Law Commons^™

Nature, Types, And Effects Of Agency Under The English Law: A Comparative Study, Younis Salah Eddin Ali Dr.

UAEU Law Journal

The agency is considered as one of the legal systems contained in the English common law, which is based on the customary rules and judicial precedents of the English courts. And depended, to a limited extent, on the legislations enacted later. This means that it is one of the legal systems which is characterized by its customary and judicial origins. It is worth-mentioning that the nature of the agency in the English law differs according to whether the agent enjoys the required contractual capacity or not. If he or she does so, it can be regarded as an agreement concluded …

The Right Of Khiyar Al-Naqd In Transactions Of Islamic Banks, Prof. Dr. Mohammad Othman Shebair

UAEU Law Journal

The Subject of Khiyar Al-naqd (The right given to both the seller and the Customer to Carry out the Contract or to cancel it ), within a period of time is one of the important subjects in current financial transactions. This is quite clear when we know that Islamic banks need it and depend on it in their economic activities. This research treats the reality of (Khiyar Al-naqd), the views of jurists on this subject, the conditions of its application in contracts, its effect on contracts, and finally how it can assists in the transactions of Islamic banks transactions. This …

Definition Of Tenancy Contract In Islamic Fiqh And Arabic Man-Made Legislation-د. محمد علي عبد الرحمن وفا

UAEU Law Journal

The chosen definition for tenancy contract i n Islamic Fiqh is: "to pass a certain benefit into one's possession in ret urn for a certain con­sideration". We say 'to pass a benefit into one's possession" to show that tenancy is to pass benefits into one's possession, unlike selling which is to pass. Subject of selling in to the purchaser's possession. We also say: "a certain benefit” to show that the benefit, contracted upon in the tenancy contract must be provided with certain conditions. It should be legal, aimed at, well-k now n, easy to hand and owned by the landlord. …

The Concept Of Non-Present Subjects In Light Of Emirates Civil Transactions Law And Islamic Jurisprudence, Prof. Jassim Salem Al-Shamsi

UAEU Law Journal

The introduction explained the meaning of this title and that the intrinsic purpose for its selection is due to the fact that the Transactions Law was affected by its original source which is the Islamic Legislation Jurisprudence.

In Part (1) I have discussed the effects on the contract due to the absence of contracted goods.

My first topic covers the effects on the contract due to the absence of contracted goods in the denominations of Islamic jurisprudence from the points of prohibiting and permitting citations evidence in legislative references, the "possible" concept of Malkiah and their followers concerning either the …

Must The Idea Of A Vitiated Contract Be Retained In The Jordanian Civil Code And The Emirati Civil Transactions Act?

UAEU Law Journal

“Jordanian Civil Law” and the “law of Financial Dealings” of theUnited Arab Emirates, have chosen to follow the Hanifite Doctrine and to adopt the concept of the “Vitiated contract” - “Al-Aqd Al- Fasid”. This concept has been highly commended by some modern legal writers: they underlined the dynamism of the theory of the “Vitiated Contract” and its ability to avoid the demolition of the contract for some defects which are note worthy of destroying the whole convention.

Through our research, we can affirm that the adoption of this theory has disrupted the legal ordering of the contract especially that part …

Effect Of The Consumer's Choice To Revoke The Contract On Determining The Moment At Which The Contract Is Concluded, Yousef Mohammed Shandi

UAEU Law Journal

The choice to revoke the conclusion of a contract is one of the most important guarantees of a complete consent in contracts. It allows consumers a chance to contemplate and consider carefully the contract before they announce their final acceptance thereof. Despite the paramount significance of this choice in relation to the consumer, it raises a complex legal problem regarding the determination of the moment of concluding the consumer contract, which is associated with the choice to revocation. A legal school deems that such a choice takes effect immediately following the exchange of consent even before the period of revocation …

The Bank Civil Liability Regarding Consumer Loans Toward Debtor: A Study Based On Kuwaiti And French Law

UAEU Law Journal

Long ago, the French courts did not hesitate in recognizing the bank's liability toward its debtor based upon its failure to warn the debtor especially when the loan did not fit the debtor's financial ability. As a result of that judicial precedent, the French legislature, recently, adopted the bank's responsibility towards its debtor in providing the loan in the Consumer Protection Act. Therefore, when a contract is concluded between a professional and a consumer (Consumer Loan Contract), the bank is obliged to clarify all financial details to a consumer (debtor). In addition, the bank is obliged to verify the consumer's …

Validity Of Contract Law Applicable To Unilateral Acts Within A Conflict Of Laws., Firas Kasassbeh

UAEU Law Journal

The law makers and jurists have never shown clear interest in the issue of the law applicable to unilateral undertakings (acte juridique unilatéral). This is the case under Jordanian law despite the fact that unilateral undertaking is deemed under one of the general sources of rights (obligations). Accordingly, it shall be assumed that the general rule shall be subject to the same provisions that are applied to contracts, and therefore, it shall be applied to unilateral undertakings, including those relating to conflict of laws that govern this issue.

This study explores the extent to which the law applicable …

Intelligent Agent From A Legal Perspective: A Technical Evolution Or A Reversal Of The Rules?, Firas Kasassbeh, Nabila Kurdi

UAEU Law Journal

The new technology has generated a very complicated computer program called "the Intelligent Agent". At this moment, this program can be deemed one of the most important achievements that information technology has reached. This is because it can work independently when fulfilling the desires of its user. Therefore, it is expected that it will play a great role in enhancing the freedom of trade and easing of the communication throughout the world.

A considerable debate has been going on since the emergence of this new technology, which may cause to change the original concept of the contract. The characteristics of …

Legal View Of The Domain Names’ Registration Contract, Fayez Mohammed Al Nusair, Bashar Talal Al Momani

UAEU Law Journal

The importance of the Domain Names has exceeded the importance of any other distinctive mark due to its cross borders nature. The Domain Names Registration Contract is an electronic contract. Therefore, it raises several legal questions such as the effectiveness and validity of the traditional provisions of the contract, especially when it is related to consumer protection. Another question that is raised is related to the international nature of this contract, which obliges us to deal with the private international law. There is a legislative absence in this concern, thus; it is a must to study the general rules of …

Exchange Of Credit Information Contract: Concept And Legal Nature: Comparative Study, Zaala Said Yahya

UAEU Law Journal

During the recent financial crisis, credit information companies arise as a critical mechanism to resolve issues especially as it deals with collecting and analyzing credit information about the consumers, who in turn, request the credit from the providers such as banks and financial institutions. These companies, whereupon its part, conclude an agreement for exchange credit information with credit providers themselves, as a prelude to granting the credit to consumer or not. Accordingly, the importance of exchange credit information contract reflects in terms of being characterized by several features that distinguish it from other kinds of contracts.

By comparing several laws …

Crimes Against Electronic Signatures In Saudi Law, Osama Ghanem Alobaidy

UAEU Law Journal

The communication and information era revolution in tandem with the technological development resulted a great increase in electronic business transactions. Electronic signature technology, which is necessary to authenticate electronic transactions, has been vital in achieving this development. People are using the internet to buy goods and services of all sorts and kinds.

Business transactions, which often require negotiations, a lot of money, and complicated contracts, electronic signatures can render the contract legal, valid, binding, and enforceable.

Businesses want to contract electronically for practical reasons, such as more efficient transactions and reduction of paperwork; in addition, electronic contracting can save money …

The Legal Aspects Of The Contract Between Web Hosting Companies And Clients Study On The Uae Legislation, Murad Mahmoud Almawajdeh

UAEU Law Journal

This new research deals with the Legal Aspects of the contract between the Web hosting companies and clients, especially that the Emirati Legislator did not regulate this issue in depth, principally the terms of its establishment, its obligations and commitment to the client owner of Website Hosted and its responsibilities and the contacts with clients. Therefore, we have to go back to the general rules of the Emirati legislation to apply it on these companies and contacts. It has be shown through this study that the application of the general rules of law in the area of tort liability of …

Determination Of Descent And Inheritance By The Heir Through Genetics In Islamic Jurisprudence With Reference To The Uae Personal Status Law, Aref Hassouneh

UAEU Law Journal

A man may marry a woman by a verbal contract and then abandon his wife and child back to his country to remarry and create a new family; forget his first family. A man may marry a second wife secretly from his first wife and children, so that no problems will arise, and the man may have a son of adultery recognized in the disease of death in front of his legal children, and then die. In such cases, the heir may appear unknown, then some of the heirs recognize him and others deny him. What is the ruling in …