ضوابط فسخ عقد بيع العقار على الخارطة بالإرادة المفردة طيقا لقانون تنظم السجل العقاري المبدئي في إمارة دبي

Abstract EN

The contract for the sale of real estate on the map shall mean the contract whereby real estate units classified on the map or in the process of being constructed or not completed shall be sold.

This contract is a necessary contract and, according to general rules, it is assumed that neither party can terminate it voluntarily without consent or litigation.

However, Article (11) of the law regulating the initial land registry in the Emirate of Dubai granted the real estate developer the right to terminate the sales contract concluded with the buyer without consent or litigation when the buyer breaches his contractual obligations.

The purpose of this research is to achieve two main objectives: first, to define the right of the developer to annul by his own will, by indicating the objective and procedural controls that he must adhere to in order to exercise his right to terminate the contract; In addressing the right of the developer to terminate, and the extent of his success in balancing the conflicting interests of the parties to the contract.

We divided this research into two subjects, the first devoted to substantive controls, and the second to the procedural controls, and then concluded with a conclusion that included the most important findings and recommendations.