الحماية الاتفاقية للمحل التجاري

الملخص EN

The elements of the place of business, physical and moral, are very important for the merchant, because they contain the trade secrets of great value, so he is trying to keep his business in order not to lose the advantage of the exclusive on it.

For his side, the Emirati legislator has provided a legal protection for these elements from the assault, and has authorized the merchant to put restrictions and conditions in the agreements in order to maintain the said elements. In this research we examined the most important agreements that seek the merchant to bind the other Contracting Party in order to safeguard the elements of business, including the conventional protection through agreements and the conventional protection through noncompete clause, and conventional protection through condition of licensing and leasing of subcontractors.

At the end we found that the Emirati legislator has organized some of these conditions, but it needs to be modified in some circumstances, such as to confer greater protection to those elements.