Civil Law Commons^™

Abuse In Directing The Decisive Oath In The Palestinian Evidence Law: A Comparative Study In The Light Of Judicial Rulings, Mahmoud A. Salameh Dr., Ibrahim Yahya

مجلة جامعة الإمارات للبحوث القانونية 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, Hafiz Jaafar Ibrahim Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

This study sheds light on the subject of the resulting trust and its role in 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 …

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

مجلة جامعة الإمارات للبحوث القانونية 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. …

Tort Liability Resulting From The Infringement Of The Rights Of Others Using The Internet: A Comparative Study Between Emirati Law And French Law, Sinan Al Shattnawi Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

Tort Liability resulting from the infringement of the rights of others by using the Internet under UAE and French law (Comparative study)

We note that the principles of law, including the rules of civil transaction law and many other laws on information technology, play a central role in the establishment of a legal framework of civil liability and the protection of Internet users, whether as suppliers or Internet users, with regard to information and the use of public and private sites and the violation of intellectual property rights on the Internet. As we know that the legislation has put a …

English Court Of Appeal Looks To Canada In Opening Gates To Competition Law Class Actions, Suzanne E. Chiodo

Articles & Book Chapters

No abstract provided.

Becoming Competitive On The Worldwide Stage: U.K. Supreme Court Gives Green Light To Class Actions, Suzanne E. Chiodo

Articles & Book Chapters

No abstract provided.

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 Dr.

مجلة جامعة الإمارات للبحوث القانونية 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 …

The Legal System Of Apostleship: A Comparative Study In Regulating The Relationship Between Sender Of The Expression Of The Will And The Courier, Adel Mohammed Ali Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The apostleship is a legal action between the sender of the expression of will and the courier, and includes a delegation from the sender to the courier. And it is a contract by which the sender puts the courier in himself place in order to communicate his will to the addressee.

In general, the problem of the study represents in the almost complete disregard of civil laws in general to regulate the subject of the apostleship, since the latter is a legal framework for the relationship between the sender of an expression of will and a courier to communicate that …

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

مجلة جامعة الإمارات للبحوث القانونية 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, Yousef Mohammed Shandi Dr.

مجلة جامعة الإمارات للبحوث القانونية 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, Tahani Abotaleb Dr.

مجلة جامعة الإمارات للبحوث القانونية 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 Mohamed Salem

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

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 civil liability resulting from the damage of non-traditional marine …

The Specificity Of Resorting To Arbitration In Financial Leasing Contracts In Palestine: A Comparative Study, Banan Tantour Mss., Dr. Amir Khalil

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

This study addresses the commercial arbitration in the financial leasing contracts in Palestine, and the study discusses the possibility of arbitration clause in financial leasing contracts and the importance of these clauses in such contracts in Palestine.

The study concluded that the arbitration clause is permissible in the financial leasing contracts however; there are some aspects in which arbitration are not permitted according to the Palestinian Law. The study also recommends that, the Palestinian legislator has to amend some articles in the financial leasing Act in particular article 6 of the Act and he could adopt the institutional arbitration as …

Justice For All: Demanding Accessibility For Underrepresented Communities In The Law: A Roger Williams University Law Review, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Eby V. Johnston Law Office, P.C., 138 Nev. Adv. Op. 56 (Sep. 08, 2022), Davit Sargsian

Nevada Supreme Court Summaries

The Nevada Supreme Court affirmed the district court’s decision to strike the second amended complaint and reversed the decision to dismiss the remaining malpractice claim with prejudice. According to Nevada’s Uniform Power of Attorney Act, the Court held a non-lawyer agent working under a power of attorney regarding claims and litigation could not litigate an action pro se in place of the principal or engage in the practice of law on the principal’s behalf. The trial court correctly held that the appellant’s non-lawyer agent under a power of attorney was engaged in the unauthorized practice of law. The decision to …

Efektivitas Alat Bukti Dalam Pembuktian Suatu Perjanjian Lisan, Aaron Pietter

Lex Patrimonium

Verbal agreement is something that cannot be separated in our daily life. It is confirmed that in every moment we always make a verbal agreement consciously or unconsciously. Within the scope of the court, verbal agreement is also used by the parties to prove their arguments so they can earn their rights and fullfill the other party obligations. Compared to the other type of evidence, verbal agreement have its own power and effectiveness level when being used as a legitive evidence before the court. To observe about the application and effectiveness of a verbal agreement as a legitive evidence before …

Perlindungan Hukum Bagi Kreditur Dalam Eksekusi Perjanjian Kredit Dengan Jaminan Hak Tanggungan, Muhammad Affandi

Lex Patrimonium

One of the guarantees in the credit agreement is a mortgage guarantee, where in the mortgage guarantee agreement, the assets guaranteed by the debtor to be used as collateral are land rights which can be in the form of buildings, plants, and works that already exist or will exist which are one unit with the land, and which belongs to the holder of the land rights whose burden is expressly stated in the Deed of Granting Mortgage concerned. From this study, the author aims to examine how legal protection for creditors in the execution of credit agreements with collateral rights …

Perlindungan Hukum Kreditur Terhadap Peralihan Jaminan Hak Tanggungan Dalam Jual Beli Piutang Melalui Cessie (Studi Kasus: Putusan Pengadilan Negeri Nomor 79/Pdt.G/2019 Pn Tab Dan Putusan Peninjauan Kembali Nomor 754 Pk/Pdt/2011), Vanessa Maurizkha

Lex Patrimonium

Banks act as creditors for selling receivables through a cessie to credit. Problems that arise after the transfer of receivables are identical to the relevance of the validity of the cessie to the mortgage guarantee transfer stipulated in the main agreement. There are differences in the legal concequences in each conditions. The problems discussed in this research are the mechanism through a cessie in conventional banks according to Indonesian law, the development of the regulation on registration of transfer of mortgage, and the legal consequences of the act (cessie) on objects of mortgage guarantee based on the District Court Decision …

Tinjauan Yuridis Pengesahan Anak Luar Kawin Yang Dicatatkan Setelah Ayah Dari Anak Meninggal Dunia (Studi Kasus: Penetapan Pengadilan Negeri Jakarta Pusat Nomor: 36/Pdt.P/2020/Pn.Jkt.Pst.), Devina Delfian

Lex Patrimonium

The birth of a child from an unregistered polygamous marriage according to the prevailing laws is a juridical phenomenon that cannot be denied. As the part of legal events, unregistered polygamous marriages can bring further legal consequences to children born out of wedlock, which in law children born out of wedlock have a lower position than children born from legal marriages. Because of these differences, the law provides a solution for children born out of wedlock to have the same legal status as children born from legal marriages, namely through child legalization. This research will be continued by focusing on …

Perlawanan Pihak Ketiga Sebagai Pemilik Benda Terhadap Benda Yang Dijadikan Jaminan Fidusia Tanpa Persetujuan Pemilik Benda (Studi Kasus: Putusan Mahkamah Agung 1012 K/Pdt/2021), Aditya Nabilah Lubis

Lex Patrimonium

Property rights that have been specifically and comprehensively regulated in the Civil Code in Indonesia give the impression that the principle of property rights has been perfectly regulated, but in practice there are still gaps in the owner's rights to objects that are guaranteed not being protected properly. This thesis will discuss the problems caused by objects that are used as fiduciary guarantees in a credit agreement without the knowledge of the owner of the object (by committing fraud) as well as legal protection that can be given to the owner of the object and creditors who receive fiduciary guarantees …

Analisis Terhadap Kesepakatan Lisan Untuk Menjalankan Waralaba Sesuai Dengan Perjanjian Waralaba Yang Telah Berakhir (Studi Kasus Putusan Nomor 52/Pdt.G/2019 Jo. Putusan Nomor 396/Pdt/2021/Pt Dki, Fahira Zahara Ghassani

Lex Patrimonium

Franchising is a business system that makes it easy for entrepreneurs to expand their marketing. Therefore, before running a franchise business, the parties must make a franchise agreement that aims to protect the interests of the parties properly. A franchise agreement made in written form can be the basis or evidence if one of the parties defaults. However, there are still franchise businesses that make agreements in the form of unwritten or verbal actors, even though PP 42/2007 and Permendag 71/2019 require written agreements. This is what becomes between the franchisor and the franchisees involved in the franchise business as …

"Pemanfaatan Barang Milik Daerah Kabupaten Penajam Paser Utara (Studi Kasus Penyerahan Pengelolaan Sisi Darat Pelabuhan Buluminung)", Melindya Santoso Putri

Lex Patrimonium

The Regent as the Regional Head in the North Penajam Paser Regency should carry out Regional Property Management (BMD). With the existence of five forms of utilization in the form of rental, borrowing, utilization cooperation, building to handover or building handover, and cooperation in providing infrastructure based on PP 27/2014, PP 28/2020, Permendagri 19/2016, Pemda Penajam Paser North 11/2018. A port is a place consisting of land and or waters with certain boundaries as a place for government and company activities. There is a legal problem, namely in the transition of the Management of the Land Side of the Buluminung …

Perbandingan Hukum Pemutusan Surat Kuasa Secara Sepihak Antara Indonesia Dan Belanda Sebagai Bentuk Wanprestasi (Studi Putusan Nomor 704/Pdt.G2017/Pn.Mdn), Karsten Maruli Rogate Hutauruk

Lex Patrimonium

The power of attorney agreement is commonly found in dealing with a legal problem that carried out by the community, both in Indonesia and the Netherlands. In Indonesia the Power of Attorney Agreement, is regulated in Articles 1823 and 1814 of the Book of Civil Law which states that the Principal could revoke power of attorney at any time, but turns out that in practice there is Power of Attorney that can not be revoked called Irrevocable Power of Attorney. Regulated in the Instruction of the Internal Affairs Minister No. 14/1982 and Government Regulation No. 24 of 1997 that regulate …

Analisis Pencantuman Klausul Kompensasi Dalam Perjanjian Perkawinan Sebagai Implementasi Asas Kebebasan Berkontrak, Dinda Ramadhani

Lex Patrimonium

Marriage agreement is commonly recognized by the society nowadays. Article 29 Subsection (2) of Indonesian Marriage Act only regulate a limitation that the content of marriage agreement can not violate the law, religion, and ethics. There are different kind of opinions regarding whether marriage agreement can only regulate regarding matrimonial assets in accordance with Indonesian civil code or it can regulate in every aspect as long as it does not cross the limitation set by Article 29 Subsection (2). This research analyses about the inclusion of compensation clause in marriage agreement as an implementation of freedom of contract principle. Method …

Pewarisan Akun Digital, Nicolas Mario Gunawan

Lex Patrimonium

The rise of digital growth in this era of globalization has shown the need for adjustments in existing law in society, in relation to problems that may arise from said digital growth. One growth that can be said to have happened rampantly can be seen in the law of property, which has to face a lot of new additions that came due to digital growth, for example in bitcoins, MP3 Files, among many other things. Within said property, there is an item that are of interests due to the uniqueness of it, which is an account. Such uniqueness comes from …

Analisis Perbandingan Hukum Mengenai Tunjangan Pasca Perceraian Di Indonesia, Richard Daniel

Lex Patrimonium

Divorce, one of the many causes of the end of a marital relationship, brings an impact towards the parties bound in the marital relationship, specifically in the economic conditions.Of the many divorce cases present, the wife in the relationship more often experiences economic hardships, due to the fact that their livelihood during the marriage was provided by the husband. Hence, to prevent condition whereas one of the former spouses being burdened because of divorce, it is necesarry to have defined law regarding spousal maintance after divorce. This thesis discusses the law of spousal maintance in Indonesia and compares it with …

Wake Up And Smell The Smog: The Third Circuit Provides Clarity On Cercla's Federally Permitted Release Reporting Exemption In Clean Air Council V. United States Steel Corp., Zachary Lawlor

Villanova Environmental Law Journal (1991 - )

No abstract provided.

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

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The Foreclosure is considered as the most drastic or draconian remedy, which leads to the extinction of the equitable right of redemption and restoration or recovery of the mortgaged property enjoyed by mortgagor, due to his or her default from repaying the debt secured by mortgaged Property. Which allows the mortgagee to acquire the ownership of the mortgaged Property, after being transferred to him or her. It is also worth-bearing in mind that the foreclosure is considered as an equitable system, imposed by the rules of justice and equity, in order to eliminate the mortgagor's procrastination or default from repaying …

An Analytical Study Of Family Ownership According To Law No. (9) Of 2020 Regulating Family Ownership In The Emirate Of Dubai, Dr. Nasr Aboul Fotouh Farid Hassan

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

In this research, we discussed the Family ownership, which is a type of common property that regulates the rights of the same family members who work together. This family ownership aims to save the money by figuring out the perfect way to invest it. Furthermore, we explained the family ownership contract and the rules that regulate it. We also addressed how to transfer the common ownership, and how to manage the family ownership. We have concluded that, there is a difference in the “family concept” between the “Family Planning Law” in the Emirate of Dubai and that stated in the …

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

مجلة جامعة الإمارات للبحوث القانونية 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 …