Law Commons^™

التنظيم القانوني للرهن التأميني للمركبات في القانون الإماراتي, عبيد محمد الكعبي

Theses

Legal Regulation of Insurance Mortgage for The Vehicles in UAE Law

The mortgage that applies to vehicles is the insurance mortgage, because of the special nature movables have the property of self-identification, which leads to apply the registration rule on the ownership deed. The insurance mortgage is concluded between the mortgagee, who is the creditor, and the mortgager, who is either the debtor himself or someone else (the in-kind guarantor). In order for this contract to be validly concluded, it must fulfill all its elements and conditions. The objective conditions stipulated in the general rules for concluding contracts must be …

جريمة إيداع أو تحويل الأموال بقصد التعاطي أو الاستعمال الشخصي للمواد المخدرة والمؤثرات العقلية في القانون الإماراتي (دراسة تحليلية تطبيقية), مريم محمود حبيب

Theses

The crime of Depositing or Transferring Funds with the Intention of Using or Personally Using Narcotic Drugs and Psychotropic Substances in UAE law (Applied Analytical Study)

Criminal elements seek to take advantage of the benefits of using the Internet and communication programs, especially with its confidential nature and the difficulty of tracking its users, which allows its users to achieve direct criminal activities without being caught or being held legally accountable. The misuse of technology has posed a threat to our societies and has been accompanied by the emergence of many negatives and positivity; in addition to a lot of …

موقف القانون الإماراتي من الصياغة النموذجية للعقود, سعيد علي الدرعي

Theses

Standard form contracts are widely used in various economic transactions, which contributes to a convenient and time saving method to create agreements that are compatible with contractual terms. The importance of this study is that when the consumer wants to obtain a good or service, the seller will offer him a standard form contract to sign, and this consumer may be forced to enter into this contract to satisfy his needs, even if this good or service is not one of the basics for society as a whole, but it is necessary for him as an individual.

Additionally, this study …

الطرق الإدارية للفصل في المنازعات الضريبية في دولة الإمارات العربية المتحدة, محمد أحمد الشقفه

Theses

This thesis studies and analyses administrative methods for settling tax disputes in the UAE as set in the newly issued Federal Law No. 28 for year 2022 regarding tax procedures, which will take effect on June 2, 2023, as this new Federal Law includes new administrative tax dispute settlement channels.

Additionally, this study explores the methods through which UAE’s procedural tax legislations handled the most complicated issue that most procedural tax legislators usually encounter, which is balancing between fair tax assessments and speedy tax collection procedures. Making such balance requires robust regulation of administrative methods to settle tax disputes in …

جرائم المنافسة غير المشروعة والاحتكار في القانون الإماراتي, أحمد حسن الهاشمي

Theses

Unfair Competition and Monopoly in the UAE Penal Code

This study dealt with unfair competition and monopoly in the UAE penal code. The study was divided into an introduction and three sections. The first section dealt with the nature of competition and monopoly and their types, the second section dealt with the elements of the crime of unfair competition, and the third section dealt with the penalties prescribed for the crimes of competition law and monopoly prevention. The study concluded with the most important findings and recommendations. One of the most important results is that it was noted that the …

الأحكام القانونية للمُصاب باضطراب طيف التوحد, مريم محمد علي

Theses

According to the latest statistics, 1% of the world population has been diagnosed with autism spectrum disorder in its various levels. The one percent of the world population counts in millions; hence, this segment of society deserves the legislator's attention to ensure fair treatment. Therefore, this study will shed light on whether the Emirati Legislator have fairly regulated the financial transactions of people with autism, by examining the relevant regulations and laws in the United Arab Emirates and in comparison, with the principles of Sharia'a. Accordingly, this study is divided into two main chapters. The first chapter defines autism in …

Combating Systemic Racism With Truth Commissions, Katherine E. Miles

Theses

The main form of justice practiced in the United States when it comes to criminal proceedings and individual wrongdoings is a form of justice called Retributive Justice. Retributive justice is committed to following these three principles, 1: that those who commit certain kinds of wrongful acts, morally deserve to suffer an equivalent punishment; 2: that it is intrinsically morally good—good without reference to any other goods if some legitimate punisher gives them the punishment they deserve; and 3: that it is morally impermissible to punish the innocent intentionally or to inflict disproportionately large punishments on offenders. From the three principles …

أثر جائحة كورونا (كوفيد 19) على تنفيذ العقود الإدارية, عبدالله عبدالحكيم بني مخزوم

Theses

The study raised the problems of the extent to which the Corona pandemic is considered a force majeure or an exceptional circumstance, as each adaptation has legal effects arising from it. Therefore, it was necessary to search the extent to which force majeure conditions or emergency circumstances apply to the Corona pandemic (Covid 19) and its effects. The researcher concluded that it is not generally possible to assert that the Corona pandemic is an emergency circumstance or force majeure. Rather, it is necessary to search the impact of the Corona pandemic on the administrative contract, and then the adaptation is …

اﻟﺘﻌﻮﯾﺾ ﻋﻦ ﺗﻔﺎﻗﻢ اﻟﻀﺮر اﻟﺠﺴﺪي ﺑﻌﺪ ﺻﺪور اﻟﺤﻜﻢ اﻟﻨﮭﺎﺋﻲ (ﻓﻲ ﺿﻮء ﻗﺎﻧﻮن اﻟﻤﻌﺎﻣﻼت اﻟﻤﺪﻧﯿﺔ اﻻﺗﺤﺎدي رﻗﻢ 5 ﻟﺴﻨﺔ 1985 وﺗﻌﺪﯾﻼته), منى محمد البلوشي

Theses

Bodily harm is considered one of the most complex types of damages to estimate compensation for, as it affects the life, work, and livelihood of the injured person. Especially since the physical injury that remains from the harmful act may exacerbate in the future after the issuance of the final judgment in a manner that may not be foreseen by the judge or medical experience, whether in terms of the exacerbation of the harm itself and its constituent elements or in terms of the exacerbation of the harm's value due to currency fluctuations.

This study demonstrates the jurisprudential differences regarding …

المسؤولیة التضامنیة لأعضاء مجلس الإدارة في شركة المساھمة العامة وفقا للمرسوم بقانون اتحادي رقم (32) لسنة 2021 بشأن الشركات التجاریة, نورة جمعة الشامسي

Theses

This study aims to identify the joint liability of the members of the board of directors in public joint stock company. The descriptive and analytical approach was adopted to identify the joint responsibility of the members of the Board of Directors in a joint stock company the analyses of the provisions related thereto in Federal Law by Decree No. (32) of 2021 regarding commercial companies in order to structure the limits of such responsibility.

This study has reached a number of results, the main result stipulates the general rule of the responsibility of the members of the board of directors …

مشروعية الأنشطة العسكرية في المنطقة الإقتصادية الخالصة (دولة الإمارات العربية المتحدة نموذجاً تطبيقيا), عمار يوسف النقبي

Theses

One of the innovations in the United Nations Convention on the Law of the Sea for the year 1982 is the system of the exclusive economic zone, where it was discussed for the first time in this agreement. The exclusive economic zone is defined as an area located deep in the sea and adjacent to the contiguous zone and the territorial sea and extends beyond that for a distance of 200 nautical miles. However, the legal system in the exclusive economic zone raises many problems that were excluded from the negotiations of the United Nations Convention on the Law of …

التكییف القانوني للعقود المتصلة بالتطبیقات الحدیثة للنقل البري للأشخاص, ودیمة أحمد الدرعي

Theses

As a result of the huge development of technology, modern models have emerged in land transportation of persons, such as Uber and Lyft applications. Through this application, the driver in his own vehicle transports customers who requested transportation service from the application. The transportation companies claim that the drivers are independent contractors, while on the other hand, the drivers claim that they are employees so that they are covered by the rights guaranteed in the Labor Law. This study aims to show the legal nature of these contracts between the companies related to the modern electronic applications of land transport …

المواجھة الجنائیة للشائعات في التشریع الإماراتي – دراسة مقارنة, ھدى راشد العلوي

Theses

Spreading and propagating rumors is a dangerous weapon that causes the disintegration of nations and creates anxious societies plagued by psychological wars and internal strife, these acts have caused legal problems, especially with the advent of social media, which has paved the way for their commission. Penal provisions guaranteeing adequate criminal protection against the perpetrators of such acts, The United Arab Emirates' legislation is one of these penal legislations, which pays attention to the legal regulation of this crime by punishing the perpetrator by the Criminal and Penal Code, the Military Penal Code and the Law on Combating Rumours and …

المرفق الصحي بين متطلبات النظام العام وﻣﺒﺪأ اﺳﺘﻤﺮارﯾﺔ المرفق العام ﻓﻲ الظروف اﻻﺳﺘﺜﻨﺎﺋﯿﺔ, مهرة ﺳﻌﯿﺪ الظاهري

Theses

The spread of the Corona virus clearly affected the work of public utilities in the country, so it disrupted some of them and modified the way others work. The spread of the pandemic led to the innovation of new ways and means that were not familiar with the functioning of public utilities. One of the most important of these means is remote work, which is done through means Modern communication, including the Internet.
The study sought to achieve several objectives, including clarifying the principle of continuity of the public facility in normal and exceptional circumstances, and clarifying the rules and …

أثر استخدام تقنیة الاتصال عن بعد في المحاكمات الجزائیة على ضمانتي العلنیة والشفویة: دراسة مقارنة, الیازیة راشد السبوسي

Theses

Remote litigation is an application of modern technology that countries have established and added to the judicial system. Remote attendance appeared more at the time of the Corona pandemic, as the countries that had not previously used modern means in their judicial system have begun to advance it, and this is in contrast to the countries that used this system before the emergence of this pandemic. Among the pioneering countries in using remote communication technology is the UAE, where it started using this technology in 2017, that is three years before the pandemic, when the legislator enacted a special law. …

Household Recycling Behaviour In Metropolitan Australia: A Social Practice Theory Perspective, Susann Noe

Theses

Australians generate almost 545kg of annual kerbside waste per capita, one of the highest amounts compared to other OECD countries (Blue Environment, 2022). Although kerbside systems in Australian metropolitan areas are well-developed and the recycling practice is considered a social norm, residents' inaccurate handling of recyclable items send as much as 35% of valuable recyclable materials to landfill, contributing to environmental harm (Cleanaway Waste Management Limited, 2021). Furthermore, newly established recycling schemes in Australian jurisdictions are not used to their full potential.

In the context of both issues, the current thesis aims to understand the underperforming nature of recycling practices …