The Availability in the UAE of Liens to Secure Payment under Construction Contracts

2010 ◽  
Vol 24 (3) ◽  
pp. 309-317 ◽  
Author(s):  
Amy L. Barrette ◽  
Neal R. Brendel ◽  
Wadih El-Riachi
Keyword(s):  
Construction Industry ◽  
Common Law ◽  
Civil Procedure ◽  
Civil Code ◽  
Federal Law ◽  
Construction Contracts ◽  
Procedure Code ◽  
A Priority ◽  
Under Construction ◽  
Code Provisions

AbstractWhile much attention has been devoted to curbing the rise of lawsuits surrounding Dubai’s struggling construction industry, surprisingly little attention has been focused on another option available to contractors who seek payment for failed or troubled projects. Contractors, architects, and engineers may find relief under a seldom-reported UAE federal law that establishes qualified rights for contractors to secure payment for work under non-governmental contracts by filing a priority lien against the project itself. This article discusses the remedy, known in many common-law jurisdictions as ‘mechanic’s liens’ or ‘builders’ liens’, and why it is important for contractors to be familiar with the applicable Civil Code and Civil Procedure Code provisions. Those who first 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.

JUDICIAL REFORM OF THE LATE 20TH – EARLY 21ST CENTURIES IN RUSSIA

2021 ◽  
Vol 11 (5) ◽  
pp. 191-221
Author(s):  
V.M. ZHUIKOV
Keyword(s):  
Russian Federation ◽  
Major Change ◽  
Civil Procedure ◽  
Judicial System ◽  
Judicial Reform ◽  
Federal Law ◽  
Current Trends ◽  
Procedure Code ◽  
The Russian Federation ◽  
Civil Cases

The author analyzes the reform of the Russian legislation regulating the activity of courts for consideration of civil cases, the reform, which began in the 1990s and continues to this day. Highlights the main stages of the reform related to the adoption of the Constitution of the Russian Federation 1993, changes in the judicial system, with the adoption of the Commercial Procedure Code of the Russian Federation in 1992, 1995, 2002, with a major change of Civil Procedure Code of the RSFSR 1964 and the entry into force of the current Civil Procedure Code of the Russian Federation, 2002. In addition, the author calls the current trends in the development of procedural legislation, including reforms made by Federal Law of 28 November 2018 No. 451-FZ.

Constitutional Principles of Contractual Representation in Ukraine: Problems of Theory and Practice

2019 ◽  
Vol 10 (3) ◽  
pp. 948
Author(s):  
Vadym TSIURA ◽  
Susanna SULEIMANOVA ◽  
Oleksandr SOTULA ◽  
Vita PANASIUK ◽  
Volodymyra DOBROVOLSKA
Keyword(s):  
Civil Procedure ◽  
Civil Code ◽  
Theory And Practice ◽  
Legal Doctrine ◽  
Legal Method ◽  
Current State ◽  
Legal Relationship ◽  
Procedure Code ◽  
The Will ◽  
Theory Of Law

The research is devoted to the issue of the nature and essence of the contractual representation as a legal relationship and a constitutional principle.The current understanding of the institution of representation in the context of the provisions of the Code of Civil Procedure of Ukraine and the Civil Code of Ukraine is ambiguous and this problem needs to be solved. In order to determine the true meaning of the legal institute of representation, the authors of the article made an attempt to study it through the lens of the norms of the current constitution of Ukraine.The methods of scientific research, used by the authors are the analysis, the synthesis, the deduction and induction,the comparison-legal method. All these methods in their convergence made it possible to find out the current state of the existing legislation and legal doctrine in the context of contractual representation and to offer the authors’ own vision of directions of improvement of the studied legal institute.In the result of the study the authors made a conclusion that a contractual representation is a kind of representation, arising out of a contract or other act that underlies the will of the person represented (the principal) and the person representing (the attorney) and the agreement between them. It is important for both the practice of law and the theory of law that the understanding of the essence of the said institute and the approaches to regulating relations of representation in the Civil Code and in the Civil Procedure Code be the same.  

Opting out of the common law: recent developments in the legal system of the Sudan

1973 ◽  
Vol 17 (2) ◽  
pp. 133-148
Author(s):  
Zaki Mustafa
Keyword(s):  
Legal System ◽  
Democratic Republic ◽  
Common Law ◽  
Civil Procedure ◽  
Evidence Code ◽  
Opting Out ◽  
Procedure Code ◽  
Recent Developments ◽  
The Common ◽  
To Receive

On October 1st, 1972, the Minister of Justice of the Democratic Republic of the Sudan constituted a committee consisting of 25 leading members of the Sudanese Legal Profession for the purpose of “re-examining fully the Sudan Civil Code, 1971, the Civil Procedure Code, 1972, the Civil Evidence Code, 1972, and the draft Penal and Commercial Codes”. The Committee was requested to recommend to the Minister whether all or any of the aforementioned codes should be abrogated, temporarily suspended (if already in force), kept as it is, or amended. The Committee was asked to submit its findings and recommendations as soon as possible and was authorised “to receive evidence from experts as well as from those directly connected with the application of the law”.

scholarly journals A Proposed Pandemic Clause for Force Majeure Events under Construction Contracts in Malaysia

2021 ◽  
Vol 6 (16) ◽  
pp. 33-37
Author(s):  
Shahrizal Mohd Zin ◽  
Nur Ezan Rahmat ◽  
Abdul Mu’iz Abdul Razak ◽  
Nik Hasbi Fathi ◽  
I Nyoman Putu Budiartha
Keyword(s):  
Construction Industry ◽  
Publishing House ◽  
Construction Contracts ◽  
Global Pandemic ◽  
Force Majeure ◽  
Qualitative Research Methodology ◽  
International Publishing ◽  
Triggering Events ◽  
Under Construction ◽  
Open Access Article

The construction industry is not spared from the adverse effect of the Covid-19 pandemic. This paper aims to identify the triggering events of Force Majeure under the standard forms of construction contract in Malaysia and determine the extent to which the relevant provisions in these contracts apply to the Force Majeure events during the pandemic. This research employs a qualitative research methodology, and the outcomes will help clarify the grey area of Force Majeure law caused by a global pandemic. It proposes guidelines to the construction industry when dealing with a similar disruption caused by an outbreak of the disease. Keywords: pandemic clause, Force Majeure, construction contracts eISSN: 2398-4287© 2021. The Authors. Published for AMER ABRA cE-Bs by e-International Publishing House, Ltd., UK. This is an open access article under the CC BYNC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians/Africans/Arabians) and cE-Bs (Centre for Environment-Behaviour Studies), Faculty of Architecture, Planning & Surveying, Universiti Teknologi MARA, Malaysia. DOI: https://doi.org/10.21834/ebpj.v6i16.2733

ON THE NATURE OF RELATIONSHIPS FOR RECONCILIATION AND THE DESIRABILITY OF THEIR REGULATION IN CIVIL PROCEDURAL CODES

2021 ◽  
Vol 11 (3) ◽  
pp. 109-131
Author(s):  
S.S. KAZIKHANOVA
Keyword(s):  
Russian Federation ◽  
Civil Procedure ◽  
Federal Law ◽  
Procedural Law ◽  
Procedure Code ◽  
Arbitration Procedure ◽  
The Subject ◽  
The Russian Federation ◽  
Administrative Code ◽  
The Relationship

The article analyzes the changes made to the Civil Procedure Code of the Russian Federation, the Arbitration Procedure Code of the Russian Federation and the Administrative Code of the Russian Federation by the Federal Law of 26 July 2019 No. 197-FZ, related to the regulation of conciliation procedures. The question is raised as to whether the civil procedural codes should regulate relations on reconciliation and to what extent. Agreement is expressed with those authors who believe that, by their nature, the relations that develop in conciliation procedures between its participants (including in cases where the conciliation procedure is directed by a judge) are not procedural and are not part of the subject of civil procedural law. The non-procedural nature of the relationship between the judicial conciliator and the court in the procedure of judicial conciliation under the Civil Procedure Code of the Russian Federation, the Arbitration Procedure Code of the Russian Federation and the Administrative code of the Russian Federation is substantiated. It is concluded that due to the qualitatively different nature of reconciliation relations from civil procedural relations, as well as their lack of connection with the resolution of a civil case in a certain system of guarantees (civil procedural form), there is no place for articles on individual conciliation procedures among procedural norms. In this regard, it is proposed to either exclude them, or, as an option, transfer them to the appendix to the Civil Procedure Code of the Russian Federation, the Arbitration Procedure Code of the Russian Federation, the Administrative code of the Russian Federation (just as in the Civil Procedure Code of 1964 there was an appendix, in particular, about the arbitration court).

scholarly journals UZNANIE ZA ZMARŁEGO I STWIERDZENIE ZGONU (GENEZA, ROZWÓJ INSTYTUCJI I POSTĘPOWANIA)

2017 ◽  
Vol 7 (2) ◽  
pp. 147
Author(s):  
Anna Bartoszewicz
Keyword(s):  
Civil Procedure ◽  
Civil Code ◽  
Second World War ◽  
Roman Law ◽  
World War ◽  
Procedure Code ◽  
History Of ◽  
The Law ◽  
Polish Law ◽  
Second World

The Origins and Development of the Law on the Presumption of Death and Declarations of DeathSummaryThe article presents the history of the presumption of death and declaration of death. It provides an insight into the relevant concepts of the Roman law as well as chosen examples of the laws of the ancient Middle East. It also focuses on the Polish and foreign laws which were in force on the historically Polish territory during the period of the country’s loss of independence (1795-1918). It identifies the origins of the presumption of death and declaration of death in the Polish law and examines their development (including the relevant civil procedurę provisions) until 1964, when the present civil code and civil procedurę code came into force.By presenting and comparing the laws governing the presumption of death and declarations of death, the author highlights the different approaches of the laws that applied at the time of the loss of independence: those of Prussia, Russia, Austria and the Polish Kingdom, as well as the law in effect in the Grand Duchy of Warsaw. The article also considers the extent to which the laws introduced after Poland regained independence in 1918 were influenced by the foreign regimes previously in force.The gradual developments in the law following the Second World War are presented against the background of the major changes in Polish civil law over the same period, which occurred mainly via the codifications of the law in the civil code and the civil procedure code.

Institute of attorneys in civil procedure legislation: facilitating optimization of litigation or unreasonable duplication of functions?

2020 ◽  
Vol 2020 (1) ◽  
pp. 86-90
Author(s):  
Ol'ga Yakovleva ◽  
Sergey Zhelonkin
Keyword(s):  
Short Story ◽  
Russian Federation ◽  
Legal Status ◽  
Civil Procedure ◽  
Federal Law ◽  
Advantages And Disadvantages ◽  
Procedure Code ◽  
Civil Proceedings ◽  
Arbitration Procedure ◽  
The Russian Federation

Introduction. In the presented work, the authors investigated the main aspects of the reform of the procedural legislation initiated by the Supreme Court of the Russian Federation regarding the introduction of a new participant in the trial - the attorney. Purpose. The aim of the work is to identify the features of the legal status of such a participant in civil proceedings as an attorney within the framework of the institution of representation. Methodology. The work was performed on the basis of special methods of cognition, including historical and legal, logical, formally legal. Results. Based on the analysis of the results of the consideration of the draft Federal Law No. 383208-7 «On Amendments to the Civil Procedure Code of the Russian Federation, the Arbitration Procedure Code of the Russian Federation, the Code of Administrative Procedure of the Russian Federation and certain legislative acts of the Russian Federation», the appropriateness of the initiative to introduce a new member into civil proceedings is assessed - attorney. The relationship of this short story with the proposed increase in the requirements for the representative’s professionalism was analyzed, and its main advantages and disadvantages were highlighted. It is concluded that the benefit of introducing such a participant in the civil process as an attorney is more theoretical than practical, since this is due to the fact that the actions that the considered procedural figure (attorney) is authorized to perform can be performed by an ordinary representative without extra costs. At its core, an attorney is a kind of assistant to the representative, not able to independently participate in the trial and is dependent on both the principal and the representative. Conclusion. The material contained in the work is of interest for further scientific research on the problematic issues of the institution of representation in civil proceedings. Some conclusions can be used during lectures and seminars on the subject of civil procedure law.

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