Law Commons^™

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 …

The Concept Of Trade Secrets And The Conditions Of Their Protection As An Intellectual Property Right, Mohammed Hassan Abdullah

UAEU Law Journal

The protection of trade secrets as a right of intellectual property in the comparative legal system has been established. The research presented the concept of secrets and the Moh conditions of their protection and made recommendations to the Emirati legislator to adopt their protection, taking into account the right of society to seek knowledge of autonomous self-efforts and the right of the worker to develop his knowledge and abilities.

Legal Controls For Credit Rating Agencies Legal Study According To The Uae Legislation, Murad Almawajdeh

UAEU Law Journal

The issuance of Federal Law No. (6) for the year 2010 on the credit information and the decision adopted by the Cabinet Resolution No. (16) for the year 2014 regarding the executive regulations of this law, represents an significant step on reducing the risk of credit. Consequently, this law has required the establishment of particular companies to collect, catalog, preserve and trading of credit information about people, potential borrowers in order to give accurate information and documented financial position about them before making a decision by the banks to finance different financing institutions.

The legislature of the United Arab Emirates …

The Penal Legislative Policy Regarding Fraud In The New Uae Companies Law: A Comparative Study With The French And Kuwaiti Laws, Dr. Hussein Bouaraki

UAEU Law Journal

The crime of inflating in-kind shares and the crime of distributing fake profits is criminalized by an act of fraud and deceit that is encapsulated in a core activity of corporate activities. Due to their importance, UAE and Kuwaiti lawmakers organized these crimes with their respective corporate laws. This crime deals with important matters about the applicability of the crime to the assessment of the rights of contribution. The main issue is the extent to which criminalization is applicable in the light of Article (11) of the Kuwaiti Companies Law, which permits exaggeration if it does not reach 10% according …

Comparative Advertising And Its Legitimacy: A Comparative Legal Study, Dr. Bakhtiar Saber Bayez

UAEU Law Journal

Commercial comparative advertising is that advertising which is exposed to someone who is competitor or exposed to goods or services offered by the competitor , and that advertising will not be project unless if it was impartial and honest and does not aim to harm a third party, whether if he was merchant competitor or an ordinary consumer, that means the relationship between commercial advertising and comparative mislead the consumer is not inevitable and is not correct to connect between them in all cases, but on the contrary, we believe that the presence of commercial comparative advertising elucidate the way …

The Uae Legislator Organizes The One Person Company In The Uae Federal Companies Law No. (2) For The Year 2015, Dr. Muayed Obiedat

UAEU Law Journal

This study addressed the most important issue, which is organizing by the Emirati legislator for one Person Company in federal corporate law no. (2) For the year 2015, and its importance is reflected in the fact that this subject is one of the most important legislator introduced by the amendments to the previous law.

And highlights the problem of this study is that despite the fact that the UAE legislator has organized legal provisions relating to this company, but some were ambiguous, and that when organized its provisions has emerged as a clear difference between them, according to the shape …

Legal System For Electronic Payment Service: An Analytical Study Of The Iraqi Electronic Payment Of Funds, Act No. 3 Of 2014, Dr. Akram Hussein, Dr. Rabab Kashkool

UAEU Law Journal

In line with the requirements of e-commerce, new means of payment of Funds have emerged, based on the creation of an electronic version of the money that allows the electronic transfer of funds through which people can meet their cash commitments from their places of origin and very quickly known electronic payment tools. These tools are used in conjunction with licensed entities to provide electronic payment services through electronic payment of Funds contract.

The Iraqi legislator has realized the role of electronic payment of funds in facilitating the fulfilment of financial obligations. Therefore, in an advanced step to regulate the …

Forced Sale Of Shares Of The Underwriting Beneficiary In The Joint Stock Company: A Comparative Study Of Syrian And Emirati Laws, Moataz Bellah Al-Eneid

UAEU Law Journal

When establishing a Joint-stock company, the founders may decide to divide the value of the shares into a number of installments, but there will be a chance that an investor (shareholder) or number of investors might default in payments of their shares, leading the corporation into financial difficulties, and if the company decides to take the regular legal method to oblige each investor to pay his debt via a law suit, it will end up wasting too much time, effort, and money on that, which contradicts with the commercial requirements that are based on speed and credential. as to this …