Law Commons^™

Guarantees Of Payment Of Wages In Enterprise Contracts And Its Contemporary Applications In Accordance With The Enforced Legislation In Palestine, Muayad K. Hattab Phd, Ashraf Muhammad Hussein Dr

UAEU Law Journal

remuneration under the contracting contract, and the mechanisms of enforcing the employer to implement his obligation to pay the remuneration, in light of the Palestinian legislative reality, which is still dependent upon the Mejella (Journal of Judicial Rules), as the Civil Law in force in Palestine. The study attempted to find a solution to the legislative shortcoming represented in the fact that the provisions of the Mejella devoid of a clear and explicit regulation of the provisions of the contracting contract and the responsibilities of the parties to that contract, especially with regard to obligating the employer …

The Influence Of Unidroit Principles On The Evolving Interpretation Of The Contract, Mohammed Sulaiman Al-Ahmad Prof., Dr. Abdullah Fadhel Hamid Dr

UAEU Law Journal

principles, are not mere agreements in which some clauses were inserted by the will of the parties, but rather are real common economic projects between the parties, these contracts are intended to achieve the common contractual interest of the parties by ensuring that their effects remain effective. Because these contracts are in a situation of constant interaction with reality, this requires preserving them from the risk of rescission and invalidity as much as possible, and by various legal means. Perhaps the most important and qualified way to preserve the international commercial contract (the common economic project) is to resort to …

The Commitments To Exercise Care And Achieving A Result Within The Scope Of Smart Contracts: A Comparative Study, Dr. Abdul-Rahman Mohamed Salem

UAEU Law Journal

Smart contracts didn't receive yet the proper attention of legal jurisprudence until the recent time. There is a noticeable delay in addressing its provisions, especially among the studies of Arab Jurisprudence. The legal frameworks of any topic are determined only by its completion. Perhaps the topic of smart contracts hasn't ripened yet in our Arab societies.

It was necessary to conduct research on the aspects of this topic to support the values of development and keep pace with the fourth-generation technology.

It is necessary to define the smart contract that combines the legal aspect, the technical aspect and the style …

The Impact Of The Covid-19 Pandemic On The Tenant's Obligation To Pay The Rent: A Study Under Palestinian And Kuwaiti Laws, Ramz Bassam Abusalama Mss., Ibrahim Khalid Yahya Mr.

UAEU Law Journal

The research sought to clarify the impact of the (Covid- 19) pandemic on the tenant's obligation to pay the rent, as it is an obligation imposed by the general rules in leasing, and it allows the lessor to invoke the termination of the contract in real estate subject to the rule of civil law (general rules), or to vacate the leased property in real estate subject to the Jordanian Landlords and Tenants Law of 1953 in force in the West Bank in Palestine, or the Kuwaiti Tenancy Law of 1978. In order to avoid annulment or vacancy, the research analyzes …

The System Of Civil Liability Standard For Injuries Resulting From Driverless Vehicles: A Comparative Study Under Uae And Comparative Laws, Maamar Bentria Dr., Dr. Muorad Seghir

UAEU Law Journal

The development of vehicle automation systems has reached very high levels, it is expected that this new generation of our vehicles will invade our markets, more than ever before. Even if the goal of this Driverless car is to achieve the highest levels of safety, comfort and sustainability, and to reduce human errors that find their source in human mistakes, the safety of using this vehicle on our roads still raises doubts. This contribution started from the fact that today's driverless vehicles are still in need of a civil liability rules, and compensation system that would effectively address the problem …

Securing Rights To Movable Assets In Light Of Federal Law No. (4) Of 2020, Dr. Nasr Aboul Fotouh Farid Hassan

UAEU Law Journal

In this research, we investigated the guarantee rights of movable properties, in terms of explaining the nature of these rights which are regulated by the UAE legislator “Law No. 4, 2020”, and determining the funds that can be included in such guarantee system. Furthermore, we studied the method that could be implemented to ensure the rights of all included parties. Therefore, we recommended that it is necessary to stipulate the possibility of separating the movable from the real estate without causing damage to either of them, so that the real estate can be fixed by privatization to be a guarantee, …

The Extent To Which A Contract May Be Terminated Based On A Prior Breach Of The Contractual Obligation: A Comparative Study, Mohdkhair Mahmoud Adwan Dr., Naim Ali Otoum Dr

UAEU Law Journal

The Contractual Obligation is proven to be owed by its owner as soon as the contract is concluded or the deadline for its implementation is due, Following this that the contractual violation should be before it not after, and if that kind of violation is the ordinary kind of contractual fault so the happening of contractual violation before the execution is a case been put by rules and Judicial Pronouncements as putting it in certain ordered law firm has its special private rules and obligations that distinguishes it from any similar cases of the expiry of contract.

And for that …

The Arbitrary Dismissal Of The Worker In Light Of The Conflicting Rulings Of The Palestinian Court Of Cassation (Pcc), Ahmad Abu Zeineh Dr.

UAEU Law Journal

Palestinian Court of Cassation (PCC). The focus has been, in particular, on the arbitrary dismissal from wok enshrined in the Palestinian Labor Law No. (7) of 2000. Although the rulings issued by the PCC must be uniform and harmonious, so that they can be followed by the appellate courts, despite the reversal of a principle established in a previous ruling issued by the Court of Cassation requires a general assembly of this Court to convene to decide on that return, but we found contradictions in many of the judgments passed by the Court, in several issues related to the subject …

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 …

Force Majeure In Fidic Contracts: A Comparative Study "Study Of The Fidic International Model 2017 Red Book", Dr. Abdul-Rahman Mohamed Salem

UAEU Law Journal

The implementation of international and internal FIDIC contracts is obstructed by some circumstances, which prevent the implementation of one or some of these contract obligations or may terminate the implementation of the contract permanently for one of its parties. Among those circumstances is the force majeure (exceptional event); Therefore, its concept must be defined in the FIDIC contracts, and the extent of its distance or proximity to its general concept in the rule of general rules. In addition to the need to prove them and verify their availability by notification of their availability in the cases specified by those contracts …

Foreclosure In English Law: A Comparative Analytical Study Of Islamic Jurisprudence And Comparative Law, Dr. Younis Salah Eddin Ali

UAEU Law Journal

يعد غلق الرهن في القانون الانجليزي نوعاً من أنواع المعالجات القانونية الأكثر صرامة أو قسوة، والتي تؤدي إلى انقضاء الحق الإنصافي الذي يتمتع به المدين الراهن في فك الرهن واسترداد المال المرهون، بسبب تخلفه عن الوفاء بالدين الموثق بالرهن. مما يتيح للدائن المرتهن اكتساب ملكية المال المرهون بعد انتقالها إليه. كما يعد غلق الرهن أيضاً نظاماً إنصافياً، فرضته قواعد العدالة والإنصاف، لغرض القضاء على كل مماطلة أو تقاعس من جانب المدين الراهن عن الوفاء بالدين المضمون بالرهن. أما بالنسبة إلى القانون المدني العراقي رقم (40) لسنة 1951، وقانون المعاملات المدنية الإماراتي الاتحادي رقم (5) لسنة 1985، فقد جسدا غلق الرهن …

Good Faith In Contract Drafting Stage: A Study In Light Of French, Emirati, And Moroccan Laws, Dr. Ahmed Ed-Drari

UAEU Law Journal

This study deals with discussing the general duty of good faith as it establishes the criteria for practicing a reasonable manner of freedom within a framework that does not override the legality of what is imposed by the social system.

There is no doubt that the position of the French legislator who codified what was settled by the French judiciary under the civil law of 1804, so that it stipulated the validity of goodwill in all four stages of the contract, starting from its negotiation, conclusion, implementation, and after its end, as it is considered a restriction on behavior that …

The Overlapping Between The Contractual Responsibility And The Tortious Responsibility In The Contemporary Systems, Prof. Tarik Kazem Ajeel

UAEU Law Journal

This research deals with the problem of overlapping between rules of contractual liability and those ones of tortious liability when the breach of contact represents at the same time illegitimate act. This problem had been named in jurisprudence as the permissibility of option between the two responsibilities. We will revisit this problem with novelty through the study of contemporary legal systems point of view from this problem. We will discuss in detail the German, English and French legal laws, comparing them with the Iraqi law to point out the most suitable solutions and the justest ones. May god make our …

The Mechanism For Emergency Conditions In The New French Contract Law, Prof. Adnan Ibrahim Sarhan

UAEU Law Journal

legislator introduced into his civil law a special mechanism to deal with emergency conditions and their impact on contracts, on the occasion of amending the Obligations and Contracts Law by a decree issued in 2016, as it included this mechanism in Article 1195 of its Civil Code. This article stipulated three conditions for the mechanism to work: That unforeseen circumstances arise at the time of the conclusion of the contract, the contractor did not accept a condition in the contract bearing its risks, and that these circumstances lead to the implementation of one of the parties of his obligations becoming …

The Notion Of Causation Under The New French Contract Law From The Traditional Function To A Tool For Controlling Contractual Balance, Dr. Dellal Yazid, Taboukouyout Youcef

UAEU Law Journal

This paper analyses the recent reform of Contract Law in France under the Order n°2016-131 of February 10, 2016, modifying the French Civil Code provisions on Contract Law and the general regime and proof of obligations. The ‘causation’ was consecrated as a condition of contracts validity in the Napoleonic Code of 1804, it remained effective for two centuries despite its juristic controversy. The controversial notion of ‘causation’ has been removed from the Code which introduced ‘the contractual content’ as an essential condition in contracts. This study concludes that the abandonment of 'causation' in the recent reform of Contract Law in …

Conflict Of Laws In Civil Liability Arising From Defective Products: A Comparative Analytical Study, Dr. Abdullah Fadhel Hamid, Rozhan Omar Khalid

UAEU Law Journal

The world in the modern era is witnessing a huge upsurge in the production of goods and services on both the quantitative and qualitative levels, regarding the qualitive of the products, they have developed in two directions: in the first direction, it was able to meet the various human needs and led to the progress of human civilization in the way that humanity lives today, where abundance in the means of luxury living, in the second direction, the products have evolved in a manner that has become a threat to human life and his property. Therefore, products defects led 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 …

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 …