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THE CIVIL CODE - Lex Emirati

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THE CIVIL CODE - Lex Emirati

1 THE CIVIL CODE Translated from Arabic into English by James Whelan MA (Cantab), Cert. Ed. (London) Resident Manager, Clifford Chance, Sharjah

Date added: October 22, 2012 - Views: 122

Business Laws of the United Arab Emirates -VolumeIII

The Law of Civil Transactions of the State of the United Arab Emirates, to give this legislation its official title, or the UAE Civil Code, as it is commonly referred to, was published in the December 1985 issue of the UAE Official

Date added: November 30, 2012 - Views: 2

The New Civil Code of the United Arab Emirates: A Further ...

THE NEW CIVIL CODE OF THE UNITED ARAB EMIRATES 247 was in direct conflict with the prevailing view of society, particularly in the field of

Date added: May 8, 2013 - Views: 21


The attached Commercial Transactions Code shall take force and effect. ARTICLE (2) Any provision contrary to the provisions hereof shall be repealed. ARTICLE (3) The Ministers and specialized Authorities in the Emirates shall,each within the scope of his jurisdiction,

Date added: March 14, 2012 - Views: 41

UAE - Civil Code: Suspension and Termination of Construction ...

1 UAE - Civil Code: Suspension and Termination of Construction Contracts by Nicholas Gould, Partner Most standard form contracts provide a contractual code under which the parties can

Date added: June 17, 2013 - Views: 8

The Impact of the UAE Civil Code upon Commercial Litigation

THE IMPACT OF THE UAE CIVIL CODE UPON COMMERCIAL LITIGATION l)r. Isam Ghanem* The Civil Transactions code of the UAE was promulgated by Federal Law No. S of

Date added: June 30, 2013 - Views: 6

The UAE Civil Procedure Code, Federal Law No. (11) of 1992 ...

The UAE Civil Procedure Code, Federal Law No. (11) of 1992 Chapter Three ARBITRATION . Article (203) 1. The parties to a contract may generally stipulate in the basic contract or by a supplementary

Date added: May 8, 2013 - Views: 55

UAE contract law - 5 legal points to remember Recent legal ...

Article 390 of the Civil Code states that contracting parties may fix in advance the amount of compensation payable under terms of the contract, or in a subsequent

Date added: May 7, 2013 - Views: 7

Doing Business in the United Arab Emirates - Latham & Watkins LLP

UAE Civil Code entities may take one of the following forms: (i) the professional services company; (ii) the speculative venture partnership; or (iii) an Islamic Shari’a-compliant arrangement known as a mudaraba.5 Although these three entities are generally referred

Date added: October 22, 2011 - Views: 48

Construction & Engineering - Mayer Brown

UAE Civil Code Expressly acknowledging Shari’a as a source of law and in many respects adopting principles from Shari’a, the Arab Civil Codes seek to a large degree to achieve fairness

Date added: June 7, 2013 - Views: 3

SETTING UP IN THE UAE - Ali Al Aidarous - Home

The UAE Civil Code provides for the following forms of entities: the professional services company; the speculative venture partnership and a Shari’a complaint arrangement known as a mudaraba. A professional services company is a company where two or more ...

Date added: May 12, 2013 - Views: 2


2 The UAE Constitution –Contents Summary The constitution came into being to explain: the main rules of the political and constitutional

Date added: December 10, 2013 - Views: 1

DUBAI’S LEGAL SYSTEM - Latham & Watkins

federal laws, such as the Companies Law or the Civil Code, as well as the laws and decrees enacted by the Ruler of Dubai, where federal law is absent or silent. Dubai’s courts comprise a Court of First Instance, a Court of

Date added: February 7, 2012 - Views: 49


UAE FIRE & LIFE SAFETY CODE OF PRACTICE FREQUENTLY ASKED QUESTIONS Page | 709 FREQUENTLY ASKED QUESTIONS (FAQ) Q1. What is the fire rating for building having more than 2 basements? A1. All structural members up to and including the floor of the lowest level of discharge of

Date added: February 11, 2013 - Views: 8

Challenges in Structuring non-recourse Financing for Projects ...

Although the UAE is a civil code jurisdiction, Shariah is embedded in many provisions of law. Article 7 of the UAE Constitution provides that Shariah is “a source” for legislation. Article 2 of the Civil Code

Date added: May 15, 2012 - Views: 9


*Including James Whelan’s translation of the UAE Civil Code and the Ministry of Justice’s Commentary Continued overleaf. dUbaI Laws All Dubai Laws Charitable Organisations Civil Service Courts Dubai Chamber of Commerce Dubai Civil Aviation

Date added: November 11, 2011 - Views: 77

e Availability in the UAE of Liens to Secure Payment under ...

Civil Code and Civil Procedure Code provisions. ose who rst exercise their lien rights and seek to register liens with the Land Department will be treading new ground and will want to be well- prepared and educated on their rights provided under existing law.

Date added: January 2, 2012 - Views: 8

Navigating Construction Disputes in the Middle East

In the Middle East, the principle of fairness is fixed in civil law codes, which are for the most part derived from the French Civil Code (Napoleonic) and principles of the Islamic religion known as Shari’a or Islamic Law.

Date added: July 2, 2013 - Views: 7


Mohd Sadique MSc in Construction Law and Dispute Resolution Student Number: 110075 THE EFFECT OF ARTICLE 390(2) OF THE UAE CIVIL CODE ON LIQUIDATED DAMAGES CLAIMS IN THE

Date added: October 15, 2014 - Views: 1

Children’s Rights in United Arab Emirates (UAE)

Page 1 of 50 I. Introduction The United Arab Emirates (UAE) is a federation of seven semi-autonomous emirates1. The president and vice-president are elected by the Federal Supreme

Date added: January 11, 2013 - Views: 5

Construction & Engineering newsletter - Nabarro LLP

Construction & Engineering Newsletter April 2011 Contractors’ rights to suspend works and terminate contracts under FIDIC and the UAE Civil Code

Date added: April 20, 2012 - Views: 15

Gulf Business Law - Lexgulf

Civil & Commercial Procedures Legislation •Federal Law no 5 of 1985 – the Civil Transactions Law (The Civil Code) •Federal Law no 11 of 1992 – the Law of Civil procedure, as amended •Federal Law no 10 of 1992 – Law of Evidence in

Date added: June 9, 2012 - Views: 16

BSA Article - Foreigners' Wills & Inheritance under the UAE Law

In general, inheritance and wills in the UAE are regulated by the UAE Civil Code, Federal Law No.2 of 1987 (the “Code”) and the Personal Affairs Law No.28 of 2005 (the “Law”). Whilst it is not'%20Wills%20&%20Inheritance%20under%20the%20UAE%20.pdf

Date added: June 3, 2012 - Views: 2

Contractual misrepresentation under UAE law

The UAE shares a similar civil law structure to many other Arab countries. After the formation of the federation in 1971, the UAE looked towards Egypt for the drafting of its major codes. Egyptian legal experts thus heavily influenced the legislative process in the UAE and, even

Date added: June 30, 2013 - Views: 4

Decennial Liability and Decennial Insurance - XL Group

ple, its civil code, first published in 1985, draws heavily on the civil code of other Arab countries, notably Egypt, which in turn was heavily influenced by the French Civil Code. Article 880 of the UAE Civil Code provides that

Date added: January 29, 2012 - Views: 14

Foundations are vital when working with UAE Civil Code

working with UAE Civil Code As a push for lengthier pieces of construction-related legislation becomes increasingly felt, Antonios Dimitracopoulos, Partner, Bin Shabib & Associates (BSA) LLP, makes a motion for the adequacy of the current laws and the

Date added: September 23, 2013 - Views: 1

Commercial Arbitration in Dubai - Galadari, Advocates and ...

The UAE’s civil law system is based upon its UAE Civil Code,1 which was itself based upon the Egyptian Civil Code,2 which was based upon the Napoleonic Code to the extent that it complied with the Islamic Sharia. There is no binding judicial precedent, although

Date added: May 1, 2014 - Views: 3

COMPANY REGISTRATION Context of the UAE for the business set up

The provisions of the Companies Law do not apply to entities formed under the UAE Civil Code And Entities incorporated under the Companies Laws: Here 51 percent of the capital of a company must be owned by a UAE national but some rights are

Date added: June 12, 2013 - Views: 1

Doing Business In UAE - 西村あさひ法律事務所

the existing provisions dealing with arbitration in the UAE Civil Code. The Dubai International Financial Centre has its own modern and effective Arbitration Law. 11.4 How are arbitral awards enforced in the UAE?

Date added: September 21, 2012 - Views: 16


254 of the UAE Civil Code and the United Kingdom Act is that under the latter it is not sufficient for the obligation to amount to a benefit for a third party but it must further be apparent from the contract that the parties intended for the term to

Date added: April 24, 2014 - Views: 3

Code of Ethics and Professional Conduct - الهيئة ...

Resources, and the approval of the cabinet : Issued the following resolution: Article (1) Article (2) The code of ethics and professional conduct document for civil service, as

Date added: October 31, 2012 - Views: 9

A practical cross-border insight into securitization work in ...

the UAE Civil Code. However, interest is permitted under Article 88 of the Commercial Code, which allows for the charging of interest in late payment circumstances and under Article 76 of the Commercial Code which states that a creditor may include interest provisions in a

Date added: October 25, 2012 - Views: 3


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Date added: July 10, 2012 - Views: 6

Petrochemicals Projects in the Middle East: Implementation ...

9 Duty of Good Faith •Article 246(1) of UAE Civil Code reflects the French and German codes: “The contract must be performed in accordance with its contents, and in a

Date added: February 9, 2012 - Views: 4

GuLF LaW LiBRaRY - UAE Legislation Online

UAE Civil CoDE AND MiNistry oF JUstiCE CoMMENtAry – 2010 by JAMEs WhElAN pt translation and part summary of the ar uae ministry of Justice’s Commentary on the Code, this book contains expert

Date added: March 28, 2012 - Views: 6

The UAE Federal Labour Law and Civil Code permit the ...

satisfied that the complainant has sustained actual financial loss - to award monetary compensation.€ It is a criminal offence in accordance with the UAE Federal Penal Code where, by reason of an individual's

Date added: August 7, 2013 - Views: 4

Enforcement of Arbitration Awards in the UAE

Civil Procedure Code. Therefore, parties wanting to enforce an award under the New York Convention must satisfy the requirements of the UAE Civil Code. In practice, enforcing arbitration awards can be a lengthy and unpredictable process. It is

Date added: November 26, 2013 - Views: 1

UAE Law for Architects - Dubai, Dubay, UAE - News, business ...

services, are governed by the UAE Civil Code comprising 25 articles. While this may seem inadequate for what is effectively the largest construction site in the world, the fact is that the civil

Date added: September 3, 2013 - Views: 1

THE MIDDLE EAST: Insurance Issues, Law & Liabilities An Overview

UAE (1) Federal Law No.6 of 2007 (2) The Civil Code. 6 Capacity & PI Total insurance penetration below 10 % Compound annual growth rate of c. 25 % 2010- 2013 Gross insurance premium of US$80 billion in next three years Why? Population growth 228m to 330m by 2015 +

Date added: September 3, 2013 - Views: 1

Damages and contracts in the UAE

Damages and contracts in the UAE Written by Habib Al Mulla Friday, 12 March 2010 00:00 - Last Updated Monday, 15 March 2010 13:41 First, the explanatory note of the Civil Code provides that compensation should be for the direct

Date added: June 17, 2013 - Views: 3

Trade Licences Guide - Abu Dhabi Chamber

Article 92 of the UAE Civil Code defined legal entities in such a way that included private associations and enterprises incorporated according to the provisions of the law. Abu Dhabi’s Trade Licence Law No. 9 of 1996 and the amending laws thereof also provided that except those

Date added: December 24, 2012 - Views: 6

Introduction to Islamic Law - BIICL

The Egyptian Civil Code, promulgated in 1948, is often considered as "having succeeded, to a large degree, in achieving reconciliation between West European jurisprudence on the one hand, and Islamic jurisprudence on the other".2 This code has influenced the promulgation of

Date added: September 6, 2011 - Views: 88

Getting the Deal Through - United Arab Emirates

Article 111 of the UAE Civil Code goes on to provide for the purchaser to give notice of the defects to the seller within 15 days of actual delivery, and requires the pur-the defect is latent, in which case the purchaser must file their claim

Date added: August 19, 2014 - Views: 1


Contracts subject to UAE Law In the UAE, all contracts, including reinsurance and insurance contracts, are governed by the Civil Code (Federal

Date added: December 10, 2013 - Views: 2

The K&L Gates Construction Law Masterclass: FIDIC in Qatar

Contrast with the position under the UAE Civil Code Other potentially relevant provisions: Art. 171(2) of the Qatar Civil Code 26. USING FIDIC IN THE GULF Limitations of liability Sub-Clause 17.6 Parties generally have a fair amount of freedom to agree caps

Date added: June 12, 2014 - Views: 1

Doing business in the UAE - Pinsent Masons

The legal system in the UAE is based both on civil code principles and on the Islamic Shari'ah. The sources of law for civil matters in the UAE are: The Constitution; Federal laws and regulations; Emirate laws and regulations;

Date added: December 28, 2012 - Views: 7

Arbitration from a UAE Legal Perspective (June 2005)

-4-Although the UAE Civil Procedures Code remains silent on this issue, however, in line with Egyptian and Kuwaiti jurisprudence, the Dubai Court of Cassation upheld that in the absence of the parties’ mutual

Date added: August 22, 2013 - Views: 2


Civil Code has a specific chapter entitled “Muqawala”, which contains provisions governing the relationships between the participants in a construction project. Projects across the Middle East are procured on a variety of bases, including lump sum turnkey,

Date added: May 17, 2013 - Views: 8

United Arab Emirates - Federal Aviation Administration

laid down in United Arab Emirates Civil Aviation Regulations, Part 3, 4 and 5. Contact the General Civil Aviation authority (see Designated authorities) for purchase of the UAE regulations. Aircraft operating above 10500 FT within the EMIRATES FIR, within RNAV 5 holding

Date added: January 6, 2013 - Views: 53

Green Building Regulations & Specifications

Civil Defence, the requirements of Dubai Civil Defence will prevail. 10 Green Building Regulations & Specifications Green Building Regulations & Specifications 11 101 Chapter 1: General 101.17 Alternative Materials, Designs and Methods of

Date added: December 14, 2011 - Views: 267