التخلي عن الاختصاص القضائي الدولي بشأن الدعاوى العقارية وفقا للقانون الإماراتي

الملخص EN

This research is entitled giving up International Jurisdiction in Real Estate Cases according to UAE Law.

The research aimed to invite the UAE legislator and judiciary to adopt the abandonment theory to respond to the requirements of international trade and sound legal art.

The researcher used the descriptive-analytical method by studying and analyzing legal texts.

Likewise, the researcher relied on the inductive method (inductive) by extrapolating the parts to infer from them the facts that are generalized and to find out about the provisions that the UAE judiciary have established in particular.

The researcher reached several results, the most important of which is that the Emirati legislator did not extend the exception in relation to the lack of jurisdiction of real estate lawsuits related to a property located abroad, to the real estate lawsuit in which the option was left to the plaintiff between the court in which the real estate is located or the defendant’s home.

This is contrary to what is the case with most comparative legislations, which have limited jurisdiction over the Real Estate Site Court.

The most important recommendations of the researcher include inviting the UAE legislator to abolish the text of Article 24 of civil procedures, and adopting the theory of giving up international jurisdiction, so as to balance between the requirements of sovereignty on the one hand and the requirements of international judicial cooperation and globalization on the other hand.