مدى جواز استعانة الخبير القضائي بالغير وفقا للتشريع الإماراتي

الملخص EN

This research is focused on the obligation imposed upon the judicial expert by UAE Legislator to fulfill his task by himself without the power of the attorney or without delegating others, as appointment is based on personal consideration.

So, the rule is that the expert is obliged to carry out the task by himself, which includes the works considered as the essence of expertise and without his implementation by himself.

The expertise report will not be acceptable and it leads to incorrect judgment and the invalidity of the authorization of others to implement, such as preparing and signing minutes of the expertise, the report, and the like.

The UAE legislator excluded cases where the third parties are authorized when their use is part of the requirement of the expert’s performance of his task, or when it furnishes the elements that need to be known about the incident, as the knowledge of its circumstances, place, and time.

This prevents the judicial expert from knowing what to do to report.

So, he is allowed to use his subordinates or who are functionally linked to expertise, or also to see documents with others or listen to useful says.

This requires clearance of the controls of the judicial expert’s use of others, such as UAE law, its relationship with the power of attorney, the classes of people that may be used, and the effect of such use in the validity or invalidity of the expertise and judgment.

This is discussed in two parts and a conclusion that includes the main results and suggestions.