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The Civil Code.

Type of law
Legislation
Source

Abstract
The United Arab Emirates Civil Code was enacted in 1985. It lays down the legal framework applicable in civil law matters. Islamic Sharia is a foundational source of law in the Code. Many of its principles align with Islamic legal doctrines, for example the prohibition of interest (riba) in financial transactions and the emphasis on equitable treatment reflect Sharia principles and in cases where the Civil Code is silent on a particular issue, the courts may refer to Islamic Sharia for guidance. The Code is organized into an introductory title and Books, each addressing specific aspects of civil law. The introductory title outlines the application of the law, its temporal and spatial scope, and the role of Islamic jurisprudence in interpreting the law. As mentioned above, it also establishes that in the absence of specific legal provisions, judges should refer to Islamic Sharia. Book 1 regulates personal obligations and rights; Book 2 applies to contracts.
OWNERSHIP AND REAL RIGHTS. Article 95 defines property as any object or right that has a negotiable value. Further real rights are envisaged (servitudes, usufruct, among others).
OBLIGATIONS AND CONTRACTS. According to article 124, personal obligations or rights derive from the legal acts of disposal and facts and from the law. The sources of the obligations are contracts, unilateral acts, torts, beneficial acts and the law. Article 125 and subsequent provisions apply to contracts: conclusion, validity and implementation. As regards obligations that arise from torts, specific provisions concern damage and caused by animals (art. 314). Further, Book Two refulates special contracts such as sale, lease, partnership, usufruct, leases of agricultural lands (art. 797), sharecropping or "muzaraa" (art. 809), planting land servicing contracts or "mussacats" (art. 822), partnerships between land and plant owners (art. 835).
Date of text
Notes
An unofficial English translation is available too.
Repealed
No
Source language

English

Legislation Amendment
No