المنظومة التشريعية للدعوى غير المباشرة في قانون المعاملات المدنية الإماراتي

الملخص EN

The aim of this study is to shed light on indirect action as a legal means which creditor can resort to in order to protect his rights against his debtor.

Indirect action is a legal system that allows creditor to pursue his civil rights which may be infringed by debtor's negligence or default.

Indirect action is a lawsuit filed by creditor on behalf of his debtor against third parties.

However indirect action has a host of demerits including that debtor will still retain all discretions provided by law over his funds, and that the relevant right in question is not claimed by the creditor only, the debtor also has that right.

That also paves the way for other creditors of the debtor to compete the creditor who filed the legal proceedings over that right.

The study hence analyses and explores all aspects relating to indirect action.

It sets forth provisions relating to the protection of creditors through general guarantee over their debtors' funds.

It also defines indirect action and sets the scope of the right exercised by creditor on behalf of his debtor.

Moreover, study demonstrates the requirements which make creditor eligible for filing the action.

It finally sets forth legislative inadequacies of indirect action.