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

Fayyd, Mahmud Ibrahim

Source

University of Sharjah Journal of Law Sciences

Issue

Vol. 19, Issue 2 (30 Jun. 2022), pp.681-714, 34 p.

Publisher

University of Sharjah

Publication Date

2022-06-30

Country of Publication

United Arab Emirates

No. of Pages

34

Main Subjects

Law

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