طبيعة و معيار تقدير التعويض الذي يستحقة المطور العقاري طبقا لقانون تنظيم السجل العقاري المبدئي في إمارة دبي

الملخص EN

This research's subject is the authority of the real estate developer in deducting a certain percentage of the sum paid to him by the buyer without the need to resort to a court or arbitration as compensation for him when the buyer breaches his contractual obligations.

This authority is one of the exceptional powers granted to the developer by the law regulating the initial real estate registry in the Emirate of Dubai, to encourage real estate investment in the emirate of Dubai.

This research aims to achieve two prime objectives.

The first objective is to decide the amount of compensation that the real estate developer deserves.

The research's second objective is to assess the text of Article (11) in terms of its accuracy, fairness in dealing with the developer's right to obtain compensation, and its success in achieving a balance between the conflicting interests of both parties to the contract.

We divided this research into three sections, in which we addressed, respectively: the type of compensation that the real estate developer deserves, the upper limit of the amount of this compensation, the basis of deciding the compensation amount, and we ended up with a conclusion in which we mentioned a set of findings and recommendations.

The most important outcome was that Article (11) adopted three criteria to determine the upper limit of compensation that a real estate developer is authorized to obtain when the buyer breaches his contractual obligation and these criteria are unfair.

Thus, we recommended to abolish these criteria and to adopt instead of them the standards that we proposed.