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

Iyad Mohammad Jadalhaq, Zayed University

Document Type

Article

Source of Publication

Arab Law Quarterly

Publication Date

1-1-2020

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

ISSN

0268-0556

Publisher

Brill Academic Publishers

Volume

34

Issue

2

First Page

109

Last Page

140

Disciplines

Social and Behavioral Sciences

Keywords

fraudulent means, gross fraud, Islamic jurisprudence, misrepresentation, United Arab Emirates (UAE) Civil Code

Scopus ID

85087703576

Indexed in Scopus

yes

Open Access

no

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