
Rationalizing anticipatory breach in Emirati law : a comparative legal study with English law
Other Title(s)
إعمال مبدأ الإخلال المبتسر في القانون الإماراتي : دراسة مقارنة بالقانون الإنجليزي
Author
Source
University of Sharjah Journal of Law Sciences
Issue
Vol. 19, Issue 2 (30 Jun. 2022), pp.681-714, 34 p.
Publisher
Publication Date
2022-06-30
Country of Publication
United Arab Emirates
No. of Pages
34
Main Subjects
Abstract EN
The Dubai Court of Cassation ruled a new trend in 2013 by creating the principle of anticipatory breach in a real estate appeal in Emirati law despite the fact that no similar doctrine is known to exist under this law.
This doctrine is found in common law legal systems; it authorizes the innocent party to terminate the contract and sue for damages if there are serious grounds to believe that the other party will not perform his future obligations, even though the time of this performance is not yet due.
UAE law, and likewise French law, recognizes the principle of an “actual” breach of contract; it must be a “present” to invoke the remedies of the agreement.
This paper is meant to detect which bases the Dubai Court of Cassation relied on in the assessment of its decision in comparison with the nature of this doctrine (English law).
It finally recommends the insertion of this doctrine in the general principles of contract law provided in the law of civil transactions with specific conditions and procedures.
American Psychological Association (APA)
Fayyd, Mahmud Ibrahim. 2022. Rationalizing anticipatory breach in Emirati law : a comparative legal study with English law. University of Sharjah Journal of Law Sciences،Vol. 19, no. 2, pp.681-714.
https://search.emarefa.net/detail/BIM-1404697
Modern Language Association (MLA)
Fayyd, Mahmud Ibrahim. Rationalizing anticipatory breach in Emirati law : a comparative legal study with English law. University of Sharjah Journal of Law Sciences Vol. 19, no. 2 (Jun. 2022), pp.681-714.
https://search.emarefa.net/detail/BIM-1404697
American Medical Association (AMA)
Fayyd, Mahmud Ibrahim. Rationalizing anticipatory breach in Emirati law : a comparative legal study with English law. University of Sharjah Journal of Law Sciences. 2022. Vol. 19, no. 2, pp.681-714.
https://search.emarefa.net/detail/BIM-1404697
Data Type
Journal Articles
Language
English
Notes
Includes bibliographical references.
Record ID
BIM-1404697