Commercial Law Commons^™

Trademark Ownership Of The Store Between The Seller For The Buyer: A Comparative Study, Omar Falah Alatine

UAEU Law Journal

This study aims to shed the light on the trademark as one of the moral elements that promote in the commercial store and the extent of the ownership of that mark between the store vendor, who did not mention it during the sale of the trademark, and the purchaser (the new owner), who considered the trademark is an integral part of the sale process, leading the purchaser to use such a trademark. Moreover, the study highlights and addresses the arguments and evidences that support the view of each party in terms of the ownership of the trademark. This article is …

Legal Aspects Of Brand Mortgage: A Comparative Study, Hussein Tawfik Faid Allah, Nasser Khalil Jalal

UAEU Law Journal

This article studies the legal aspects of the brand mortgage from the premise its primary purpose is to serve as a legal tool for the brand owner to obtain finance products necessary for the management and development of the owner’s project. Therefore, it is necessary to amend the laws to permit the brand owner to mortgage his brand with his business as collateral [or independently] in order to achieve the purpose of the mortgage.

If we take into account the special nature of trademarks as immaterial rights and the consequential difficulty of transferring possession to the mortgagee, it does not …

The Environmental Impact Of Technological Innovation: How U.S. Legislation Fails To Handle Electronic Waste's Rapid Growth, Marisa D. Pescatore

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Towards Enhancing The Shareholder's Right To Control The Management Of The Public Shareholding Company, Ahmad Qasim Farah

UAEU Law Journal

The control of the management and functioning of the Public Shareholding Company is one of the most important rights given to the shareholder, who can exercise this right, individually or collectively, through the Company's General Assembly. To be able to exercise his vital right, the shareholder should be informed of the Company's administrative and financial situation. Hence, the shareholders' information right has been always enhanced by the Comparative legislations through diversifying and expanding its means and scope.

However, by analyzing the provisions of U.A.E Companies Law, it was clear that these provisions are insufficient for the effectiveness of the shareholder's …

The Provisions Of Security Cheque From The Perspective Of Commercial Law, Alaa Al-Nuaimi

UAEU Law Journal

Like other negotiable financial instruments, cheques are subject to commercial legal rules, which protect these bills to ensure trust, simplicity, and fast circulation and transmission. Unlike other bills, the cheque has a criminal protection in addition to its commercial protection. This is the reason behind using cheques as a security bill, although in its origin, it is just a payment instrument not providing any credit to the payee. Moreover, some cheques are used as security cheques with no intention to pay its facial value. Security cheques raise many questions about the applicable legal rules, since it is a negotiable bill …

Protection Of Human Rights At The Commercial Companies Between International Principles And National Laws Of The Sultanate Of Oman, Amel Kamel Abdallah

UAEU Law Journal

declares sources and contents of the obligation of respecting human rights imposed on business enterprises by initiatives of international organizations. Many violations of human rights had committed by Multinational companies, accordingly, international organizations, especially United Nations, tries to draft rules balancing between company’s desire of profit and ethical commitments. The most important rules in that field stated in the framework drafted by the special representative of UN Secretary General on the issue of human rights and transnational corporations and other business enterprises – John Ruggie (Ruggie Report 2008) .The Guiding Principles of Ruggie Report on Business and Human Rights Implements …

The Legal Status Of The Shipper In Light Of The Rotterdam Rules Of 2008, Imad Al-Din Abdel-Hai

UAEU Law Journal

The Rotterdam Rules of 2008 focused on the fundamental goal of creating a balance between the interests of the shippers and the interests of the carriers, after both sides complained about the Hamburg Rules of 1978 and the Treaty of Brussels of 1924 for the reason of the tendencies of each party at the expense of the other. The Rules developed many legal texts under the necessity of development and modernity in transport rules, starting with the change of the concept of the contract of carriage, passing through the documents and electronic data transfer and to determine the responsibility of …

The Contract Interpretation Policy Debate: A Primer, Joshua M. Silverstein

Law Faculty Scholarship

Contract interpretation is one of the most significant areas of commercial law. As a result, there is an extensive academic and judicial debate over the optimal method for construing agreements. Throughout this exchange, scholars and courts have advanced a wide array of conceptual, theoretical, and empirical arguments in support of the two primary schools of interpretation— textualism and contextualism—as well as various hybrid positions. This Essay is intended to serve as a primer on those arguments.

Legal Controls For Credit Rating Agencies Legal Study According To The Uae Legislation, Murad Almawajdeh

UAEU Law Journal

The issuance of Federal Law No. (6) for the year 2010 on the credit information and the decision adopted by the Cabinet Resolution No. (16) for the year 2014 regarding the executive regulations of this law, represents an significant step on reducing the risk of credit. Consequently, this law has required the establishment of particular companies to collect, catalog, preserve and trading of credit information about people, potential borrowers in order to give accurate information and documented financial position about them before making a decision by the banks to finance different financing institutions.

The legislature of the United Arab Emirates …

The Penal Legislative Policy Regarding Fraud In The New Uae Companies Law: A Comparative Study With The French And Kuwaiti Laws, Dr. Hussein Bouaraki

UAEU Law Journal

The crime of inflating in-kind shares and the crime of distributing fake profits is criminalized by an act of fraud and deceit that is encapsulated in a core activity of corporate activities. Due to their importance, UAE and Kuwaiti lawmakers organized these crimes with their respective corporate laws. This crime deals with important matters about the applicability of the crime to the assessment of the rights of contribution. The main issue is the extent to which criminalization is applicable in the light of Article (11) of the Kuwaiti Companies Law, which permits exaggeration if it does not reach 10% according …

The Impact Of Corporate Governance On The Continuity Of Family Businesses In Saudi Arabia, Saad Abdulmohsin Alrowaished

Maurer Theses and Dissertations

In small villages, in cities booming with commerce, in remote fishing communities, and massive marketplaces, in tropical destinations, and in corners of the globe few have ever visited, one is always able to find family businesses. From small wares being sold to neighbors, to huge corporations with billions in assets, families hold and always have held a segment of the global market that cannot be ignored. While family businesses have existed throughout history, legal advice and governance specifically geared toward them, which holds the success of the family business at the center of the laws, has never been a focus …

Implementing An Efficient Insolvency Framework For Micro And Small Firms, Aurelio Gurrea-Martinez

Research Collection Yong Pung How School Of Law

Micro, small and medium-sized enterprises (MSMEs) represent about 90% of businesses and more than 50% of employment worldwide. Despite the economic relevance of MSMEs in most countries around the world, and even more in emerging markets, most insolvency jurisdictions do not address adequately the insolvency of MSMEs. In a recent article, entitled ‘Implementing an Insolvency Framework for Micro and Small Firms’ (International Insolvency Review, forthcoming), I seek to contribute to the existing literature on the insolvency treatment of MSMEs. After analysing the particular problems and features of MSMEs, as well as the insolvency reforms for MSMEs recently implemented in various …

Pricing Drugs Fairly, Govind Persad

William & Mary Law Review

Dissatisfaction with drug prices has prompted a flurry of recent legislation and academic research. But while pharmaceutical policy often regards fair pricing as a goal, the concept of fairness itself frequently goes undefined. Legal scholarship—even work ostensibly focused on fairness—has not defined and defended an account of fair pricing. Recent legislative proposals in the House and Senate have similarly avoided a determinate position on fairness. This Article explains and defends an account of what makes a price for a drug fair (identifying fair price with social value), argues for implementing fair pricing through a price ceiling grounded in social value, …

Comparative Advertising And Its Legitimacy: A Comparative Legal Study, Dr. Bakhtiar Saber Bayez

UAEU Law Journal

Commercial comparative advertising is that advertising which is exposed to someone who is competitor or exposed to goods or services offered by the competitor , and that advertising will not be project unless if it was impartial and honest and does not aim to harm a third party, whether if he was merchant competitor or an ordinary consumer, that means the relationship between commercial advertising and comparative mislead the consumer is not inevitable and is not correct to connect between them in all cases, but on the contrary, we believe that the presence of commercial comparative advertising elucidate the way …

The Uae Legislator Organizes The One Person Company In The Uae Federal Companies Law No. (2) For The Year 2015, Dr. Muayed Obiedat

UAEU Law Journal

This study addressed the most important issue, which is organizing by the Emirati legislator for one Person Company in federal corporate law no. (2) For the year 2015, and its importance is reflected in the fact that this subject is one of the most important legislator introduced by the amendments to the previous law.

And highlights the problem of this study is that despite the fact that the UAE legislator has organized legal provisions relating to this company, but some were ambiguous, and that when organized its provisions has emerged as a clear difference between them, according to the shape …

Forced Sale Of Shares Of The Underwriting Beneficiary In The Joint Stock Company: A Comparative Study Of Syrian And Emirati Laws, Moataz Bellah Al-Eneid

UAEU Law Journal

When establishing a Joint-stock company, the founders may decide to divide the value of the shares into a number of installments, but there will be a chance that an investor (shareholder) or number of investors might default in payments of their shares, leading the corporation into financial difficulties, and if the company decides to take the regular legal method to oblige each investor to pay his debt via a law suit, it will end up wasting too much time, effort, and money on that, which contradicts with the commercial requirements that are based on speed and credential. as to this …

The State As A Shareholder: A Study Of Partial Privatization And Its Impacts On Corporate Governance In The Kingdom Of Saudi Arabia, Meshal Faraj

UAEU Law Journal

Different studies show that partially privatized firms outperform their private peers in Saudi Arabia. Ownership of Saudi government of publicly traded companies may be feasible economically, but legally creates a hard case. The literature of corporate governance is still unable to absorb the implications of government ownership. This study attempts to examine those implications and its impacts on jurisdictions featuring dual judicial legal systems (administrative and civil courts) through presenting Saudi Arabia case.

The Saudi government adopts the single tier board structure. Under this structure, only shareholders are entitled to elect board of directors. When the government holds a controlling …

The Legal Nature Of The Virtual Currency: In-Depth Legal Insight, Dr. Ahmed Al-Majali

UAEU Law Journal

The importance of the study is that the virtual currency has recently seen a great development and unusual demand, especially since the emergence of the Bitcoin. This is due to the liberalization of the restrictions imposed by the traditional currencies, which has become a form of monetary competition, the main element that distinguishes it is its areas of use: it combats speculation in local currencies, activates commercial activities, facilitates transfers for commercial, educational and service purposes, and many more legitimate purposes. More importantly, these transactions and transfers are carried out without disclosing the identity of the persons who implement them, …

Family Corporate Governance In The United Arab Emirates: Challenges And Prospects: Applied Legal Study, Mr. Omar Muhammad Sultan Al-Owais, Imad Al-Din Abdel-Hai

UAEU Law Journal

This study revolves around the most prominent challenges facing the governance of family companies in the UAE, represented by the inheritance of employment, the lack of strategic planning, and the slow pace with keeping up with new digital technologies. Added to these challenges the economic instability, the changes in the structure of these companies and thus their ability to overcome these challenges throughout their life across successive generations. This succession may conduct to the termination of these companies due the different commercial and organizational visions of each generation, as each of them considers that his vision is the most suitable …

Corporate Law For Good People, Yuval Feldman, Adi Libson, Gideon Parchomovsky

Northwestern University Law Review

This Article offers a novel analysis of the field of corporate governance by viewing it through the lens of behavioral ethics. It calls for both shifting the focus of corporate governance to a new set of loci of potential corporate wrongdoing and adding new tools to the corporate governance arsenal. Behavioral ethics scholarship emphasizes that the large share of wrongdoing is generated by “good people” whose intention is to act ethically. Their wrongdoing stems from “bounded ethicality”—various cognitive and motivational limitations in their ethical decision-making processes—that leads to biased decisions that seem legitimate. Bounded ethicality has important implications for a …