المعالجة التشريعية للغبن في قانون المعاملات المدنية الإماراتي و مدى كفايتها : دراسة تحليلية

الملخص EN

The Emirati legislator has organized, consistent with the provisions of the Hanafi school of Islamic jurisprudence, the deception in the Civil Transactions Law in articles (185) to (192) under the title “Misrepresentation and Deception”.

Moreover, the deception has been classified into two types: gross and slight where the distinction between them is based on an objective standard, measured by the disparity between the obligations of contractors by reference to the experts.

Additionally, the legislator has identified the impact of each type on the contract by setting a general rule with specific exceptions.

Such rule emphasizes that the slight deception affects the contract in two cases, while the gross deception has no effect on the contract unless it involves misrepresentation with limited exceptional cases.

Furthermore, the legislator grants the deceived person the right to cancel the contract if affected by deception and additionally outlines specific cases where the right to cancel shall lapse.

The research objectives of this paper are determining the extent of the coverage and adequacy of the legal texts related to the deception and its impact on the contract in the UAE Civil Transactions Law and identifying the ways to achieve a balance between the interests of both contracting parties and the ways to protect the deceived person, in addition to investigating the
shortcomings, if any, in the legal texts.

The value of this research stems from the need to provide the necessary legislative protection for the deceived person, achieve a balance between the interests of the contracting parties, and to eliminate any confusion in this subject through the explanation and analysis of the relevant legal texts, the Islamic jurisprudence, and the views of expertise in the UAE judiciary.

The research indicated that the legislative treatment of deception in the UAE Civil Transactions Law is insufficient, and hence a legislative intervention is necessary to address the identified shortcomings.

This argument is based on several reasons, the most important of which is the existence of cases where legislative protection is not achieved for the deceived person in spite of the bad intention at the time of contracting, especially when exposed to exploitation from other contracting party.

Therefore, based on this besides the shortcomings and deficiencies of the legal texts that addressed the subject, the research recommends the inclusion of new articles and revising articles (187), (189), (190) and (192) of the Civil Transactions Law and proposes a draft of the wording of the new and revised articles.