نظام إدارة الدعوى المدني : دراسة مقارنة بين القانون الإماراتي و الفرنسي

الملخص EN

The UAE Civil Procedures Law regulates a Case Management Office with the aim of ensuring proper judicial application of the Law: judiciary’s focus will be on legal investigation rather than on preliminary matters related to the judicial application of law on the proceedings before the court.

The Case Management Office oversees administrative functions, while trial judge carries out judicial tasks pertaining to the adjudication of a lawsuit by means of applying law on the proceedings.

So, It is about drawing a distinction between two functions: administrative and judicial.

Comparative method was used: study compared between UAE Law and French Law.

Descriptive, analytical method was also used for the analysis of the provisions of the Implementing Regulation of Civil Procedures Law No.

(57) of 2018, as amended by UAE Prime Minister’s Resolution No.

(33) of 2020 Concerning Case Management Office System.

Study summed up with a number of findings, including amendments introduced by Prime Minister’s Resolution No.

(33) of 2020 to some provisions of the implementing regulation expanding the role of Case Management Office.

According to the said amendments, the functions of the Office include sending a copy of statement of claim to defendants via any of the electronic means.

However this is conditional on that defendant’s email is mentioned in the statement of claim, and on defendant’s commitment to bring the case before the supervising judge to refer the same to competent court in the event of an objection that might cause the case to be dismissed, or in case of an urgent request.