UAE Civil Transaction Code, Part 3 PDF

Sources of Law Art. 1 UAE Civil Transaction Code Legislative provisions shall be applicable to all matters…. There is no room for personal interpretation in the presence of an absolutely unambiguous text. In the absence of a text in this Law, the judge shall adjudicate acc...

Sources of Law Art. 1 UAE Civil Transaction Code Legislative provisions shall be applicable to all matters…. There is no room for personal interpretation in the presence of an absolutely unambiguous text. In the absence of a text in this Law, the judge shall adjudicate according to the Islamic Shari’a, taking into consideration the choice of the most appropriate solutions in the schools of Imam Malek and Imam Ahmad Ben Hanbal and, if not found there, then in the schools of Imam El Shafe’i and Imam Abou Hanifa, as the interest so requires. Where no such solution is found, the judge shall decide according to custom, provided it is not incompatible with public policy and morals. In case the custom is restricted to a specific Emirate, it shall be effective therein.  Definition and Hierarchy of Legislations on is: Written rules of law issued by the authorized authority in the state. Constituion Primary Legislation Secondry Legislation  Primary legislation Federal legislation in the United Arab Emirates (UAE) serve as the fundamental means by which the principles and provisions of the UAE's Federal Constitution are put into practice. These laws play a key role in governing matters of significant national importance, overseeing the intricate relationships between the federal government and its various institutions, regulating the interactions between the state and individuals, and establishing the framework for interactions among individuals. The process of enacting federal laws in the UAE is a well-structured and transparent system that involves multiple stages, ensuring that legislation is thoroughly examined and endorsed by key governmental bodies and representatives of the emirates before becoming part of the country's legal framework.  Enacting Primary Legislation Law Draft (The Council of Ministers) Introducing Feedback (The National Council) Legislation Promulgation (the Supreme Council of the Union ) Legislation signiture (the Presedant of the Union) Legislation Publication (Official Gazette) 1- Primary legislation begins with the Council of Ministers. 2- Once a draft law is put forth, it undergoes a thorough examination by the Federal National Council, which is responsible for discussing the proposed legislation, offering its opinion, and introducing its comments and recommendations for this draft. 3- After receiving the feedback and recommendations from the Federal National Council, the draft law proceeds to the head of the federation to be discussed by the Supreme Council of the Union. 4- Once the Supreme Council of the Union has given its promulgation (‫)التصديق‬, the president of the Federation signs it to direct the executive authorities to implement the provisions of this law as soon as it enters into force. 5- As soon as the president of the Federation signs the legislation, it shall be published in the official gazette of the Federation within two weeks of its promulgation and signature by His Highness the Head of State. 6- Federal laws come into force one month after being published in the Official Gazette unless otherwise indicated in the law.  Decree by Law Article 115 of the UAE Constitution provides that the Supreme Council may authorize the President of the Union and the Council of Ministers, acting together, to issue decrees when the Supreme Council is not in session. This authority does not extend to making international agreements or treaties, implementing or revoking martial law, declaring a state of defensive war, or appointing the President or Judges of the Supreme Union Court.  Legislation of Necessity In situations where the immediate enactment of Union laws is imperative between Supreme Council meetings, the President of the Union and the Council of Ministers shall act together on necessary laws through decrees. These decree laws must be presented to the Supreme Council of the Union for approval within one week. If the Supreme Council approves them, their status as law is confirmed, and the Union National Council is duly informed at its next meeting.  Secondary Legislations (Bylaws) Types of Secondary Legislation Executive Legislation Regulatory Legislation Police Legislation  Publishing Legislation Article 111 UAE Constitution Laws shall be published in the Official Gazette of the Union within a maximum of two weeks from the date of their signature and promulgation by the President of the Union after the Supreme Council has ratified them. Such laws shall become effective one month after publication in the said Gazette unless the law stipulates another date. Article 4 UAE Commercial Transactions Code The present Decree-Law shall be published in the Official Gazette and shall come into force as of 02 January 2023. Article 72 UAE Labor Law No. 33 of 2021 This law shall be published in the Official Gazette and shall come into force as of 02 February 2022. Article 365 UAE law No. 32 of 2021 on Commercial Companies This Decree-Law shall be published in the Official Gazette and shall come into force as of 2 January 2022.  Principles of Islamic Sharia For a judge to apply the provisions of Islamic Sharia, two prerequisites must be met: i. Absence of Legislative Text: The first condition necessitates the absence of a legislative provision that directly addresses the dispute under the judge's consideration. ii. Doctrinal Order: The second condition obliges the judge to select the most suitable solutions from the doctrines of Imam Malik and Imam Ahmed bin Hanbal in the event of a disparity between these two without an explicit preference. Should the judge not find a resolution within these doctrines, they must then turn to the doctrines of Imam Shafi'i and Imam Abu Hanifa to select one of the most suitable solutions, per the best interests of the matter at hand, without explicit hierarchical precedence between them. When adopting the provisions of Islamic jurisprudence, the judge is under obligation to ensure alignment between these provisions and the fundamental principles that form the foundation of the entire civil legislative framework.  Customary Law Custom is what people used to conduct for a long time in addition to their belief of this obligatory notion of this conduct. Customary law is established under the following conditions: i. When a specific legal practice is consistently followed (Objective element). ii. When the involved parties view it as a matter of legal opinion or necessity (Subjective element). Customs are categorized into two distinct types: i. Common Custom: A common custom is a law that applies to an entire state's territory. Common law in England is an example of this. ii. Local Custom: Local customs employ legal authority in a specific geographical area. The legal standing of a local custom is superior to that of a general custom.  Objective base Ancient Continuity Consistency Generality Objective Element