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Termination of Agreement under the UAE Law and Judicial Precedent


Samavati, Heshmatollah (2019). Termination of Agreement under the UAE Law and Judicial Precedent. Electronic Journal of Islamic and Middle Eastern Law (EJIMEL), 7:1-14.

Abstract

The article examines provisions related to the termination of contracts in the UAE Civil Transactions Law and illustrates how the UAE Courts interpret the rules laid down by this law. These provisions do not repeal any special law related to the same subject; they only relate to the subject of the contract in general. In order to express the meaning of termination, the UAE contract law uses the Arabic word faskh. Based on the manner of termination, the UAE law provides four types of termination:
1. Termination by mutual agreement after the conclusion of the contract;
2. Termination by judicial decision;
3. Termination by prior agreement;
4. Termination by law;
Among these types, termination by judicial decision is regarded as a general rule applicable to all disputes occurring between individuals. However, in accordance with article 274 of the UAE Transactions Law, the effects of all types of terminations are the same on the contracting parties and the third party, except when a contract is terminated by mutual agreement after its conclusion (iqala). The effects of iqala on the third party vary from other types of termination.

Abstract

The article examines provisions related to the termination of contracts in the UAE Civil Transactions Law and illustrates how the UAE Courts interpret the rules laid down by this law. These provisions do not repeal any special law related to the same subject; they only relate to the subject of the contract in general. In order to express the meaning of termination, the UAE contract law uses the Arabic word faskh. Based on the manner of termination, the UAE law provides four types of termination:
1. Termination by mutual agreement after the conclusion of the contract;
2. Termination by judicial decision;
3. Termination by prior agreement;
4. Termination by law;
Among these types, termination by judicial decision is regarded as a general rule applicable to all disputes occurring between individuals. However, in accordance with article 274 of the UAE Transactions Law, the effects of all types of terminations are the same on the contracting parties and the third party, except when a contract is terminated by mutual agreement after its conclusion (iqala). The effects of iqala on the third party vary from other types of termination.

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Additional indexing

Item Type:Journal Article, refereed, original work
Communities & Collections:Journals > Electronic Journal of Islamic and Middle Eastern Law (EJIMEL) > Archive > 7/2019 > Articles
Dewey Decimal Classification:340 Law
Language:English
Date:2019
Deposited On:23 May 2019 16:06
Last Modified:07 Apr 2020 07:21
Publisher:Center for Islamic and Middle Eastern Legal Studies (CIMELS), University of Zurich
ISSN:1664-5707
OA Status:Gold
Free access at:Publisher DOI. An embargo period may apply.

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