Civil Law Commons^™

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.

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 …

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 …

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 …

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.