Law Journal

In the past, producers resorted to the method of selling directly to consumers. At that time, the producer was close to the market and was aware of the consumers' needs and requirements. Thereupon, the producers performed the role of both producers and distributors; however, due to the growth of consumers' needs on the one hand, and the progress in production techniques, and the development of transport means and communications on the other hand, producers looked for new, domestic and external markets for their goods and services. This lead to the producers' need of specialists, called distributors, who were given the …

Electronic Distribution Of Goods And Services: The Impact Of The Internet And Competition Law On Distribution Networks- Section Two, Shareef Mohammad Ghannam

UAEU Law Journal

Technical regulations are not enough measures to provide lawful protection of goods distribution networks when it comes to electronic distribution. There is a need for other regulations that aim to regulate processes within the network and outside it, i.e. internally and externally. In fact, distribution contracts include a personal consideration. The distributors are chosen according to conditions and standards which aim to represent the network and respond to consumers' needs, so the network works as one entity. The nature of the relationship between the supplier and the distributor dictates that the first party imposes a group of conditions and restrictions …

The Effects Of Trading Companies’ Invalidity, Yousef Abdullah Al-Khadair

UAEU Law Journal

This research deals with the impact of the invalidity of trade companies, companies’ partners and others, and the rules that must be followed once invalidity has been established. The study is divided into three parts and the first part deals with an introduction, and the second part is divided into three sections on Trading Companies' invalidity aspects and the third part deals with a conclusion. The introduction deals with the importance of the subject, and the first section deals with the effect of the invalidity of the company on the company, partners, and those with dealings with the company. The …

The Civil Liability Of The Liquidator In The Case Of Compulsory Liquidation Of Public Companies: A Study Of The Jordanian And Emarati Law, Mansour Saraireh

UAEU Law Journal

This research studies the liquidator’s civil liability in the case of compulsory liquidation of a public limited company and the contracts which were concluded by the company before liquidation.

This study is important since it determines exclusively the cases of the liquidator civil liability as a result of the increased number of liquidations in the international trade system and its reflection on the economy of the developing countries. To fulfill the aims of the study, the research study is divided into three parts: the first part discusses and evaluates the preliminary liquidator’s authority and administration of said liquidation, while the …

The Application Of The Legal Framework Of The Commercial Shop On Electronic Ones A Comparative Legal Study, Dr. Rasha Hattab, Maha Khasawneh

UAEU Law Journal

The Internet has recently witnessed widespread usage to the extent that it has become one of the most important commercial distribution channels, and has, therefore, turned to be a phenomenon that cannot be ignored. Statistics show a growing number of Internet users shopping online at both local and international levels. Web sites are classified into two categories: informational, which aim at the exchange of information of different nature (cultural, media, advertisement, legal, administrative, recreational and commercial), and commercial websites which aim at trading across the electronic network. This research is concerned with studying these commercial Internet sites which can be …

The Legal Classification For Transfer Of Securities Ownership In The Stock Exchange, Hussein Tawfiq Faidhallah, Dr. Hiwa Ibrahim Qader

UAEU Law Journal

The process of securities trading is, in fact, a process of sale and purchase of these securities. These papers, regarded as identical movables, can replace each other if they are of the same type, version, and currency. This is quite common in securities. Regardless of the consideration of the security from identical or valuable movables, the majority of comparative regulations governing the trading of securities on exchanges, including the Iraqi law, have required that the securities be designated and deposited with the market. It is also required from each of the converter and the transferee to hold an investor number …

Family Endowment Of Shares In Joint Stock Companies; Legal Jurisprudential Study, Majed Al-Marashdeh

UAEU Law Journal

This study aims to demonstrate the importance of the investment of Family endowment of shares in joint stock companies. This is meant to be done through highlighting two aspects, the importance of this type of investment and the goals that could be achieved serving the purpose it was set for. Towards this end, this study is to show the possibility of investing the family endowment funds in the joint stock companies by setting the doctrinal basis of the family endowment, which shows its doctrinal and legal conditions. It also discusses investing the funds of family endowment in the stocks in …

The Evolution Of The Concept Of The Custodianship Contract In Light Of The Removal Of The Securities’ Material Character - A Legal Study From The Jordanian Legislation Prospective, Dr. Ahmed Qasim Farah, Dr. Rasha Hattab

UAEU Law Journal

The removal of the Securities’ material character and the adoption of the Central Depository system brought about an important evolution of the concept of Custodianship Contract which is considered as one of the most important services rendered by financial markets’ practitioners and professionals. This study aims to illustrate the effects of such removal and the consequences of transforming these securities from certain paper certificates into identical electronic journal entries. On one hand, this evolution raises several questions relating to the impact of such abolition on the legal nature of the securities subject to the said contract and the legal characterization …

Trademark Ownership Of The Store Between The Seller For The Buyer: A Comparative Study, Omar Falah Alatine

UAEU Law Journal

This study aims to shed the light on the trademark as one of the moral elements that promote in the commercial store and the extent of the ownership of that mark between the store vendor, who did not mention it during the sale of the trademark, and the purchaser (the new owner), who considered the trademark is an integral part of the sale process, leading the purchaser to use such a trademark. Moreover, the study highlights and addresses the arguments and evidences that support the view of each party in terms of the ownership of the trademark. This article is …

Legal Aspects Of Brand Mortgage: A Comparative Study, Hussein Tawfik Faid Allah, Nasser Khalil Jalal

UAEU Law Journal

This article studies the legal aspects of the brand mortgage from the premise its primary purpose is to serve as a legal tool for the brand owner to obtain finance products necessary for the management and development of the owner’s project. Therefore, it is necessary to amend the laws to permit the brand owner to mortgage his brand with his business as collateral [or independently] in order to achieve the purpose of the mortgage.

If we take into account the special nature of trademarks as immaterial rights and the consequential difficulty of transferring possession to the mortgagee, it does not …

Use Of Unregistered Trademark And How To Protect It, Jamal Talal Al-Naimi, Omar Falah Alatine

UAEU Law Journal

This study aims to clarify issues related to the use of the trademark, particularly the one that is unregistered, both in terms of the concept of trademark use and conditions of its existence, especially that it may be the subject of a dispute with another trademark, which is of the same grade as the former, or a registered trademark meeting all the legal, substantive, and formal requirements by law to grant it protection against imitation and fraudulent activity. In the context of a dispute, which trademark has priority in protection?

The research is conducted in light of the provisions of …

Towards Enhancing The Shareholder's Right To Control The Management Of The Public Shareholding Company, Ahmad Qasim Farah

UAEU Law Journal

The control of the management and functioning of the Public Shareholding Company is one of the most important rights given to the shareholder, who can exercise this right, individually or collectively, through the Company's General Assembly. To be able to exercise his vital right, the shareholder should be informed of the Company's administrative and financial situation. Hence, the shareholders' information right has been always enhanced by the Comparative legislations through diversifying and expanding its means and scope.

However, by analyzing the provisions of U.A.E Companies Law, it was clear that these provisions are insufficient for the effectiveness of the shareholder's …

The Provisions Of Security Cheque From The Perspective Of Commercial Law, Alaa Al-Nuaimi

UAEU Law Journal

Like other negotiable financial instruments, cheques are subject to commercial legal rules, which protect these bills to ensure trust, simplicity, and fast circulation and transmission. Unlike other bills, the cheque has a criminal protection in addition to its commercial protection. This is the reason behind using cheques as a security bill, although in its origin, it is just a payment instrument not providing any credit to the payee. Moreover, some cheques are used as security cheques with no intention to pay its facial value. Security cheques raise many questions about the applicable legal rules, since it is a negotiable bill …

Protection Of Human Rights At The Commercial Companies Between International Principles And National Laws Of The Sultanate Of Oman, Amel Kamel Abdallah

UAEU Law Journal

declares sources and contents of the obligation of respecting human rights imposed on business enterprises by initiatives of international organizations. Many violations of human rights had committed by Multinational companies, accordingly, international organizations, especially United Nations, tries to draft rules balancing between company’s desire of profit and ethical commitments. The most important rules in that field stated in the framework drafted by the special representative of UN Secretary General on the issue of human rights and transnational corporations and other business enterprises – John Ruggie (Ruggie Report 2008) .The Guiding Principles of Ruggie Report on Business and Human Rights Implements …

The Legal Status Of The Shipper In Light Of The Rotterdam Rules Of 2008, Imad Al-Din Abdel-Hai

UAEU Law Journal

The Rotterdam Rules of 2008 focused on the fundamental goal of creating a balance between the interests of the shippers and the interests of the carriers, after both sides complained about the Hamburg Rules of 1978 and the Treaty of Brussels of 1924 for the reason of the tendencies of each party at the expense of the other. The Rules developed many legal texts under the necessity of development and modernity in transport rules, starting with the change of the concept of the contract of carriage, passing through the documents and electronic data transfer and to determine the responsibility of …