scholarly journals EVALUATING MAXIMUM COMPENSATION CRITERIA FOR PROPERTY DEVELOPERS ACCORDING TO THE INTERIM REAL PROPERTY REGISTER IN DUBAI

2021 ◽  
Vol 12 (Number 2) ◽  
pp. 23-40
Author(s):  
Ali Hadi Alobaidi
Keyword(s):  
Maximum Amount ◽  
Real Property ◽  
Conflicting Interests ◽  
The Law ◽  
Contractual Obligations ◽  
Property Developers

This paper presents an assessment of the criteria for setting the maximum amount of compensation given to a property developer when a buyer breaches their contractual obligations according to the law of the Interim Real Property Register in the Emirate of Dubai. The register gives the developer the power to deduct a certain percentage of the amount paid to them by the buyer, without the need to resort to justice or arbitration. Such a power is one of certain exceptional powers granted to the developer under this law to encourage property investment in Dubai. This research aims to define the type of compensation that the property developer deserves, as well as present the criteria for the maximum amount of compensation and an evaluation of them. This was achieved by analyzing Article 11 of the mentioned law for accuracy and fairness on this issue, and its success in balancing the conflicting interests of both parties. One key result found was that the legislator had not succeeded in balancing the two parties of the off-plan sale. It is strongly recommended that the legislator abolish the three criteria on the maximum amount of compensation and adopt alternative criteria.

The Law of Real Property. Volume X

1905 ◽  
Vol 53 (11) ◽  
pp. 716
Author(s):  
C. W. W. ◽  
Emerson E. Ballard
Keyword(s):  
Real Property ◽  
The Law

Directions of development of administrative courts’ jurisprudence in real property cases in 2020: Selected Aspects (Part II)

2021 ◽  
Vol III (III) ◽  
pp. 149-174
Author(s):  
Anna Dalkowska ◽  
Karol Rzęsiewicz
Keyword(s):  
Property Management ◽  
Real Property ◽  
Substantial Impact ◽  
Legal Provisions ◽  
The Law ◽  
Administrative Courts ◽  
Special Rules

Adoption of the Act on Special Rules of Eliminating the Legal Effects of Reprivatisation Decisions Relating to Real Properties in Warsaw, Issued in Violation of Law had a substantial impact on the directions of development of administrative courts’ jurisprudence in recent years. New legal provisions and solutions have provided an impetus for administrative courts to set directions for applying the law in the area of reprivatisation of Warsaw real properties. Some of its fundamental issues are those that involve determining the meaning of the premise of possession, laid down in Article 7(1) of the Warsaw Decree, as the positive condition for filing the restitution application and applying for compensation for land expropriated pursuant to Article 215(1) of the Act on Real Property Management.

Part I Legal and Practical Challenges to Traditional Trade Finance, 7 Letters of Credit and Stop Payment Orders Made in the Issuer’s Country

2021 ◽  
Author(s):  
Enonchong Nelson
Keyword(s):  
Common Law ◽  
Critical Examination ◽  
Letter Of Credit ◽  
Rome Convention ◽  
The Us ◽  
The Law ◽  
Letters Of Credit ◽  
Contractual Obligations ◽  
Rome I ◽  
Made In

This chapter offers a critical examination of the significant, but largely unexplored, question whether, and to what extent, a foreign order restraining the issuing bank from making payment under a letter of credit can afford the issuing bank a good defence to a claim in a court outside that bank’s home jurisdiction. At common law, in England as well as in other jurisdictions, such as Hong Kong, Singapore and the US, such orders have only limited effect in the forum. This chapter argues that the approach of the English courts to article 4 of the Rome Convention of 19 June 1980 on the law applicable to contractual obligations meant that such orders could defeat a claim against the issuing bank in England only in very narrow circumstances. It goes on to examine the extent to which the changes introduced in article 4 of the Rome I Regulation of 17 June 2008 on the law applicable to contractual obligations have altered the position under English law, so that stop payment orders made in the issuer’s home jurisdiction may now have a much wider reach in England. The chapter contends that notwithstanding the amendments to article 4, in the specific context of letters of credit, the approach of the English courts under the Rome I Regulation is likely to be broadly similar to that under the Rome Convention. The Rome I Regulation has not (even unintentionally) opened the door to stop payment orders made in the issuer’s home jurisdiction.

Fiduciary Law as Equity’s Child

Equity ◽  
2018 ◽  
pp. 113-151
Author(s):  
Irit Samet
Keyword(s):  
Common Law ◽  
Legal Reasoning ◽  
Active Role ◽  
Fiduciary Duties ◽  
Contractual Obligation ◽  
The Law ◽  
Duty Of Loyalty ◽  
Contractual Obligations ◽  
The Relationship ◽  
The Way

This chapter challenges the argument that one of Equity’s most distinctive doctrines, fiduciary law, must be fused with a common law doctrine—the law of contract. In particular, it highlights the disadvantages of transforming the equitable duty of loyalty into an ordinary contractual obligation. The chapter first considers the ‘contractarian’ interpretation of fiduciary law according to which fiduciary duties are no more than a species of contractual obligations before explaining why, in contrast with the contractarian argument, Equity was right in claiming that the fiduciary relationship was essentially different from contract. After making the case of why fiduciary law should be treated as a sui generis equitable doctrine, the chapter examines two features of equitable fiduciary law that will change dramatically if the fusion suggestion is adopted (the language in which it is set and the way into the relationship) and shows the adverse consequences of moving in that direction. It concludes with the contention that the concept of ‘conscience’ still has an active role to play in the legal reasoning about fiduciaries.

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