الحلول العملية لتوقيع الأطراف عن بعد على عقود التصرفات العقارية بإمارة أبو ظبي في ظل جائحة (الكوفيد-19)‎

Abstract EN

The Corona pandemic (Covid-19) has imposed on governments of the countries to take many precautionary measures to control health conditions and prevent the spread of the pandemic, and perhaps the most important of these measures is to impose a commitment to social distancing.

These measures had a negative impact on societies, especially government transactions, as a closure was imposed that reached at the beginning of the pandemic to the point of total Lockdown.

In order to ensure the continuity of their business flow, governments have resorted to adopting (remote dealing) policies in their official procedures and conducting their daily services to ensure continuity of its services to the community, and to develop its electronic systems to provide its services in line with the new situation.

This was represented in the fact that the federal legislator explicitly excluded real estate transactions from the application of the provisions of electronic transactions and commerce, so that no real estate transactions could be carried out or the signatures of those with “electronically created signatures” could be certified.

In addition, the local legislator in the Emirate of Abu Dhabi stipulated that the parties to the actions must be present before the Real Estate Registration Department for the notary to certify their signatures in the required actions registered.

This paper aims to shed light and reveal the methodology and method of dealing with the legislator in the Emirate of Abu Dhabi and his thinking in proposing practical solutions that ensure the flow of business and avoid the impact of the real estate market and the transactions associated with it without there being excesses or violations that challenge the invalidity of procedures due to their violation of the applicable laws.

The study came to the conclusion that the legislator in the Emirate of Abu Dhabi devised a practical legal solution by permitting transactions to take place at a distance and by the parties not appearing physically in front of the notary and without being transferred to them, and without putting this solution in to challenging the illegality and constitutionality and violation of the rules of the E Commerce Transactions Law or the Regulation Law Real estate registration in the Emirate of Abu Dhabi.

And that is by issuing legislation that allows the notary or the registrar to certify the signatures of the concerned parties in the actions and contracts required to be registered by using direct visual communication technology with the parties to the contract, and by procedures that verify the compliance of all requirements and ensure the verification of the qualities, eligibility and will of the parties transaction.