Gross Fraud in the UAE Civil Code: From Its Roots in Islamic Jurisprudence to Contemporary Proposals for Reform

2019 ◽  
Vol 34 (2) ◽  
pp. 109-140
Author(s):  
Iyad Mohammad Jadalhaq
Keyword(s):  
United Arab Emirates ◽  
General Rule ◽  
Civil Code ◽  
Islamic Jurisprudence ◽  
Legal Texts ◽  
The Right ◽  
The Impact

Abstract The regulations concerning gross fraud instituted by the United Arab Emirates (UAE) legislature in the UAE Civil Code are derived from provisions put forward by the Ḥanafī school of law. A general rule was put forward, and exceptions thereto were set. A certain remedy for gross fraud was instituted, namely, giving the defrauded party the right to terminate the contract. This article determines the comprehensiveness and adequacy of the legal texts dealing with the impact of gross fraud on contracts in the UAE Civil Code, the methods by which balance could be achieved between the interests of the contracting parties, and the means of protecting the defrauded contractor. Furthermore, shortcomings and defects in the existing legal texts that require amendment and reform are highlighted. This study concludes that the legislative treatment of the impact of gross fraud on contracts is insufficient, and advances possible recommendations.

The Impact of Slight Fraud on the Contract: An Analytical Study of Article 189 of the UAE Civil Code

2018 ◽  
Vol 32 (4) ◽  
pp. 531-546
Author(s):  
Iyad Mohammad Jadalhaq
Keyword(s):  
United Arab Emirates ◽  
Terminal Illness ◽  
Analytical Study ◽  
Civil Code ◽  
Islamic Jurisprudence ◽  
Definition Of ◽  
The Impact

Abstract The United Arab Emirates (UAE) legislator has regulated gross fraud in the Civil Code, which derives its provisions from the Hanafi school of Islamic jurisprudence. A penalty was adapted so that when gross fraud has an impact on a contract, the defrauded contracting party can terminate the contract in question. The legislation also regulates slight fraud, but only in two very specific cases. This article aims at determining the accuracy of Article 189 that regulates slight fraud, and then identifies its shortcomings by analysing the cases in which slight fraud affects a contract. It concludes that this text is inaccurate, and suggests the UAE legislator amend Article 189. In addition, we suggest a new definition of terminal illness.

4 Austria

2018 ◽  
Author(s):  
Tiefenthaler Stefan
Keyword(s):  
General Rule ◽  
Civil Code ◽  
Capital Maintenance ◽  
Legal Proceedings ◽  
Cross Border ◽  
General Rules ◽  
The Law ◽  
The Right ◽  
Insolvency Proceedings

This chapter provides an overview of the law of set-off in Austria. The right of set-off in Austria is governed by general rules found in sections 1438–1443 of the Austrian Civil Code. The Austrian Insolvency Code also outlines restrictions on and extensions of the right of set-off and various modifications to the general rules. The chapter first considers set-off between solvent parties, focusing on contractual set-off, capital maintenance and other restrictions, set-off in the context of legal proceedings, and statutory set-off. It then explains set-off against insolvent parties by discussing the extension of the right of set-off in insolvency, restrictions on the right of set-off in insolvency, exceptions to the general rule on set-off, claims arising by reason of the opening of insolvency proceedings, set-off and prohibition of creditor preferences, and avoidance and fraudulent transfers. Finally, it examines issues arising in cross-border set-off.

The Financial and Supervisory Role of the Federal National Council in the United Arab Emirates

2020 ◽  
Vol 34 (1) ◽  
pp. 43-58
Author(s):  
Ahmad Aljobair
Keyword(s):  
United Arab Emirates ◽  
National Council ◽  
Control Laws ◽  
Legislative Authority ◽  
Supreme Council ◽  
Legal Texts ◽  
The World ◽  
The Right ◽  
Council Of Ministers

Abstract This article deals with the role of the UAE Federal National Council (FNC) as a legislative authority. It explains how it differs from other parliaments around the world in terms of composition and the role it plays as a final authoritative legislative power. The FNC has neither the power to legislate nor the right to control laws, although the Constitution allows it to discuss and comment upon draft laws. However, the FNC’s opinion is not binding on the promulgation of the laws. The President may reject the amendments and promulgate the law after it has been sanctioned by the Supreme Council. The Constitution also gives the Council of Ministers the power to promulgate laws in case of necessity and absence of the FNC. These constitutional texts contradict the internal regulations of the FNC which give this Council the right to amend the legal texts of the draft budget.

scholarly journals ON THE STATE REGISTRATION OF A RIGHT: ON THE EXAMPLE OF THE RIGHT OF THE SURVIVING SPOUSE TO A SHARE IN JOINT PROPERTY PURSUANT TO PARAGRAPH 2 CLAUSE 4 ARTICLE 256 OF THE CIVIL CODE OF THE RUSSIAN FEDERATION

2020 ◽  
Vol 3 ◽  
pp. 44-47
Author(s):  
Kamil M. Arslanov ◽  
Keyword(s):  
Russian Federation ◽  
General Rule ◽  
Civil Code ◽  
The State ◽  
Civil Proceedings ◽  
Legal Nature ◽  
The Russian Federation ◽  
State Registration ◽  
The Right ◽  
Joint Property

In the course of the ongoing reform of civil legislation the Civil Code of Russian Federation was amended in 2018, including Art. 256 (paragraph 2, item 4) regarding the legal fate of common joint property of spouses after the death of one of them. In the notarial practice the question arose in this regard as to whether the surviving spouse can be considered the owner of the property in the absence of state registration of the ownership right and, accordingly, in the future to be the heir to such property. This predetermines the question about the meaning of the state registration itself as a legal procedure in civil proceedings. It is concluded that the state registration for the case of paragraph 2, item 4 of Art. 256 of the Civil Code of the Russian Federation is not of a legal nature and has a procedural meaning of formalization of legal relations. Thus, this is one of the exceptions from the general rule on the need for state registration for the recognition of the existence of ownership of real estate.

scholarly journals The Methodology of UAETrans Civil Actions Law Concerning Tort: An Analytical Comparative Study in Islamic Jurisprudence

2019 ◽  
Vol 34 (1) ◽  
pp. 74-106
Author(s):  
صالح أحمد اللهيبي
Keyword(s):  
Comparative Study ◽  
Supreme Court ◽  
United Arab Emirates ◽  
Civil Law ◽  
Civil Code ◽  
Historical Source ◽  
General Orientation ◽  
Islamic Jurisprudence ◽  
The Law ◽  
Federal Supreme

This paper deals with the position of the UAE Civil Transactions Law No. 5 of 1985 on the harmful act and how it dealt with this subject, and we know that the direct historical source of the civil transactions law is the Jordanian Civil Code. Some texts are quoted literally from this law. The Jordanian civil law is clearly influenced by the jurisprudence of Hanafi and the jurisprudential jurisprudence, while the general orientation of the UAE legislator is to adopt the most appropriate solutions in the jurisprudence with the introduction of the Maliki and Hanbali and Hanafi and Shafei, in the absence of legislation to rule the matter, the authors of the law The United Arab Emirates have changed some of the texts passed on to the Jordanian, but they do not abide by the amendment of the subsequent texts which should be amended in accordance with the previous amendment. In this paper, we dealt with the issues that we find most important in relation to the harmful act of harm, direct initiator and the cause of harm. , The harmed gathering between the wergild and compensation, and the position of the Federal Supreme Court and the Court of Dubai discrimination of these topics, and then concluded from this study several results such as a conflict between the provisions of the law of civil transactions UAE, and the base if met direct initiator and the cause of the addition of the act to the direct without the culprit is the basis You need to modify and add a lot of situations that require adding the verb to the sub-direct cause.

Examining the role of leadership inspiration, rewards and its relationship with contribution to knowledge sharing

2018 ◽  
Vol 30 (6) ◽  
pp. 488-512 ◽  
Author(s):  
Taghreed Al Dari ◽  
Fauzia Jabeen ◽  
Avraam Papastathopoulos
Keyword(s):  
Law Enforcement ◽  
Knowledge Sharing ◽  
United Arab Emirates ◽  
Structural Equation ◽  
Public Organizations ◽  
Equation Modeling ◽  
Content Type ◽  
Common Method Bias ◽  
The Right ◽  
The Impact

Purpose The purpose of this paper is to examine the impact of leadership and rewards on the contribution to knowledge sharing in public organizations of the United Arab Emirates (UAE). Design/methodology/approach Data were collected from 154 employees from various organizational units of a law enforcement organization in the UAE, and structural equation modeling was used to test the proposed hypotheses. Findings Leadership inspiration was found to be positively effective in enhancing the contribution of knowledge sharing in terms of solving problems, increasing opportunity and improving the productivity of the workforce. Furthermore, it was found that the reward system had no impact on the contribution to knowledge sharing. Research limitations The method of data collection focused on the employees who were attending a training workshop in the department. This survey raises concerns related to non-response bias and common method bias, which describes the measurement error that is compounded by the sociability of the respondents who wanted to provide positive answers. Practical implications This research focuses on the implementation of certain practices related to knowledge sharing in public organizations. The model was constructed to assess the impact of leadership and rewards on the contribution to knowledge sharing through knowledge sharing practices as a mediation. The study is a modest attempt to assist the organizational leaders to embark on the right steps to foster knowledge sharing behavior among employees. Originality/value The study contributes to the literature on knowledge sharing, particularly on the relationship between leadership inspiration, rewards and contribution to knowledge sharing in the law enforcement organizations in the UAE.

Emotional Reactivity to Visual Content as Revealed by ERP Component Clustering

2015 ◽  
Vol 29 (4) ◽  
pp. 135-146 ◽  
Author(s):  
Miroslaw Wyczesany ◽  
Szczepan J. Grzybowski ◽  
Jan Kaiser
Keyword(s):  
Emotional Reactivity ◽  
Brain Activity ◽  
Affective State ◽  
Occipital Lobe ◽  
Stimulus Onset ◽  
Emotional States ◽  
Neural Basis ◽  
Temporoparietal Junction ◽  
The Right ◽  
The Impact

Abstract. In the study, the neural basis of emotional reactivity was investigated. Reactivity was operationalized as the impact of emotional pictures on the self-reported ongoing affective state. It was used to divide the subjects into high- and low-responders groups. Independent sources of brain activity were identified, localized with the DIPFIT method, and clustered across subjects to analyse the visual evoked potentials to affective pictures. Four of the identified clusters revealed effects of reactivity. The earliest two started about 120 ms from the stimulus onset and were located in the occipital lobe and the right temporoparietal junction. Another two with a latency of 200 ms were found in the orbitofrontal and the right dorsolateral cortices. Additionally, differences in pre-stimulus alpha level over the visual cortex were observed between the groups. The attentional modulation of perceptual processes is proposed as an early source of emotional reactivity, which forms an automatic mechanism of affective control. The role of top-down processes in affective appraisal and, finally, the experience of ongoing emotional states is also discussed.

Intentions and their Effects on the Legality of Dispositions and Contracts

2002 ◽  
Vol 4 (1) ◽  
pp. 130-141
Author(s):  
Abdullah Muhammad al-Shami
Keyword(s):  
Basic Principle ◽  
Islamic Law ◽  
Human Action ◽  
Basic Principles ◽  
Human Actions ◽  
Special Place ◽  
Legal Contract ◽  
Islamic Jurisprudence ◽  
Legal Opinions ◽  
The Right

In Islamic law judgements on any human action are usually evaluated in terms of the intention involved. Accordingly, the rules of substantive issues have to be accommodated under the basic principles of Islamic jurisprudence. The understanding of these principles by the juristic scholar is highly rewarding because it will lead the muftī to the right path in deriving legal opinions from the original sources. The basic principle of Islamic jurisprudence, which stipulates that ‘all actions depend on intentions,’ has played an important role in the construction of Islamic jurisprudence. Moreover, this rule has a special place in the theory of Islamic legal contract. So what is the effect of intention in the validity of human actions and legal contracts? It is known that pure intention has significant effects on spiritual worship and legal contracts of transaction. It also gives guidance for earning rewards from Almighty Allah. This article concentrates on the effect of intention in perpetual worship, the concept of action and intention in Islamic legal works, the kind of contract with all its components, and the jurists' views on the effects of intention in human action and legal contract along with their discussion and counter-arguments.

The Impact of Internal Work Environment on the Retention of Healthcare Providers at Turaif General Hospital

2019 ◽  
Vol 10 (12) ◽  
pp. 1183-1199
Author(s):  
Mohammed Alrouili ◽  
Keyword(s):  
Work Environment ◽  
General Hospital ◽  
Professional Growth ◽  
Healthcare Providers ◽  
Entire Study ◽  
Internal Work ◽  
Research Findings ◽  
Study Population ◽  
The Right ◽  
The Impact

This study attempted to identify the impact of internal work environment on the retention of healthcare providers at Turaif General Hospital in the Kingdom of Saudi Arabia. In particular, the study aimed to identify the dimensions of work circumstances, compensation, and relationship with colleagues, professional growth, and the level of healthcare providers’ retention. In order to achieve the study goals, the researcher used the descriptive analytical approach. The researcher used the questionnaire as the study tool. The study population comprised all the healthcare providers at Turaif General Hospital. Questionnaires were distributed to the entire study sample that consisted of 220 individuals. The number of questionnaires valid for study was 183 questionnaires. The research findings were as follows: the participants’ estimate of the work circumstances dimension was high (3.64), the participants’ estimate of the compensation dimension was moderate (3.32), the participants’ estimate of the relationship with colleagues dimension was high (3.62), the participants’ estimate of the professional growth dimension was weak (2.39), and the participants’ estimate of healthcare providers’ retention level was intermediate (2.75). Accordingly, the researcher’s major recommendations are: the need to create the right atmosphere for personnel in hospitals, the interest of the hospital to provide the appropriate conditions for the staff in terms of the physical and moral aspects for building the work adjustment in the staff, and conducting training courses and educational lectures for personnel in hospitals on how to cope with the work pressures.

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