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Civil Law

United Arab Emirates University

2021

Tort

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Comments On Provisions Of Tort In Iraqi Civil Law, Dr. Galil Hassan Al-Saadi Mar 2021

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 …


Modern Trends Of Liability For Tort: A Comparative & Analytical Study On The United Arab Emirates (Uae) And The Qatari Laws In Light Of The Developments In The French Law, Dr.Adnan Sarhan Feb 2021

Modern Trends Of Liability For Tort: A Comparative & Analytical Study On The United Arab Emirates (Uae) And The Qatari Laws In Light Of The Developments In The French Law, Dr.Adnan Sarhan

UAEU Law Journal

The position of Emirati Law differed from that of the Qatari one in terms of both personal and substantive approaches of civil liability according to variation in their historical sources. While Qatari Civil Law adopted Fault in its personal concept as a basis for liability of unlawful act, influenced by most Arab Civil Laws that preceded it such as Egyptian Civil Law, we find that the UAE Civil Transactions Law, influenced by Islamic Jurisprudence, adopted tort in its substantive concept as a basis for liability of unlawful act.

Despite the fact that both laws are contemporary, they didn't pay adequate …