Civil Law Commons^™

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 …

A New Stage In The Development Of The Civil Code Of The Republic Of Uzbekistan In The Context Of Digital Reality, Sh. N. Ruzinazarov, L. I. Achilova

International Relations: Politics, Economics, Law

The article deals with the issues of legal regulation and improvement of legislation as an extremely important element of the formation of a digital state based on law in the Republic of Uzbekistan based on the norms of international and national legislation. The issues of existing changes in the conditions of globalization, when modern civil thought is not represented without digital civil circulation, are considered. Theoretical suggestions are made on priority areas for further improvement of civil legislation based on international and national legislation.

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 …