Civil Law Commons^™

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 …

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 …

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 …

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 …

إخلال البائع بالتزامه من حيث العجز في مساحة العين المبيعة - تعليق على حكم المحكمة الاتحادية العليا بأبوظبي, Prof. Jassim Salem Al-Shamsi

UAEU Law Journal

تعليق على حكم المحكمة الاتحادية العليا بأبوظبي

بالطعن رقم 352 السنة 11 ق. ع. نقض مدني بتاريخ 20 شوال 1410هـ الموافق 15/5/1990

أ.د. وهبة مصطفى الزحيلي - عقود جديدة(عقد المقاولة، بيع الاسم التجاري والترخيص، التنازل عن المنفعة بمقابل بدل الخلو)

UAEU Law Journal

هذه طائفة جديدة من العقود والاتفاقات تتطلب حلاً، وعرفاً لحكمها في الفقه الإسلامي، وقد رأيت تحليل مضمون هذه الاتفاقات وبيان مدى موافقتها لأحكام الشريعة الإسلامية وهل هي جائزة شرعاً أم لا؟

أ.د. محمد ناجي ياقوت- مسؤولية الصحفيين المدنية في حالة القذف في حق ذوي الصفة العمومية

UAEU Law Journal

No abstract provided.

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 …

The Role Of Guaranty In Subsequent Ownership- دور الضمان في كسب الملكية تبعاً, Mohammed Sulaiman Al-Ahmad

UAEU Law Journal

The researcher explained the role of guaranty in the subsequent ownership in four topics; the first focuses on jurisprudents discussions about the possibility of accepting the principle of ownership as a result of guaranty, while the 2nd he indicates the rules (jurisprudential & legal) required for ownership resulting from guaranty. In the 3rd topic the researcher focused on the conditions required for such ownership, and in the 4th defines ownership resulting from guaranty, supported by Islamic jurisprudents and positive laws. The research was ended by the researcher's conclusions and recommendations.

Offer And Acceptance In Jordanian Civil Law And Comparative Law: The Concept And Its Development

UAEU Law Journal

Islamic jurisprudence "fiqh" was the first legal system which adopted the doctrine of offer and acceptance. It is thought that the doctrine had been imported to French legal system from Islamic Fiqh through Spain and then transmitted to English law.

As we have seen, all the legal systems which have been studied are in common on the question of determination of offer and acceptance. This determination is based on a chronologically sequential order: the first expression of one party's will is an offer while the second corresponding expression of the other party's will is an acceptance. Nevertheless, all these systems …

Comments On Provisions Of Tort In Iraqi Civil Law, Dr. Galil Hassan Al-Saadi

UAEU Law Journal

Iraqi Civil Law number 40 of 1951 has some rules driven from Islamic Law and some others from foreign legislations. Despite that, law has some defects relating basically to drafting some of its articles from one hand, and from another hand some recourses of this law were improper. This search contains some comments on rules dealing with tort. Some comments concern with tort of personal actions, some other comments concern with tort of a third party Action which has been regulated by law in three articles divided into two places. Study deals as well with some comments on liability of …

Pleas Of Joint Sureties, A Comparative Study, Dr. Mohammed Bendari

UAEU Law Journal

Joint suretyship has been playing a very important role nowadays. It has some advantages that do not exist in different types of suretyships. This search concerns with the Joint suretyship; definition, importance and all pleas relating to obligations through different applications. The study focuses as well on the pleas of the different sureties when they lose pensions, and all pleas relating to negligence of creditors. This search is a comparative one, it examines the aforementioned issue in Egyptian, French and Emiratian laws, it reaches some important results in this fiel

Silence: Its Legal Effect On Concluding Contracts A Comparative Study

UAEU Law Journal

Is based on mutual & verbal

Concluding a contract agreement/acceptance; however a contract can be concluded with several other ways. Silence does not necessarily express a specific view unless it is surrounded by certain conditions that may indicate that it expresses agreement/acceptance. There are some exceptions to the issue of silence when concluding a contract that silence would not necessarily mean agreement/acceptance. The essence of any legal behavior is free will which should be expressed clearly. All these exceptions are common and occur due to certain conditions which lead to silence.

The present study exemplifies some of the legislations; for …

Option Of Blemish In Jordanian Civil Law-, Yassin Mohammed Aljubouri

UAEU Law Journal

Concluding a contract of sale needs availability of many elements and conditions. The contract may be regarded as a valid and legal contract.

Nevertheless the sale contract may be existed but it existence may mixed with many defects in the object of the contract (the sold thing) which reflects injury and damage on the purchaser,s interest.Therefore the purchaser is granted a choice of defect (khiyar al-ayb) and the contract is considered to him as ghayr lazim (not-binding) which gives him the right to rescind the contract. Morever, this option, (the khiyar) may coincide with the concept of liability for concealed …

Conditional Incident A Study Of The Condition Concept In Jordanian Civil Law- الواقعة الشرطية – دراسة في مفهوم الشرط في القانون المدني الأردني, Yassin Mohammed Aljubouri

UAEU Law Journal

The conditions is a future obligation on the existence of which the legal effect of the obligation subsists or terminates. The validity of a conditional disposition shall be subject to the purport of the effect of the ondition being not valid and is neither fulfilled nor impossible. It has been pointed out that the Jordanian civil code has not signaled the tow sorts of the conditions however its provisions implied the rules of the kinds of the condition which are suspensive and the resolutory

A Critical Study Of The Two Standard References Of Obligations (Personal Rights (And Contracts In United Arab Emirates Law Of Civil Transactions, Dr.Adnan Sarhan

UAEU Law Journal

The Emirates Law of Civil Transactions is based on the rules set by Islamic Law. However; it suffers from faults or short comings in the legal texts and even, sometimes, a contradiction in the merits or judgement. These faults are consequences of the presence of statements extracted from defective or imperfect laws such as the Jordanian law, or a contradiction due to differences between Malek’s or Hanbal’s and Al-Numan’s shools.

In this research, the author deals with the text of the United Arab Emirates Law of Civil Transactions that are related to commitments and contracts. As he believes in the …

A Sale Of Salam Sale Of Future Goods: A Comparative Study In The Jordanian Civil Coode And The English Law Of The Goods Sale, Nisreen Mahasneh

UAEU Law Journal

This research examines Salam Sale, which is a type of sale known under the Islamic jurisprudence, and provided for by the Civil Code of Jordan. The most important feature of this kind of sale is the non-existence of the subject matter of the contract, which is the Goods or the Mahal. For this particular reason, I chose to compare Salam Sale with the Sale of Future Goods under English law. Therefore, the research aimed first to define the concept of both Salam Sale and Future Goods Sale. Besides explaining the purposes of, as well as the merits …

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 …

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 …

The Legal System Of Apostleship: A Comparative Study In Regulating The Relationship Between Sender Of The Expression Of The Will And The Courier, Adil Mohammed Ali

UAEU Law Journal

The apostleship is a legal action between the sender of the expression of will and the courier, and includes a delegation from the sender to the courier. And it is a contract by which the sender puts the courier in himself place in order to communicate his will to the addressee.

In general, the problem of the study represents in the almost complete disregard of civil laws in general to regulate the subject of the apostleship, since the latter is a legal framework for the relationship between the sender of an expression of will and a courier to communicate that …

The Concept Of “Return” In Contracts

UAEU Law Journal

In the common law ofEnglandandUnited States, agreement is enforceable if it is shown that it is made for valuable “return”: that is a profit provided by a party seeking enforcement of the agreement. Thus, the presence of a profit is a precondition for the validity of all contracts unless they are under seal. Profits can be looked at as a price paid by the other party. It takes the form of some rights, profits or benefits accruing to the one party or some detriment or loss suffered by the other.

In Civil law system, a lawful cause is a precondition …

The Professional Liability Of The Legal Advisor: A Jordanian And English Law Perspective: A Critical Study, Nisreen Mahasneh, Ayman Khaled Masadeh

UAEU Law Journal

This study deals with the professional liability of the legal advisor. To attain this purpose it starts by distinguishing between a lawyer who represents his client before courts and a mere legal advisor who undertakes the paper work and consultations. This study tries to follow the position of the Jordanian Bar Law as to whether it recognizes this distinction between an agent lawyer and a mere lawyer who submits a legal advice. Moreover, there are particular duties which lie on a lawyer, the question being here whether the wordings of the provisions of the Jordanian Bar Law extend to cover …

Loopholes In Information Technology Contracts, Tark Kazim Ageel

UAEU Law Journal

This research deals with the loopholes that may be found in Information Technology (IT) contracts and attempts to answer the following research question: are the generalrules governing traditionalIT contracts sufficient to dealwith them, or is there a need for another set of rules which are more compatible with such contracts and are better able to dealwith the loopholes that may arise (both moraland logical) in said contracts?

Compensation For Moral Damage - A Comparative Study, Mohannad Azmi Abou-Moghli

UAEU Law Journal

The amount of material damage or loss incurred can be evaluated. No disputes are expected to arise in such cases. However, moral damage such as pain, sadness, infamy, and dishonor do not constitute material loss; therefore, no compensation may clearly be calculated; in other words, there is difficulty in evaluating moral damage and its indemnity. This paper undertakes such a task in order to regulate compensation of moral damage

The Purchaser's Securities In An Electronic Sale Contract - Part I, Osama Ahmed Bader

UAEU Law Journal

This article analyses the legal provisions that aim to posit the legal regulations necessary for the protection of the purchaser (consumer) via analyzing the French legal provisions and stipulations that address the purchaser as a consumer and via the judicial applications in this regard.

The Purchaser's Securities In An Electronic Sale Contract -Part 2, Osama Ahmed Bader

UAEU Law Journal

This part of the research study deals with the legal controls required for the fulfillment of the vendor's obligations; these include securing delivery, soundness of goods, and guarantees in case of defects.

Civil Liability Of Biological Damage A Comparative Study, Sameer Hamed Al Jamal

UAEU Law Journal

Biological damage to the environment is considered to be one of the most complicated problems that face the world nowadays. This paper studies this problem from some of its various aspects: the civil liability of biological damage, the concept of biological diversity, its legislative nature, and the damage caused by genetically modified species and the multiplicity of legislative regimes to protect biological diversity. Furthermore, this study deals with all the above listed aspects on the local, regional and international levels. To be more specific, the study investigates the legal basis of civil liability of biological damage in terms of three …

The Consumer's Right Of Withdrawal In Doorstep Selling And Distance Contracts, Aymen Masadeh, Alaa Khasawneh

UAEU Law Journal

This study deals with the right of withdrawal, which is one of the legal means to protect consumers in contracts. Due to the rapid developments of marketing techniques used by traders to promote the sales of their products, it has become important for legislators to intervene to protect consumers. Due to such marketing techniques, consumers may not have time to make sure they need the offered products in doorstep selling contracts. The same situation may apply in distance selling contracts where consumers usually do not have the chance to actually see the offered products and may find out late they …

Rules Of Sale With Right Of Redemption In Lebanese Contract Law And The Possibility Of Its Application In Jordanian Civil Law•, Yousef Mohammad Obiedat

UAEU Law Journal

This study aims at examining the contract of Sale with Right of Redemption in Lebanese Contract Law, and the possibility of its application in Jordanian Civil Law. The Sale with Right of Redemption is defined as a sale with a condition that when the seller refunds the price of the purchase during a fixed time, the purchaser should return to him/her that which was sold. This study started exploring such kind of sale under the Lebanese Contract Law, and then examined whether there are legal or economic justifications to adopt it in Jordanian law. To that intent, the study was …