Law Commons^™

The Relationship Between Seaworthiness And The Duty Of Disclosure Under The Marine Insurance Contract: An Analysis Of Uae, Us And English Law, Dr. Derar Al-Daboubi

UAEU Law Journal

This article examines the influence of seaworthiness of ship on the contract of marine insurance. Through the discussion the author will thoroughly analyse the relevant provisions of English, US and UAE Law. The article will start with an introduction on the seaworthiness of vessel and then, the obligation of seaworthiness of ship that will be examined under the rules of the contract of carriage of goods by sea. The examination in this part will be dedicated to the relevant rules of contract of carriage of goods by sea under English law which adopts the Hague-Visby Rules and US law that …

Right To Informational Self-Determination As A General Civil Right: Analytical Study Of The European Regulation For The Protection Of Personal Data And The Provisions Of European Judiciary, Dr. Mohammed Hasson Ali

UAEU Law Journal

The research discussed the right to informational self-determination as a general civil right, which was inaugurated through the work analyzed by the European regulation of personal data protection under the European judiciary.

It was defined as the human right to control and monitor the processing of his personal data under a contractual or legal bond.

It included many properties, the highest of the importance of which:

The right of the subject to access his processed data, The right to transfer it, The right to correct it, The right to delete it ( the right to be forgotten), The right to …

The Novel Coronavirus Pandemic Between The Theories Of Emergency Conditions And Force Majeure And Its Impact On Contractual Obligations A Comparative Study In Islamic Jurisprudence, Prof. Hosni Mahmoud Abdel Samad

UAEU Law Journal

This study revolves around an old and renewed topic, which is: the new Corona epidemic between the two theories of emergency conditions and force majeure and its impact on contractual obligations, a study in comparison to Islamic jurisprudence. The study addressed this topic, through an introduction, three sections, and a conclusion. The introduction contained the introductory topic, the problematic of the topic, its importance, the reasons for writing it, the methodology used in writing it, and its pl

The first topic dealt with defining the vocabulary of the title (Corona epidemic, the theories of emergency conditions, force majeure - impact …

In-Kind Execution Of Contractual Obligations: Rule And Exceptions Under The Unidroit Principles And The French Civil Code, Dr. Yousef Mohammed Shandi

UAEU Law Journal

This research deals with the principle of in kind execution of contractual obligations and the exceptions thereto under the 2016 UNIDROIT Principles and the provisions of the French Civil Code created by decree of 10 February 2016, which amends the Law on Contracts and General Provisions and Proof of Obligations. Both the UNIDROIT Principles and the French civil law establish the principle of in kind execution; it applies to all types of contractual obligations. Nevertheless, the UNIDROIT Principles state five exceptions to this principle, namely: when performance is impossible in law or in fact; when performance is unreasonably burdensome or …

Cases Of Lifting The Swiss Banking Secrecy In Financial Crimes, Dr. Marwa Youssef Elbesiky

UAEU Law Journal

Banking secrecy is the most important obstacle facing the disclosure of financial crimes especially corruption and tax crimes where criminals commit corruption, theft, embezzlement, and tax evasion crimes and deposit their assets in countries that have strong banking secrecy provisions such as Switzerland in order to hide their illegal assets. Recovering those assets from Swiss banks which have strong banking secrecy, an issue that demands further exploration, is something that this research intends to undertake.

In this regard, this paper will analyse the Federal Act No. 955 of 1997 on Combating Money Laundering and Terrorist Financing in the Financial Sector. …

Towards The Application Of Artificial Estimation By The Public Administration In Government Sectors, Dr. Amira Badr

UAEU Law Journal

Due to the extraordinary emergency conditions that countries face and affect the performance of administrative authorities and their ability to provide services in public facilities, there is no doubt the emergency conditions that the world is witnessing at the present time, such as the Corona pandemic, has established the necessity towards the development of administrative authorities’ agencies for their digital utilities. And the use of artificial intelligence technologies and their development to enable them to make an administrative decision instead of the human employee.

Then the question arises: Can we, in light of the technological developments that we live now, …

Problems Of Conflict Of Laws On The Issue Of Inheritance Between Those Of Different Religions Under The Algerian Law: Analytical Study, M’Hamedi Bouzina Amina

UAEU Law Journal

What is established in Islamic law is the non-permissibility of inheritance between the Muslim and non-Muslim, which is also the case in the Arab laws, including the laws of countries that define the sectarian diversity of personal status; as in Egyptian law through Article VI of Law No. 77 of 1943 On the inheritance of non-succession between the Muslim and non-Muslim, which was followed by the Lebanese law of June 23, 1959, but if we return to the Algerian law, we find that he did not establish a base of attribution on this issue, and in the absence of a …

Judicial Applications Of The Rule “Lesson In Contracts Is For The Purposes And Meanings Not For The Words And Premises" In The Egyptian Civil Law And The Perspective Of The Uae Civil Transactions Law, Dr. Tahani Hamed Abu Taleb

UAEU Law Journal

In this research, I tried to verify how the Egyptian Civil Law deals with the rule “Lesson in Contracts is for the Purposes and Meanings not for the Words and Says" which explains the contradiction between wordings of the contract and the real intent of the contracting parties, because it affects the parties’ obligations. For that purpose, understanding the rule from its origin (The science of the general rules of the jurisprudence) understanding its applications and verifying how other legislations deals with it is a must.

Although the Egyptian civil law has not mentioned this case, I tried to find …

Legal Protection For The Safety Of The Traveler In Commercial Space Flights: "A Study In Uae Law Comparing International Treaties And American Law", Alaa Yakoob Yousif

UAEU Law Journal

Commercial Space flights are no longer a fantasy. They are a promising reality, as they can be a means of transportation that will shorten time in the foreseeable future. While in their early steps, those flights undoubtedly need legal rules that support their existence and ensure their continuity. One of the most important rules are those regulating the legal protection of space flight parties, service providers and flight participants. This research deals with those rules, examining the concepts and exploring the regulations that could achieve such protection in the context of international treaties and national laws. Since the Emirati legislator …

Forms Of Expression Of Will In Constitutional Texts Regulating Rights And Freedoms And Its Impact On Their Guarantee: A Comparative Study), Dr. Fatima Zohra Ramdani

UAEU Law Journal

The study presents the problem of multiple method of expression in drafting constitutional legal rules related to the rights and freedoms of individuals, because the good constitutional rule simplifies the difficulties related to understanding and applying them, and spreading legitimate confidence in the legal system of the state, which results in protecting the legal framework in which individuals and state authorities interact alike the objective of the state of law.

The recherche revealed that the multiplicity of methods, and how to provide for rights and freedoms has two butt: the first hand is demonstrates the interest of the constitutional founder …

The Status Of The Saudi Political System Among Contemporary Political Systems: A Comparative Study, Nashmaih Mohammad Al-Otaibi

UAEU Law Journal

This study has dealt with explanation and analysis of the position of Saudi political system among contemporary political systems. This necessitated dealing with the relationship among authorities in Saudi political system, in addition to verification through investigating in relationship among authorities in general. The research depth of this study lies in discussing the legal adaptation of Saudi political system through investigating its distinctive characteristics, then comparing it to other contemporary political systems in order to recognize conformity of description with anyone of them.

The study indicated the uniqueness of Saudi political system in obvious, stable characteristics that make it a …

Features Of The Demise Of The Theory Of Sovereign Acts In The Field Of Judicial Review Over Enforcement Of International Treaties, Sofiane Abdelli Judge, Phd

UAEU Law Journal

The theory of Sovereign Acts (acts of state) is a real departure from the principle of legitimacy and the state's submission to the law. The French Council of State invented this theory only to protect its existence and competence from the government's reaction on the eve of the return of the monarchy, it was only to fortify some of its acts from its control and to courtesy the government through its rulings.

However, the orientations of the State Council in its early stages have known many transformations, especially in the area of limiting the effects of the implementation of that …

Administrative Settlement Of Tax Disputes: (A Comparative Study Between The Emirati And The Egyptian Legislations), Dr. Mohamad El Shafie, Ahmed Aldalgawy

UAEU Law Journal

Contemporary economic, financial and political developments have imposed on the UAE the necessity of adopting an appropriate tax policy from 2016 to contribute to enhancing its financial revenues and keeping the balance of its public budget. In this context, UAE issued the Tax Procedures Law No. 7 / 2017 to lay down the rules regulating tax disputes. This study aims to discuss and analyse the administrative means established by law to settle tax disputes, compared to the similar Egyptian taxing legislations, so as to ultimately reach an optimal situation for resolving such disputes. This study consists of two sections, the …

Civil Liability For Unconventional Damages In Maritime Accidents: A Comparative Study Between The Egyptian And Emirati Legislations, Dr. Abdul-Rahman Salem

UAEU Law Journal

Maritime accidents in general, and non-traditional ones in particular, occupy an important rank among other types of accidents due to the evolution of the role of the machine, including ships, as well as the scientific development of the marine field and the surrounding environment, and we will focus our research on non-traditional marine accidents. Trying to establish an appropriate definition thereof, defining their scope, limiting their species and types of the damages resulting from them, whether related to the marine environment or other environments or human in any of them.

Then we try to find a suitable legal basis for …

Unpermitted Hajj: Its Provisions And Islamic Jurisprudence Effects, Asma Salmeen Al-Aryani

UAEU Law Journal

The present study dealt with the unpermitted hajj artfulness, and the pilgrim`s breach of his requisite. This research also elaborated on the juristic judgements and effects related to this problem.The juristic judgements discussed in the present study pivoted around the judgement on the pilgrim`s unpermitted hajj, and on the pilgrim`s artfulness to get the hajj permission. The effects of this phenomenon were viewed from two perspectives: firstly, the effects of prohibiting the pilgrim from the unpermitted hajj subsequent to the absolute Ihram (unconditioned by the removal of Ihram) and after the Ihram that is conditioned by the removal of Ihram. …

Settlement Of Disputes Arising From Documentary Credit Under National And International Regulations, Dr. Hoda Magdy Nour

UAEU Law Journal

The need Settlement of disputes arising from bank credit between national and international rules, protecting the interests of the bank and ensuring its financial rights before the debtor.

As the Bank faces different technical and legal difficulties, as well as the multiplicity of legal adaptation, we deal with the rules governing banking accreditation from the point of pleadings law, and the methods of amicable settlement of these disputes and following, and compulsory execution.

International efforts are taking the lead in establishing the technical regulation of bank accreditation and setting rules "DOCDEX" in 1997, and the 2015 amendments, which still need …

Legal Evaluation Of The Regulation Of The Unified Motor Vehicle Insurance Policy: A Comparative Study, Dr. Issa Ghassan Al-Rabdi

UAEU Law Journal

The need Settlement of disputes arising from bank credit between national and Vehicle accidents pose a great danger to people's lives and property, which is why, decades ago, the United Arab Emirates turned towards the path followed by the vast majority of Arab and foreign countries, which is the regulation of compulsory insurance on the civil liability of vehicle accidents.

The Board of Directors of the Insurance Authority issued the unified vehicle insurance policy issued under the system of unification of vehicle insurance policies under Resolution No. (25) Of 2016. This document is a legal system, amending Ministerial Resolution No. …

Misperception In The Matter Pending On A Condition: Extract From The Book “Garden In The Eye Of The Beholder And Paradise Of The Overseer“ (Rawdat Al-Nazir Wa-Jannat Al-Munazir) Authored By The Scholar Ibn Qudamah (Deceased The Year 620 H), Dr. Radwan Abdul Rab Saif Al-Sururi

UAEU Law Journal

There were certain texts that were understood in a different interpretation, and it follows that the winds of understanding came with what the conclusion ship does not desire.

The looking for this texts is reflected by the researcher in a series of researches, whose mission is to correct the course of thought, which the text has received on the order of corrupt introductions, so review it on an unintended understanding.

Perhaps the researcher turned to the text itself, so perhaps it what made others disorientation.

This research represents the forefront of these texts that are considered in the book “Rawdat …

The Right To Happiness Between Legal Basis And Judicial Practice: A Comparative Constitutional Study, Dr. Tarek Abo El Wafa

UAEU Law Journal

happiness, in fact, is something that is sought inside the man’s body, which makes it searched for and studied as a psychological and philosophical matter, not a legal one. However, this matter is aroused in the western legal jurisprudence a long time ago in terms of acknowledging it as one of the human rights. In reality, we can say that the supposed purpose of every law and every right embodies in achieving happiness for man. In other words, we can say that law and right are originally created for man’s happiness.

In this research, we tried our best to tackle …

Interpretation Of Concepts From Secondary Issues Based On The Hanbali School Of Thought And Its Applications, Dr. Khalid Al-Harbi

UAEU Law Journal

This study dealt with the interpretation of concepts from secondary issues based on the Hanbali school of thought and its applications. The researcher examined details related to the truth of science, its pillars, the sciences similar to it, its origin, the conditions for graduation by the jurist and the branche issued based on it, and he mentioned Hanbali terms and methods of graduation with contemporary applications.

The researcher found the appropriate meaning for graduating the branches on the branches, determining the year of the emergence of the graduation science, stating the most famous types, and the methods of referencingg and …

Recovering The Proceeds Of Corruption: A Study On The Effectiveness Of The Implementation Of The United Nations Convention Against Corruption (Uncac), Dr. Salwa Yousef Elekyabi

UAEU Law Journal

Recovering the proceeds of corruption is a relatively new topic in international law. The United Nations Convention against Corruption (UNCAC) marks the first international instrument to deal with the recovery of assets in depth. Therefore, the related provisions to the recovery and return of the proceeds of corruption to their origin countries, from which they were looted, were very welcomed among the delegations participating in the preparatory conferences for the development of the UNCAC convention. This paper examines and analysis the provisions relating to assets recovery as stated in the UNCAC, to assess the extent of their effectiveness in enabling …

Arbitration In Concluded Securities Exchange Trading Contracts Between The Financial Intermediary And The Investor In Light Of The Uae Law, Dr. Ramzi Madi, Samer Al-Maaytah

UAEU Law Journal

With the growing role of financial brokers in securities exchange trading operations in stock markets and their monopoly of buying and selling securities for the account of investors in the financial markets, this has led to the emergence of many disputes between financial brokers and their clients resulting from buying and selling orders for the purpose of concluding trading operations issued by the investor for financial intermediate.

Because of the technical nature of securities exchange trading operations, many countries have sought to find appropriate means to settle such disputes of a special nature, and found that arbitration is one of …

Criminal Protection Of The Image Of Person In Human Rights: A Study In The French, Bahraini, And Libyan Legislations, Dr. Mashallah Othman Muhammad

UAEU Law Journal

Individual or personal freedom is a basic and important requirement of the human being in various peoples and throughout the ages. The person has taken a long march of struggle and struggle to defend and protect it, and this has been demonstrated in the affirmation of personal freedom and the rights associated with it in various legislations around the world.

At the forefront of those rights is the human right to prohibit the image and not to take it, publish it or use it without its consent.

The risks to this right have increased with the scientific and technological progress …

Penal Order: A Comparative Study, Dr. Ameen Dahmash

UAEU Law Journal

Criminal courts suffer from the problem of accumulating cases and slow litigation procedures, and among the most important factors leading to this is the large number of people committing minor crimes that fall within the scope of misdemeanors and offenses. Alternatives penal order. Most of the legislations make the issuance of a criminal order in the hands of the summary judge at the request of the public prosecution. However, other legislations make issuing a criminal order the responsibility of the public prosecution instead of the judge, and this represents an addition to alternatives to a criminal case, and an improvement …

The Arbitration In Urgent Matters In Light Of The Comparative And The Uae Laws, Prof. Sayed Mahmoud Ahmed, Dr. Mahmoud Fayyad

UAEU Law Journal

The interim protection for legal rights is one of the methods of judicial protection that avoids the risk of delay in the implementation of the law and in providing objective protection for these rights and centers, as well as to preserve them from this risk by taking urgent, temporary or conservative measures by issuing judgments or orders. Therefore, the aim of this research is to answer the following questions: does the arbitrator have the right to consider interim requests to achieve this protection, and if yes what is the legal base of this authority? What are the authorities of the …

Contracting For Academic Fraud The Concept And The Imperatives For Criminalization, Prof. Safaa Otani, Prof. Wael Mualla

UAEU Law Journal

The increasing demand for higher education was a double-edged weapon. Although it resulted in undeniable positive outcome such as universities' pursuit to develop their performance as well as their academic quality standards, there were, also, undeniable abuses among students. The expansion of the Essay mills has contributed to the transformation of cheating into an industry. Many students were tempted to contract others to write and submit their university essays as their own work, resulting in the emergence of the phenomenon of "Contract cheating", which poses a serious threat to the quality and standards of higher education throughout the world.

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 …

The Roles Of The Creditor And Debtor In The Settlement Process Of The Debtor's Financial Obligations Under The Debtor's Insolvency Law No. 19 Of 2019, Pierre Mallet

UAEU Law Journal

The UAE Cabinet approved a federal law to regulate cases of insolvency of natural persons or individuals. In 2016, the UAE government had adopted a similar insolvency law for companies which was widely welcomed by businesses and financial institutions. The legal framework for insolvency for both companies and individuals are expected to improve the competitiveness and the ease of doing business of the UAE. Debt restructuring for individuals under legal protection is widely seen as a great step forward in helping those who are unable to pay their debts from going bankrupt. “The approval of a new federal law to …

- د. خليفة بابكر الحسن تقرير عن ندوة المسؤولية الطبية في الشريعة والقانون

UAEU Law Journal

أقامت كلية الشريعة والقانون في إطار نشاطها الفصلي في الفصل الدراسي الأول ندوة عن المسؤولية الطبية في الشريعة والقانون

يوم الثلاثاء 27 ربيع الثاني 1409هـ الموافق 6/12/1988 بقاعة المسرح بالمعهد الإسلامي بالجامعة واشترك فيها لفيق من أساتذة الكلية في الشريعة والقانون بالغضافة إلى طبيب أخصائي من مستشفى الجزيرة بأبوظبي تولى تقديمها الأستاذ الدكتور رمضان السيد علي الشرنباصي رئيس قسم الشريعة الإسلامية بالكلية .

السمات القانونية لاتفاقية مكافحة جريمة إبادة الجنس البشري في القانون الدولي العام - د. سعيد محمد باناجة

UAEU Law Journal

هذا ما سنتناوله في بحثنا وفقاً لاتفاقية مكافحة جريمة إبادة الأجناس البشرية المبرمة في 11/12/1945 والمكونة من تسع عشرة مادة، من ناحية قانونية وفق قواعد القانون الدولي العام وتحليل ذلك.