الإرادة المنفردة في قانون المعاملات المدنية الإماراتي : دراسة مقارنة

الملخص EN

Unilateral action is the ability of a person to create legal effects by means of expressing his/her unilateral will, an issue that is hotly debated by jurists.

Unilateral will is deemed a general source of obligation according to Egyptian and comparative jurisprudence and some other legislations, and deemed an exceptional source of obligation according to the majority of legal jurists.

Legislations dealt differently with the unilateral will; some of them such as UAE Civil Transactions Law Article No.(276) has dealt directly with it, others such as UAE Civil Transactions Law, and Article No.(162) of Egyptian Civil Law have provided for some applications of unilateral will.

Study recommended that the Egyptian Civil Law should adequately address the issue of unilateral will as one of the sources of obligation as there a sole article in Egyptian Civil Law that has addressed the issue.

It also recommended that the Egyptian Civil Law should follow UAE Civil Transactions Law's articles 276 - 280 regulating the issue unilateral will.

It further recommended that the Egyptian Law should consider what has been introduced by the Islamic Sharia Legalization Committee in Article No.

(176), and should provide, upon any amendment, for unilateral will as a general source of obligation.