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Journal Article
Application of Foreign Law before the Emirati Judge
2023
Overview
This research addresses the commentary on the appeal's ruling of the Dubai Court of Cassation No. (501) Personal Status law of 2021 issued on 12 January, 2022, which is related to the application of foreign law before the Emirate judge. This ruling raised several legal principles and problems that require clarification and attention due to their importance. This is the first ruling on the application of the legislative amendment introduced by the UAE legislator to Article 1 (3) of the Personal Status Law No. (28) of 2005 by Federal Decree Law No. (29) of 2020. According to thereto, the application of foreign law before the Emirate judge is contingent on the adherence of one of the litigants by applying it in accordance with the attribution rule mentioned in Article 13 (1) of the amended Civil Transactions Act in 2020. The research showed that the applicable rule of attribution is Article 15 because the correct qualification of the given case in question is that it is maintenance on relatives, for which the law of the nationality of the person charged with it applies. So, it not as the Court decided that it results from the financial effects of marriage, but rather it is beyond that. The study indicated that although the Court of Cassation affirmed the Trial Courts' commitment to the rule of attribution mentioned in Article 13 (1) and its application to the dispute in question, it concluded that the application of the foreign law (the British law) presented in the case and the national law (the UAE law) thereto was excluded. However, it did not appear to us- based on the facts of the ruling in question- the fact that the Trial Court had actually decided in the personal status case, before it, between two foreigners according to the rule of attribution referred to in the ruling. The study also showed that the modern judicial trend, which confirms the obligatory nature of foreign law, and is referred to in the rule of attribution, should be first followed.
Publisher
جامعة بغداد - كلية القانون
