Title

Gross Fraud in the UAE Civil Code: From Its Roots in Islamic Jurisprudence to Contemporary Proposals for Reform

Source of Publication

Arab Law Quarterly

Abstract

© 2019 Copyright 2019 by Koninklijke Brill NV, Leiden, The Netherlands. The regulations concerning gross fraud instituted by the United Arab Emirates (UAE) legislature in the UAE Civil Code are derived from provisions put forward by the anafī school of law. A general rule was put forward, and exceptions thereto were set. A certain remedy for gross fraud was instituted, namely, giving the defrauded party the right to terminate the contract. This article determines the comprehensiveness and adequacy of the legal texts dealing with the impact of gross fraud on contracts in the UAE Civil Code, the methods by which balance could be achieved between the interests of the contracting parties, and the means of protecting the defrauded contractor. Furthermore, shortcomings and defects in the existing legal texts that require amendment and reform are highlighted. This study concludes that the legislative treatment of the impact of gross fraud on contracts is insufficient, and advances possible recommendations. Keywords

Document Type

Article

First Page

109

Last Page

140

Publication Date

1-1-2020

DOI

10.1163/15730255-12341046

Author First name, Last name, Institution

Iyad Mohammad Jadalhaq, Zayed University

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