Civil Law Commons^™

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 …

Police Reform Through A Power Lens, Jocelyn Simonson

Faculty Scholarship

No abstract provided.

Algorithmic Legal Metrics, Dan L. Burk

Notre Dame Law Review

Predictive algorithms are increasingly being deployed in a variety of settings to determine legal status. Algorithmic predictions have been used to determine provision of health care and social services, to allocate state resources, and to anticipate criminal behavior or activity. Further applications have been proposed to determine civil and criminal liability or to “personalize” legal default rules. Deployment of such artificial intelligence (AI) systems has properly raised questions of algorithmic bias, fairness, transparency, and due process. But little attention has been paid to the known sociological costs of using predictive algorithms to determine legal status. A large and growing social …

Equitable Remedies: Protecting "What We Have Coming To Us", Larissa Katz

Notre Dame Law Review

This Article develops a new, doctrinally informed, theoretical account of equitable remedies in terms of our interest in “what we have coming to us”—an interest beyond private law’s commitment to protecting what is already ours, viz., our property rights and our rights to another’s performance of a contract. Through distinctive equitable remedies like specific performance, injunctions, and the remedial constructive trust, equity intervenes to prevent others from obstructing or diverting what a person has coming to her. The need for equity to recognize and to protect an interest in “what we have coming to us” arises, I argue, out of …

The Law Wants To Be Formal, Chaim Saiman

Notre Dame Law Review

This Article examines the relationship between the formalism of an area of law, and whether it plays a central role in the legal system. English and American law were traditionally comprised of formalist private law doctrines. The influence of legal realism and the New Deal, however, caused these systems to diverge. While American private law was recast in realist terms, it also became less significant to the overall legal system. In its place, procedure and statutory interpretation emerged, and in turn became more formalized. Realism was never as influential in England where private law remains more formal and at the …

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 …

Law School News: Professor Gonzalez Is 2020 Rhode Island Lawyer Of The Year 01/11/21, Barry Bridges, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Can The Timeframe Of Reported Uas Sightings Help Regulators?, Spencer Erik Pitcher, Kelly A. Whealan-George

Beyond: Undergraduate Research Journal

Remotely controlled small aircraft, otherwise known as Unmanned Aircraft Systems (UAS) or drones have started to impact the United States National Airspace System by interfering with the safe flight of aircraft. As the UAS industry continues its expected growth into the future, lawmakers, as well as regulators at the Federal Aviation Administration (FAA) and the aviation community must be able to predict when there will be more UAS craft in the air that could cause an interruption to air traffic so that more resources can be allocated optimally to counter the threat of UAS craft. The purpose of this study …

Oral Interview: Contextualizing The Women's Rights Movement In Tunisia Through Family History, Walid Zarrad

Papers, Posters, and Presentations

In their path towards emancipation and equal rights, Tunisian women have gone through a number of phases that seem to be directly linked to legal changes and cultural factors. In fact, the Code of Personal Status (CPS) of 1956 seems to be a milestone in the women’s movement, and its following amendments continued on this path. However, it is a lot more complex than that. A piece of legislation officially passing is not a simple determinant of the state of Women’s Rights in a country.

Through Dorra Mahfoudh Draoui’s “Report on Gender and Marriage in Tunisian Society” and my interview …

Selling Sex: (More) Evidence For Decriminalization, Faelynn Carroll, Walter E. Block

Touro Law Review

This paper makes a case for decriminalization of sex work in response to recent legislation restricting sex workers’ access to online platforms and to the COVID-19 pandemic. Using a feminist economic lens, we summarize the current understanding of sex work markets and analyze how agency and stigma are affected by increasingly limited access to online platforms as well as by the social and economic restrictions of COVID-19. We analyze sex work from the point of view of the same labor economics that would be applied to any other industry, rather than as a romanticized or demonized group of sexual deviants, …

Systemic Racism And Immigration Detention, Carrie L. Rosenbaum

Seattle University Law Review

The denouement of the Trump presidency was a white supremacist coup attempt against a backdrop of public reawakening to the persistence of institutionalized racism. Though the United States has entered a new administration with a leader that expresses his commitment to ending institutionalized racism, the United States continues to imprison Central American and Mexican immigrants at the southern border. If the majority of the people in immigration jails at the border are Latinx, does immigration law disparately impact them, and do they have a right to equal protection? If they do, would equal protection protect them? This Article explores whether …

Inheritance Of The Deceased, Dr. Nada Salim Hamdoon

Faculty Peer-Reviewed Papers | بحوث هيئة التدريس المحكمة

The life of the inheritor and the death of the inherited are both a condition that must be fulfilled before the inheritance can legally be carried out. This is a crucial condition that allows us to know those who deserve to be legally inheritors from those who do not. However, there are cases where it is difficult to fulfil such a condition—the case of mass death for example. In fact, there is no any stipulation in the Iraqi legal system pertaining to Personal Status Law on how to inherit in case of mass death, therefore, the only legal recourse left …

Why Do The Poor Not Have A Constitutional Right To File Civil Claims In Court Under Their First Amendment Right To Petition The Government For A Redress Of Grievances?, Henry Rose

Seattle University Law Review

Since 1963, the United States Supreme Court has recognized a constitutional right for American groups, organizations, and persons to pursue civil litigation under the First Amendment right to petition the government for redress of grievances. However, in three cases involving poor plaintiffs decided by the Supreme Court in the early 1970s—Boddie v. Connecticut,2 United States v. Kras,3 and Ortwein v. Schwab4—the Supreme Court rejected arguments that all persons have a constitutional right to access courts to pursue their civil legal claims.5 In the latter two cases, Kras and Ortwein, the Supreme Court concluded that poor persons were properly barred from …

New Kid On The Block: An Introduction To The Hague Rules On Business And Human Rights Arbitration, Bhavya Mahajan

Cardozo Journal of Conflict Resolution

In the medieval European states, Lex Mercatoria, literally "Merchant Law," was a prevalent custom, which developed out of the norms and needs of the market and influenced the transborder trade practices among merchants. For redressal of trade-related disputes, arbitration was the popular method and the merchants elected their own judges in the courts of arbitration that they established. These courts developed a reputation for swift resolution of disputes using high moral standards. Non-compliance with practiced norms, or with the arbitral decisions of the courts, would solidify pariah status for the defaulting merchant in the trading community. Gradually, with the …

Property Owners Look Out: The Train Is Coming, Natalie Crane

Seattle University Law Review

Over 4 million people currently live in the Puget Sound area in Washington state, and about 6 million people are expected to reside in the area by 2050. Additionally, Seattle renters faced a 71.2% increase in rent prices from 2010 to 2019. This data supports the need for much of the congested Seattle population to move outward and commute into the city for work. The implementation of a 116-mile system and other efforts to increase public transportation makes this need achievable and affordable.

This Comment focuses on the issue of just compensation in eminent domain; specifically, unique questions of compensation …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents.