Civil Law Commons^™

Attribution Rules Of The Electronic Message To The Creator In The Uae E-Commerce And Transactions Law, Ali Hadi Elobaidi

UAEU Law Journal

Rules of attribution of the electronic message to the creator are some of the aspects of legal development processions of technological development in the field of electronic commerce and transactions. A person may that he did not send an electronic message or did not mean to send it, or that he may have sent it but with a different content than the one that was in the message that reached the consignee. Because of these allegations, rules started to show us where the email of the creator originated from, whether it is real or default, and the legal consequences of …

The Civil Liability Claim Arising Out Of The Infringement Of The Privacy Right A Study In Jordanian Private International Law, Nour Hamed Al-Hajaya

UAEU Law Journal

Protection of privacy right is vital. Therefore, the injured person is entitled to claim damages for any infringement of his privacy right. However, claiming damages face some difficulties pertaining to the determination of the competent court and the applicable law in case where the infringement involves a foreign element. This Article is devoted to tackle these two issues in two chapters and a conclusion. Chapter one will tackle the issue of competent court through the application of the criteria stated in Articles 27 and 28 of the Jordanian Law of Civil Proceedings on the International Jurisdiction of Jordanian Courts to …

Exchange Contract; A Comparative Study, Duha Mohamed Al Nuaaman

UAEU Law Journal

Exchange in Islamic law addresses exchange of gold and silver and has been addressed by Muslim jurists under the topic of cash sale or exchange. These jurists distinguish this particular exchange from absolute selling mainly regarding the nature of the conditions of sale. They warn against the presence of usury and according to the rules of the Quran and Sunnah. However, it has been found that most of the civil Arab laws did not provide texts for contract exchange which distinguish absolute selling of which provisions of the latter apply to the exchange today in these countries. We chose to …

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 …

Contractual Custom, Alaa Hussein Ali, Riad Ahmed Abdulghafoor

UAEU Law Journal

The idea behind this research revolves around the effect of custom in contracts which was coined as "the contractual custom". This custom refers to traditions that people consider common practice in the conclusion of contracts, until it became in their view an obligation that they can't breach. Therefore, this study attempts to establish a theory of the contractual custom to define it and its effects on the actual contract.

In order to develop a complete theory of the contractual custom, the research draws a general framework of a contract, starting with its definition and distinguishing it from the usual agreement …

Determining The Abusive Clause In Insurance Contracts Under The Kuwaiti Law: A Comparative Study, Hussein Muheisen Al-Rashidi

UAEU Law Journal

The Law aims at organizing the community through clarifying rights and obligations of legal positions. Therefore, legislator has interfered – in several issues – to protect the weaker party in the contractual relation. An example of such protection is legislative intervention against abusive conditions by making it subject to amendment or nullification. As a result of the independence of one party in writing down the contract conditions, the legislator has stipulated, frankly, that every abusive condition can be nullified unless it has not infringed the insured risk.

However, legislative ideologies have diverged in determining abusive conditions/clauses. Some legal systems have …

The Extended Damage Between The Provisions Of The Law And The Decisions Of The Uae Judiciary, Yousef Mohammad Obaidat

UAEU Law Journal

This study examines the role of courts to fill the legislative vacuum as to the extended damage inflicted on third party. The current law of UAE Civil Transactions does not provide for the right of innocent party to claim financial damage, nor for moral damage in the event of suffering from non-fatal injury. Does that mean no right of claiming compensation by the innocent party? A question, which has been answered in this study. The study ended with the following results:

1- Under article 293 of UAE Civil Transactions Law, an action for extended moral damage is given for spouses …

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 …

Legal Qualification Of Non-Isolated Agency, Badr Hamid Al-Malla

UAEU Law Journal

In recent years, there was an increase in the process of selling real estates under irrevocable agency agreement in the state of Kuwait. This takes place due to easy dealing related to this issue and this made it common among transacting parties since it summarizes time taken by procedures of making sale agreements with dept of real estate registration, in addition to that this type of agreements ensures easiness sought by the buyer where the buyers existence is not required any more, the buyer under irrevocable agency can make all authenticated sale procedures alone on the basis of this agency …

Legal Reflections On The Ratification By The Uae Of The Convention On International Sale Of Goods (Cisg) 1980: “A Study On The Interrelationship Between The Uae Civil Transactions Act And The Cisg”, Nisreen Mahasneh

UAEU Law Journal

The United Arab of Emirates is not yet a member state of the Convention on International Sale of Goods (CISG). It is widely submitted that no competition exists between the Convention and the local Law, since the sphere of application for each is different. Moreover, a national Judge is not immune from applying the Convention, even with the fact that his or her country is not a contracting state. Similarly, the Convection may apply to citizens of a non-contracting state, the place of business, rather than nationality, is what matters here. UAE Civil Transactions Act does not recognize some legal …

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 …

The Responsibility Of The Supplier Upon Breach Of Ensuring Food Safety (Issues And Proposed Solutions): Analytical Study In Uae Law, Ali Al-Mehdawi

UAEU Law Journal

This Article is complementary to our previous article titled (The Obligation to Guaranty the Safety of Food & its Quality “Critical Study of Consumer Protection in Emiraty Law “ ). The author demonstrated in this paper the genuine obligations of the provider to guaranty the safety of food followed by the related obligations .We also considered the problematic of the provider’s responsibility to guaranty the safety in the Federal Law number 24 of 2006 which is amended by the Federal Law number 7 of 2011, and the decision of the Council of Ministers number 12 regarding the executive decree of …

The Legal Justifications For The Leasing Contract: Financing Lease For Movables In The Algerian Legislation: A Comparative Study, Abdul Samad Hawalf

UAEU Law Journal

The objective of the study of the justification for legal publicity leasing contract of movables, is the search for the true beneficiary of this kind of publicity, board people think that the beneficiary is the weaker party in the consumer relations and consumer- Economic aid in the leasing contract reliance-. This is what the legislator tried to do if the talk was about the reciprocal obligations in this contract, sought to protect economic help to the lessee of the arbitrariness of the lessor-which in this area. The latter should prepare a kind of model contracts may contain arbitrary conditions in …

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 …

The Legal System For Pristine Water Wells: A Comparative Study, Mohamed Rafie Younis

UAEU Law Journal

Water wells are one of the most important sources of groundwater in meeting the human needs in places of desertification, or in which surface water is low under conditions that warn of increasing water shortage as the population density increases in Iraq. Therefore, this study deals with the definition, identification, adaptation, and legal protection of water wells in the surrounding area, from attrition and pollution, as well as the legal basis for civil liability for damage to pristine water wells.

The Subsidiary And Its Provisions In Islamic Jurisprudence And The Egyptian Civil Law Compared With The Uae Civil Transactions Law, Tahani Abu Taleb

UAEU Law Journal

In this research the author tempted to find a definition to "the subordinate" in the Egyptian civil law followed by a comparison to examples of the rule "التابع تابع" in the Islamic law with its counterpart in the Egyptian civil law. The result of this comparison is that, the Egyptian civil law has a large number of examples based on this Islamic rule, which means that it is possible to use this Islamic rule and the other ones as a mean of interpretation to the Egyptian civil law. Later in this research, the author compared these results with its counterpart …

The Theory Of Gharar (Risk And Uncertainty) In Islamic Law A Major Cause Of Disputes In Construction Contracts, Hisham Mirghani

UAEU Law Journal

There is widespread interest in the applications of Islamic law in construction contracts. This is due to the ongoing construction boom in many countries in the Middle East whose civil codes are based on Islamic law. This paper addresses the applications of an important theory in the Islamic law of transactions to construction contracts. This theory of gharar – normally translated as risk and uncertainty- has wide ranging applications in the field of construction law. The paper defines gharar and summarises its basic principles. It then goes on to introduce the essentials of a valid contract in Islamic law. These …

Civil Liability Resulting From The Use Of Drones: A Comparative Study, Dr. Suzan Ali Mahmoud

UAEU Law Journal

The study is concerned with two issues: civil liability for damage resulting from the use of unmanned aircraft (drones), and compensation for damage caused by it.

It is concerned with the drones used by individuals and companies in the private sector and not those used by the state. It also deals only with the civil use of the drones, not the military use.

In this regard, the study analyze the current legislative situation in the United Arab of Emirates in order to determine the success of the UAE legislator in reducing the risks and potential problems related to the damage …

The Applicability Of The Proximity Harm Theory To The Liability For Environmental Damage, Dr. Anis Al-Addar

UAEU Law Journal

The theory of abnormal neighborhood disorders is a theory enshrined in several legal systems. Although it was originally applicable to disturbances created by neighbors (noise, bad odors, smoke) it was extended to environmental damage. This extension was possible thanks to a flexible conception of the notion of the neighbor, the damage and the causality. However, the theory of abnormal neighborhood disturbances has shown its limits, because it is not applicable at some environmental damages. Therefore, it is necessary to introduce a specific regime for environmental damage.

The Effect Of Deception (Fraud) On Donation Contracts In The Iraqi And Uae Laws: A Comparative Study, Dr. Hiwa Ibrahim Qader

UAEU Law Journal

There are two directions in the comparative civil legislations regarding the extent of considering deceit as one of the defective assent. One direction states that mere deceit affects contract validity, while the other direction provides that deceit is to be accompanied by exorbitant hardship in order to affect contract validity. The Iraqi and UAE legislators go in the second direction and provide that deceit should be accompanied by exorbitant hardship in order to affect contract validity. However, they do not take into account that even little hardship would not occur in donation contracts because there is no compensation in donation …

Civil Liability Arising From Hacking E-Mail Information, Dr. Issa Ghassan Al-Rabdi

UAEU Law Journal

It is completely easy to pass and send any electronic data everywhere to the persons you want in the world in a very quick and short time, regardless the size and the data type. This is due to the invention of electronic programs that help to save time and efforts. (the E – mail). As a result of this electronic development in the all related fields that serve humankind, a new encounter technology and illegal use of technology has occurred and used illegally by hackers to destroy and penetrate exclusive information for specific people. For this illegal hacking attempt requires …

Civil Liability For Damage Resulting From Genetically Modified Organisms (Gmos): A Comparative Study

UAEU Law Journal

The most serious damage to human and other living organisms at present is the damage of genetically modified organisms, where they can eventually be used as weapons of mass destruction in the form of a bacteriological war that destroys human civilization, we will present the problem in terms of: Identification of genetically modified organisms by determining their scope, and to identify the aspects of the damage resulting from them, and how to compensate each type of species, whether it is related to plant, animal, human or the environment. We then present the legal basis for civil liability resulting from damage …

Abuse In Directing The Decisive Oath In The Palestinian Evidence Law: A Comparative Study In The Light Of Judicial Rulings

UAEU Law Journal

This study deals with the main axes of arbitrariness in the decisive oath. The first section sought to define the scope that governs the arbitrariness of directing the oath by discussing the views that called for the failure of the oath conditions as arbitrariness, and to conclude that the general theory of arbitrariness is the most appropriate scope that expands To include many cases of arbitrariness by explaining the theory of arbitrariness according to the Majalla, because it expresses the concept of arbitrariness in the oath more accurately. Additionally, it was concluded that the judiciary supervision of arbitrariness in directing …

The Principle Of Resulting Trust Under The English And Sudanese Legislations: A Comparative Study

UAEU Law Journal

restoring the title of real property by reviewing the legal principles and jurisprudence of Anglo-Saxon system, for which English law is basis. The problem of this study focused on the nominal registration of a property in the name of a person, the legal system recognizes the ownership of the person whose name appears as registered owner of the real estate. Not surprisingly, the real estate registry record is considered an inclusive evidence for what it includes, and it is not permissible for all challenge it except through forgery, while the same idea does not resolve the identity of the owner. …

The Claim Against Principal Debtor Before Payment Of The Debt Guaranteed Under The Jordanian Civil Law: Justice To Be Reviewed

UAEU Law Journal

This study dealt with the claim against principal debtor before payment of the debt guaranteed, due to the importance of this claim and its impact on developing and improving the credit process. The personal Surety Contract is the way by which the creditor resorts to minimize its risk, i.e. to secure the repayment of a loan if the debtor defaults. For the Guarantor to sign surety contract, it was necessary to provide him a mean to guarantee his right. For this reason, the claim against principal debtor before payment of the debt guaranteed was the effective method to do so. …

آثار حق استرداد العقار المباع في المزاد العلني في ظل القانون الأردني د. أسيد حسن الذنيبات

UAEU Law Journal

انطلاقاً من التكييف القانوني لحق الاسترداد والصادر عن الديوان الخاص بتفسير القوانين من أنه شرط فاسخ في البيع القضائي للعقار، فإن بحث آثار هذا الحق اقتضى منا أن نقف في كلتا المحطتين اللتين قد يُعمِل فيهما الشرط الفاسخ مفاعيله، ألا وهما مرحلة التعليق، ومرحلة التحقق، لذا فإننا وجدنا أن حق الاسترداد في مرحلة التعليق يرتبط بقيدٍ قانونيٍّ ملقىً على عاتق المحال عليه بألا يتصرف في العقار المنتزعة ملكيته بالبيع أو بالمبادلة أو بالهبة أو بالرهن أو بالإفراز، الأمر الذي دفعنا لبحث حكم التصرفات خارج هذا النطاق المحظور، ومدى نفاذها في حق المدين، وبالتالي مدى تأثيرها في المقاصد التي يبتغيها المشرّع …