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Civil Law

UAEU Law Journal

Journal

Contract

Publication Year

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Full-Text Articles in Law

Nature, Types, And Effects Of Agency Under The English Law: A Comparative Study, Younis Salah Eddin Ali Dr. Feb 2023

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 …


The Concept Of Non-Present Subjects In Light Of Emirates Civil Transactions Law And Islamic Jurisprudence, Prof. Jassim Salem Al-Shamsi Apr 2021

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 …


Must The Idea Of A Vitiated Contract Be Retained In The Jordanian Civil Code And The Emirati Civil Transactions Act? Mar 2021

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 …


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 …


Exchange Of Credit Information Contract: Concept And Legal Nature: Comparative Study, Zaala Said Yahya Feb 2021

Exchange Of Credit Information Contract: Concept And Legal Nature: Comparative Study, Zaala Said Yahya

UAEU Law Journal

During the recent financial crisis, credit information companies arise as a critical mechanism to resolve issues especially as it deals with collecting and analyzing credit information about the consumers, who in turn, request the credit from the providers such as banks and financial institutions. These companies, whereupon its part, conclude an agreement for exchange credit information with credit providers themselves, as a prelude to granting the credit to consumer or not. Accordingly, the importance of exchange credit information contract reflects in terms of being characterized by several features that distinguish it from other kinds of contracts.

By comparing several laws …