UAE Law Research Articles

The Tools to protect The Other "who has good intentions” in the period of establishment of the joint stock companies A study in UAE law in the light of Feqh Islamic rules

This research includes the tools to protect The Other "who has good intentions” in the establishment of the joint stock company in the companies' law of the United Arab Emirates and Islamic law, by defining the concepts of this study, and identifying the ways and tools to protect the rights of The Other "who has good intentions” during the stage of establishing the joint stock company, with Explanation of the Islamic jurisprudence ruling on protecting the other, when establishing a joint stock company.
 One of the most important results is that the United Arab Emirates is keen to protect The Other "who has good intentions” dealing with joint stock companies, as a foreigner to the company’s main contract, and he has dealt with the company’s management depending on external appearances without his knowledge of what happened during the establishment period. And that the law distinguishes between the status of partners and the status The Other "who has good intentions” in upholding the invalidity resulting from a breach of one of the formal pillars. Partners may benefit from their negligence of not writing the contract or not performing publicity procedures, while The Other "who has good intentions” may invoke invalidity against the partners. They contracted with him on behalf of the company personally and jointly liable for the obligations arising from this contract.

Crimes of defamation, insult, fraud and extortion through electronic means An analytical study of the laws of Islamic Sharia and the laws of the Emirates

The study dealt with a scientific and academic proposal on the issue of crimes committed through electronic media, and the legal treatments for these types of crimes. It aimed to clarify the forms and images of the crimes of insult, slander, fraud, and fraud through the electronic medium in Islamic law by presenting the jurisprudential opinions and clarifying the legal effects resulting from those crimes committed through the electronic medium, and clarifying the legal treatment for them in the UAE law, as well as the explanation and analysis of the concept of the crime of electronic extortion The motives behind the commission of that crime, and the legal consequences resulting from that crime. And he followed the descriptive, analytical and comparative approach, to describe the phenomenon and analyze it from all its dimensions and aspects, and it concluded several results, the most important of which is a statement of the distinction between the general criminal policy contained in the Penal Code and what these crimes need from a different criminal policy, whether criminalization or punishment, the UAE legislator also drew attention to this The difference in the criminal model of these crimes, their means, and perpetrators, and in general, they are subjective from their traditional counterparts, even if they are similar in purpose and purpose. Keywords: crimes - the medium – electronic

The legal value of Zoom’s contractual terms: A comparative analysis of the UAE and French law

ABSTRACT The Covid-19 pandemic led to a surge in the use of video-conferencing services offered by Zoom, which has continued in post-pandemic times. This paper sheds light on Zoom’s contractual terms related to governing law and jurisdiction, and its applicability in Emirate and French laws. It attempts to answer the question about the circumstances in which the local courts will take jurisdiction over a dispute, notwithstanding that the parties agree that such disputes will be resolved in the jurisdiction stated in the clause. It also provides an analysis of the exclusion and limitation of Zoom’s liability clause. Specifically, it looks at the effectiveness of the limitation of Zoom’s liability in Emirate and French laws. The study emphasizes the need for policy and legislative framework to address this new area of law and technology to protect users from contractual terms in e-services agreements since video conferencing services continue to thrive and drive growth in the post-pandemic world.

Child Trafficking Victim Protection in the United Arab Emirates Legislation from the Perspective of Islamic Jurisprudence

This study examines the model of protecting victims of child trafficking in the UAE from the perspective of Islamic jurisprudence, through research, analysis, and legal texts in UAE law related to human trafficking crimes, and through research on Sharia provisions in Islam. This study aims to examine the protection model for victims of child trafficking in the UAE legislation and Islamic jurisprudence, analyze the effects of the phenomenon of child trafficking, and evaluate the model for protecting victims of child trafficking in the UAE from the perspective of Islamic jurisprudence. To achieve these objectives, the researcher applies the descriptive-analytical method. The study concludes that the crime of child trafficking is not a domestic crime in the United Arab Emirates, but rather a crime with an international and global dimension The United Arab Emirates is a catalyst for the crime of human trafficking as a result of its high degree of safety, the multiplicity of nationalities inhabiting it and suffering from poverty in their countries of origin .The spread of poverty, unemployment, the desire to get rich quickly, the weakness of moral and religious scruples, and the lack of censorship on websites are among the most important reasons for the spread of the crime of child trafficking .Despite the various intensive efforts to combat this crime, following the instructions of the Islamic Sharia, which laid down provisions and texts that meet the protection of human beings in all aspects of life from inception to death, the rate of human trafficking cases in the United Arab Emirates is constantly increasing .The most important recommendations of the study are the need for government legal authorities to make greater efforts to organize and follow up the residency and nationalities of foreigners, especially children, as they are closely related to the crime of human trafficking.

Rationalizing anticipatory breach in Emirati law: A comparative legal study with English law

The Dubai Court of Cassation ruled a new trend in 2013 by creating the principle of anticipatory breach in a real estate appeal in Emirati law despite the fact that no similar doctrine is known to exist under this law. This doctrine is found in common law legal systems; it authorizes the innocent party to terminate the contract and sue for damages if there are serious grounds to believe that the other party will not perform his future obligations, even though the time of this performance is not yet due. UAE law, and likewise French law, recognizes the principle of an “actual” breach of contract; it must be a “present” to invoke the remedies of the agreement. This paper is meant to detect which bases the Dubai Court of Cassation relied on in the assessment of its decision in comparison with the nature of this doctrine (English law). It finally recommends the insertion of this doctrine in the general principles of contract law provided in the law of civil transactions with specific conditions and procedures.

"الحماية المدنية للأسرار التجارية وفقاً للتشريع الإماراتي واتفاقية تربس "دراسة مقارنة

There is no doubt that the confidential information shall be legally protected, especially if it has an economic value, and its owner has taken all necessary measures to maintain its confidentiality, so that the owner acquires a competitive advantage over other competitors. Some legal systems, like UAE law, do not regulate these secrets by a spcial law. Thus, the general rules may be utilized to protect such information in addition to other protective methods and rules such as unjust enrichment and, unfair competition. As such, this study is divided into two sections. The first section deals with the concept of trade secrets and examines the conditions of trade secrets protection. The second section contains the means of trade secrets protection. Finally, the study concluded with the main findings, recommendations, and suggestions that insist on the importance to enact specific law to regulate the legal protection of trade secrets in the UAE.

Reconsidering the Special Rules of Mitigation of Damages for Breach of Contract for the Sale of Goods in UAE Law

Abstract This research focuses on the regulatory framework of a creditor’s duty to mitigate damages in UAE law, and examines the extent to which this organization is consistent with the provisions of the UN Convention on the International Sale of Goods. The absence of an explicit legislative provision imposing this duty in the national law does not preclude the possibility of implementing many general rules governing the theory of contract provided in the UAE federal law on civil transactions. It also concludes that the regulation of commercial sales contracts provided in the UAE federal law on commercial transactions is counterproductive in organizing this duty in contravention of the general rules of contract law and international perspective and in contrast to the provided goals of these special provisions (maintaining mutual trust between the contracting parties and the stability of commercial transactions). It suggests fundamental amendments to the federal law on commercial transactions.

ضوابط حماية الحق في حرية التنقل وسلامة الجسد أثناء إجراء القبض: دراسة مقارنة بين النظام السعودي والقانون الإماراتي

International and local efforts in Gulf countries in general and in the United Arab Emirates and Saudi Arabia in particular have focused on providing a supportive legal environment for the protection of rights and freedoms, in particular the right to freedom of movement and the right to physical integrity. This research aims to clarify the availability of the regulatory protection of the right to freedom of movement and the right to physical integrity in international law. It also discusses and analyzes the regulatory protection of the right to freedom of movement and the right to physical integrity in the Saudi legal system and UAE law, and what violation of these two rights arrest procedures, as a criminal investigation procedure, may cause. The research focused on discussing the legal, personal, and temporal controls to protect the right to freedom of movement, and the regulation on good treatment and physical integrity within a time frame of arrest to protect the right to physical integrity during arrest. The research found a great deal of protection, with the need for more training of the competent authority to avoid any transgression against either of the two rights. It recommended that some regulations and legal texts should be amended to ensure protection in an optimal way.

UAE Legal Amendments During The Covid-19 Pandemic

The pandemic known as COVID-19 has taken the entire globe with a blast. The outbreak which initiated in December 2019, has been reported to have spread across six continents of the world in just a single quarter. The UAE like many other developed countries of the world is trying its best to curb any further spread of the novel virus. Unfortunately, some sectors of the society have taken this situation to work in their vital interest to fulfil ulterior motives, while some others, due to the oblivion of the UAE law get jeopardized by the same token. This negligence on part of several people may turn costly. Hence, I as a lead author on UAE laws decided to research the entire scenario and provide certain plausible legal solutions to our valuable audience. The regulations of the UAE have drastically been amended during the current pandemic of COVID-19, enabling loads of revisions to existing laws. One of the most important issues during the lockdown has been to regulate food supplies and garner stocks. This has been an ancient practice but was never instituted under the prevalent laws of the UAE, as there was never a need for such an occurrence. Ever since the outbreak of COVID-19, as the UAE went under a complete lockdown, changing the world of all residents in a dramatic way. This book covers significant discussion on the impact of the pandemic on all walks of life including but not limited to education, health care, employment, trading, court procedures and many more. At Amazon Inc, we are trying our level best to apprise the public of the latest developments in various sectors due to the outbreak of the pandemic. Nonetheless, a disclaimer for the audience about these rules and regulations may be altered through the process of time.

Criminal protection of corporate websites: An analytical study

In the light of the state’s economic revolution and tremendous techniques sweeping the communication in the recent years which seeks to establish the concept of e­government practically, and the huge increase in using the Internet by all member of society including companies that depend on e-commerce, the UAE legislator is keen to report on criminal protection of a website by issuing the Federal Decree-Law No. 34 for the year 2021 on Combating Rumours and Cybercrime. This research aims to demonstrate the effectiveness of the UAE law in combating hackers who attack and spy on sensitive data of financial, commercial, or economic establishments. To achieve that, the researcher examined the concept, legal nature, and components of a website similar to a previous study conducted in Ukraine (Nekit, Ulianova, & Kolodi, 2019). The researcher opted to check what the website means and state its advantages and disadvantages, and then dealt with all forms of penal protection of the website in the UAE law as well as the general rules of responsibility for the crimes of hacking, and finished the research by conclusion including the most important findings and recommendations such as that the UAE legislator needs to amend the text of Article 75 of the Code of Criminal Procedure, so as to monitor wired and wireless conversations including the website. A command should be issued from the judge, so as to be justified and useful in revealing the truth

The Legal Framework on Human Trafficking in the UAE

Trafficking in human beings is not accepted by the International Entities as a whole; because of the human rights violations that it entails and the woes that result from these acts. This research aims to identify the legal framework for crimes of trafficking in human beings in the UAE, and what made these legislations are distinquieshed in the CGC related to their phases of developments, by answering two main questions, firstly: What is the crime of human trafficking and its pillars? Secondly: what is the role of the UAE legislator in combating human trafficking crimes? The research followed the descriptive analytical approach. Finally: at the end of this research, number of results are reached related to the development of the UAE law as a special law for crimes of human trafficking as a complementary law to the Federal Penal Code. There are matters and procedures the UAE law must do it, for example, the need to criminalize the act of incitement to commit crimes of human trafficking in all its forms, by any means and whatever the legal or factual effect of this incitement.

إنهاء الوقف دراسة فقهية

إنهاء الوقف دراسة فقهية عبد المحسن عيسى العتال قسم الفقه وأصوله، کلية الشريعة والدراسات الإسلامية، جامعة الشارقة، الشارقة، دولة الإمارات العربية المتحدة. البريد الالکتروني: Bo.a7mad40@gmail.com ملخص البحث: إن هذا البحث يتناول موضوع إنهاء الوقف من حيث النظر الفقهي له ثم اتبعت ذلک بما أخذ به القانون الإماراتي المتعلق بشأن الوقف، متبعا بذلک المنهج الاستقرائي المقارن، وقد قسمت البحث إلى مبحثين، تحت کل منهما أربعة مطالب، فالنتائج فالخاتمة، وتوصلت بنهاية البحث إلى نتائج من أبرزها جواز انتهاء الوقف بانتهاء مدته بناء على جواز التأقيت بالوقف، إذ هو الأنسب لعصرنا الحالي، جواز الرجوع في الوقف الذري دون الوقف الخيري سدا لذريعة تنازع الورثة بالوقف. الکلمات المفتاحية: وقف، انتهاء، تأقيت، الموقوف عليهم، الرجوع. End the endowment a jurisprudential study Abdalmohsen Esae Alattal Department of Jurisprudence and its Foundations, College of Sharia and Islamic Studies, University of Sharjah, Sharjah, United Arab Emirates. Email: Bo.a7mad40@gmail.com Abstract: This study deals with the issue of terminating the Waqf from the point of view of the jurisprudential view of it. Then, the study discussed the adoption of the UAE law related to the Waqf, following the comparative inductive approach. The research is divided into two chapters, each chapter is divided into four sections, then the results and the conclusion. At the end of the research, the study reached conclusions, the most prominent of which is the permissibility of terminating the Waqf by the end of its term, based on the permissibility of determining a time for the Waqf (Temporary WAqf), as it is the most appropriate for our current era, and the permissibility of cancelling the Family Waqf rather than the Charitable Waqf in order to prevent the excuse of the heirs contesting the Waqf. Keywords: Waqf, Termination, Temporary, Beneficiaries, Cancel

Compulsory license to utilize the patent in accordance with UAE law and in light of the TRIPS Agreement

The study deals with legal texts dealing with compulsory licensing to exploit an invention, covered by legal protection in accordance with UAE law and TRIPS, the researcher follows the curriculum. Descriptive analysis and comparison of texts dealing with compulsory licensing in UAE Law. In the light of the TRIPS Agreement, the study focused on determining what is meant by compulsory licensing The right to grant a compulsory license in the event that they are available to the judiciary or cases where the UAE law permits the Minister to grant the license Compulsory with the conditions to be granted for the granting of compulsory license in each case of Cases in which UAE law and the TRIPS Agreement permit the compulsory licensing of third parties.The study examines the conditions for granting a license Compulsory and its legal effects, the study was divided into two subjects, and the section of each topic to two requirements, in addition to a conclusion containing the most important findings and recommendations.

Whistleblowing: protection or discouragement

PurposeThe purpose of this paper is to survey UAE legislative initiatives affecting whistleblowing. Many studies claim that whistleblowing is one of the most effective mechanisms in fighting corruption. Either done merely to satisfy regulatory requirements or in genuine efforts to counter internal fraud, many organizations around the world incorporate whistleblowing programs. However, a lack of comprehensive whistleblower protection remains the main impediment for reporting misconduct or wrongdoing. A country’s legislative framework and its cultural and socio-economic specifics impact the effectiveness of such protective measures. Moreover, in the absence of comprehensive, stand-alone whistleblowing laws, whistleblowers can become victims not only of employers’ retaliatory actions but also of criminal and civil charges.Design/methodology/approachThis paper surveys the UAE law and regulations in regard to whistleblower protection. It also raises concerns regarding their effectiveness based on the county’s unique socio-economic and cultural environment and their interplay with other legislations, which can potentially make whistleblowing a criminal offense.FindingsIn the absence of stand-alone whistleblowing legislation, cultural aspects and other laws can serve as deterrents for whistleblowers. It is crucial for a jurisdiction to set up an effective legal and regulatory framework to enable synergy across different laws and agencies involved. Implementation of comprehensive, stand-alone whistleblowing legislation might help provide legal certainty and clarity.Research limitations/implicationsIn the absence of empirical studies on UAE whistleblowing, the researcher primarily relied on English translations of the country’s laws and regulations, official press releases and English media sources.Practical implicationsThis study introduces relevant background to organizations establishing their own whistleblowing policies and employee training.Originality/valueThis paper examines the effectiveness of whistleblowing legislative initiatives through the prism of the country’s cultural, socio-economic and legal environment.

المساواة وعدم التمييز الإلکتروني على أساس الإعاقة کأحد رکائز المسؤولية الاجتماعية لمؤسسات التعليم الإماراتية

تعالج هذه الدراسة مسألة مدى مراعاة مؤسسات التعليم العالي الإماراتية مسؤوليتها الاجتماعية والقانونية من خلال احترام مبدأ المساواة وعدم التمييز المکفول دستوريا وتشريعيا فيما تقدمه من خدمات تعليمية إلکترونية مختلفة کالتسجيل والتعليم الإلکتروني وحوسبة الامتحانات، وذلک انطلاق من أهمية احترام حقوق الإنسان بوجه عام والأشخاص المعاقين بوجه خاص کمقوم أساس من مقومات المسؤولية الاجتماعية لقطاع التعليم العالي. وقد توصل الباحث من خلال هذه الدراسة إلى العديد من النتائج والتوصيات ومنها : أن وجود وسائل بديلة لإتاحة البيانات والمعلومات للأشخاص المعاقين لا يغني عن ضرورة تلقي الخدمة إلکترونيا، و التأکيد على أهمية التعليم باعتباره حق ووسيلة وطريق تعرف به کافة الحقوق الأخرى، و ضرورة إجراء العديد من التعديلات على القانون حقوق المعاقين الإماراتي بصورة تشمل إعادة النظر في تعريف (المعاق) واعتبار البيئة الإلکترونية جزء لا يتجزأ من السياق الاجتماعي للإعاقة ، ودعوة مؤسسات التعليم الوطنية إلى المساهمة الفاعلة في تحقيق أهداف التنمية المستدامة واحترام حقوق الإنسان من خلال مراعاة مواصفة الأيزو رقم 26000 حول المسؤولية المجتمعية ، والمواصفة المتعلقة بالتمکين الإلکتروني(ISO/IEC 40500:2012 (W3C)) Abstract: This study examined the extent to which the UAE higher education institutions taking in consideration their social and legal responsibility, by following the constitutionally and legally guaranteed principle of equality and non-discrimination in providing the electronic educational services such as: E-registration, E-learning and E-exams. The study also highlights the importance of respect for human rights in general and the rights of persons with disabilities in particular as a basis for the social responsibility of the higher education sector. The researcher concluded: that the existence of alternative means of providing data and information to people with disabilities does not eliminate their right to receive the service electronically, and emphasized on the importance of education as a right, means and a way to recognize all other rights. The researcher also shed light on the need to perform several essential amendments to the UAE law on the rights of the persons with disabilities, including : the definition of (the persons with disabilities) and to consider the E-accessibility as an integral part of the social dimension of disability, and to call on national educational institutions to contribute effectively to the achievement of the goals of the sustainable development and to respect for human rights by taking into account ISO standard 26000 on social responsibility and the electronic accessibility standard (ISO / IEC 40500: 2012 (W3C));

Criminal Liability of Legal Persons for Food Adulteration Crime in UAE Law

Criminal Liability of Legal Persons for Food Adulteration Crime in UAE Law

Dana Gas: The Sukuk Dispute

In its announcement dated 13 June 2017, Dana Gas called for a restructuring of the Sukuk maturing in October worth US$700 million. This demand was based upon the claim that the evolution of Islamic finance and jurisprudence since the original structuring of the mudarabah sukuk had rendered it, in its present form, Shariah non-compliant and hence unlawful and unenforceable under the UAE law. This case analyzes the impact of the events leading up to this decision on the work of financial analysts following such firms and products. In response to the principles laid down by the management for a restructuring deal, the ad hoc committee representing sukuk holders refused to exchange the existing instruments with the new ones. Dana Gas secured a series of injunctions around the globe preventing enforcement by creditors after it ended up in a legal battle with its sukuk holders in courts both in the UK and the UAE. In November 2017, the English court ruled in favour of Dana’s creditors, dismissing the grounds of the company’s claims as unfounded under contractual obligations. Despite this, the legal battle was far from over as a verdict from the UAE court on the validity of the sukuk was still awaited. Although this was not the first sukuk dispute faced by the US$2 trillion Islamic finance industry, it was certainly a distressing and potentially destabilizing development for the international sukuk market.

P.168: Factors associated with successful family communication regarding brain death and organ donation – a single center experience in UAE.

Background: Family communication regarding brain death and the subsequent request for organ donation is challenging under any circumstances. In the UAE it is particularly difficult as the laws regarding brain death and organ donation were only enacted recently and the community awareness regarding these concepts is fairly low. For these reasons, the rates of consent for deceased organ donation are modest. We sought to determine the factors associated with a positive response from family regarding consent for deceased organ donation. Methods: We conducted a qualitative review of patient charts of all brain death patients where we were able to obtain consent for donation. We then attempted to identify any commonalities that were felt to be associated with a positive response. Results: A total of five cases were identified starting from the year 2017 when the laws in UAE were changed to permit deceased organ donation. A number of themes emerged. 1.Understanding of the concept of brain death in the lay population is poor. 2.In all cases of successful consent, several meetings over several days were needed for families to understand and accept the diagnosis of brain death. 3.“Decoupling” the information of brain death with request for organ donation is of paramount importance. It is rare for families to accept the diagnosis of brain death in the first instance. All successful requests were only made after the family had accepted the diagnosis and was planning on withdrawal of organ support. From past experience, we have encountered several cases of refusal when the request was made too early, before the family had explicitly verbalized understanding. 4.Presence of a first-degree relative at the bedside with authority to make decisions was a common factor in all successful cases. All of our donors happen to be expatriates. 5.In all five cases, family communication was handled by health care staff who had undergone specific training in family communication. 6.In only one of the five cases at our hospital was an interpreter used. Conclusions: The main factors associated with a positive response for deceased organ donation in our hospital include •allowing families sufficient time to accept the diagnosis of brain death •decoupling •having a first-degree relative with decision-making ability available at the bedside •using health care staff trained in family communication These findings need to be confirmed by a future study with a larger sample size.

The Protection of Minors in UAE Law as Persons in Need: An Analytical Study

Abstract This article reviews the legal regime for the protection of minors in the UAE. First, the rights of minors protected under threat of criminal sanctions, as enshrined in the UAE Children Rights Law 2016, is addressed. Subsequently, the protection of minors in civil legislation, especially with regard to financial transactions, is considered by examining the legal effects of acts performed by minors themselves or by agents on their behalf. The legal authority of a minor’s agent to act on his/her behalf is outlined and the consequences of acts performed by the minor or his/her agent beyond legal limits is presented. Finally, the role of the Social Care and Minors Affairs Foundation (SCMAF) is considered when caring for minors and protecting their property. The article concludes with an assessment of the legal regime for the protection of minors, especially in connection with financial transactions, evaluates the guarantees and safeguards included therein, and issues some additional recommendations.

Legal Aspects of Sports Insurance Contract According to UAE Law

Legal Aspects of Sports Insurance Contract According to UAE Law