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UAEU Law Journal

Legal

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Full-Text Articles in Civil Law

Contemporary Legal Issues Of Contract Formation Through Online System, Ayman Khaled Masadeh, Mohammad Bashayreh Mar 2021

Contemporary Legal Issues Of Contract Formation Through Online System, Ayman Khaled Masadeh, Mohammad Bashayreh

UAEU Law Journal

Electronic commerce has put forth new challenges to the efforts endeavoring to unify international trade law. Most international trade conventions are designed to apply to traditional means of communication as they were drafted before the recent informational revolution. Because, in some countries, conventions supersede domestic laws, adopting the United Nations Model Law on Electronic Commerce might not completely harmonize national laws. Hence, the United Nations General Assembly adopted a new Convention on the Use of Electronic Communications in International Contracts (hereinafter the Convention) prepared by the United Nations Commission on International Trade Law (UNCITRAL). Adopted on 23 November 2005, the …


Legal View Of The Domain Names’ Registration Contract, Fayez Mohammed Al Nusair, Bashar Talal Al Momani Feb 2021

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 …


Civil Liability Claims Arising From Torts In The English Law:, Younis Salah Eddin Ali Feb 2021

Civil Liability Claims Arising From Torts In The English Law:, Younis Salah Eddin Ali

UAEU Law Journal

The claims to civil liability in tort are considered as legal defensive methods aimed at negating or attenuating the civil liability of the defendant, if he succeeds in raising them within the action in liability in tort. It is worth-bearing in mind that these claims originated within the law of tort, which is regarded as a customary unwritten law, based upon judicial precedents issued by English courts, it is also worth-mentioning that these claims are classified in the English law into two types: the first are absent-element defenses. The second are affirmative defenses. Whereas both the Iraqi civil law, No.40of …