القرض المصرفي بين "العينية و الرضائية" : دراسة قانونية مقارنة

Abstract EN

٨؛ light ©f the Emirati Civil Transactions Law (Article 711), the Federal Emirati Commercial Transactions Law distinguished itself by reiterating the consensual nature of the banking loan contract (Article 409).

Thus, the Emirati legislator chose an adverse position from the traditional path inherited from the Roman law that adopted the real or in-kind nature of loan c©ntract (such as the French civil law and Iraqi civil law).

However, the Emirati law inns in line with the modem legislative jurisprudence (like the $W'iss civil law and £g>'ptian civil law') and it finds support in the modern application of the French courts which settled the issue and considered loan contract as consensual.

This is despite the provisions included in the civil law and objections of legal scholars which defend the real or in- kind nature of the loan contract.

These objections will be discussed in the first section ofthis article for the purpose of evaluating the rationale against the ^nsensual nature ofthe loan contract in the second section.

The goal is to articulate legal developments ofthis commonly-used banking transaction.