The document provides an overview of UAE construction law and the UAE Civil Code. It discusses the differences between common law and civil law legal systems, and explains that Middle Eastern law is influenced by both Islamic law and the French civil code. The presentation notes that the UAE Civil Code addresses formation of contracts, capacity of parties, interpretation of agreements, and remedies for breach among other issues. It argues that while the Civil Code only has 25 articles specifically addressing construction contracts, it more broadly covers 1500+ articles on various contract and civil law issues. The document aims to provide legal professionals with context on the applicable laws in UAE construction projects.
Good evening friends, Thank for introduction. For opportunity to speak on this elite forumUS historian Will Durant once told, “Education is a progressive discovery of our own ignorance”. Introduce background of research RGU, CPD events interaction with lawyers etc.
Construction law is always Civil law (unless you have decided to collect your outstanding payments at a knife point!)
Branch of law that deals with construction related disputes.Contract, tort included
Results of a survey undertaken recentlyParticipants were asked to rank their dispute resolution mechanism in the order of their preferenceAmicable settlement was the first choice and litigation was the last choiceNegotiation was part of amicable settlement. We all trained in negotiation and mediation if you have children esp. teenagers.
Law of a Country can’t be overruled by Standard Conditions of Contract
No forum non convenience!Mandatory provision like pre estimated LD’s
The list may look long but be assured that we will finish on time
These are the various laws we come across often. Except in-laws all other laws are here!
This looks more organized
All roads to Rome!
Two main branches of Civil lawFrench and German
Unwritten Constitution.Common for all
England and America are two countries divided by a common language. This quote is attributed to George Bernard Shaw and Oscar WildeUS gallon and imperial gallon and even on weight measure they have different cwt.!
Civil law Hadley v Boxendale, or Serck controls v Drake and Scull EngineeringCriminal law R(egina) means Queen
Important topic, Get this funda clear once for all!
We operate in an environment where both common law professionals and civil law experts co-exist
This is tricky as we read a lot about them but not applicable under local law
Major areas of contrast
Detailed legislation. Like ‘Unless agreed by the parties’ etcFrench tort law is based on case law
Let the decision stand!Court of Cassation case law is only for understanding of law
Freedom of contract versus fairness of dealingsParol means oralIn UAE intention of parties is very importantTribunals have the authority to rewrite your agreements, Beware
Common law, Barrister runs the showCivil law, Judge takes the control of proceedings
Party names, Which court the judgment was delivered, Significant cases cited, also legislation
No party names, despite being a public proceedingNo case reference, only legislation
Just the last branch of law!
No uniformity, French civil code influenceEgyptian law is the pioneer to current civil codes
Turkey the capital of Ottoman empireAll the yellow parts are part of Ottoman
Majella is based on Islamic lawAl Sanhouri managed to integrate Majella and French Civil Code
Broad classification. China has mixture of laws. Civil law is dominant
Commercial break!!Unintentional leaning tower is PISA
Intentional leaning towers. Wanaka tower is extremely leaning.We do have a leaning tower, Capital gate hotel in Abu Dhabi. Currently holding Guinness book record
The Contractor must have a concern on NCR. How to rectify this defect??May be few pennies saved by not doing soil investigation?Who is at fault? Contractor or Structural designer?
You can argue that if contractors of PISA tower is not sued, why are you bothering a minor out of plumb!!
After travelling around the world let us get back to UAE!
We are Young jurisdictionDIFC follows common law, Often called Common law oasis amidst of Civil law desert!
The most referred civil law in UAE
Practically covers every aspect of ContractYou can’t restrict any party’s right to apply to Court
Million dollar question and conflicting views
Common complaint by Common law professionalsThis article appeared in a local magazine
Convinced the Queen of Spain for his voyageDemanded one tenth of the wealth that he brings from new countries
He sailed westward thinking that he can easily reach India, since the earth is a globe.Not aware of America and not aware of Pacific ocean at allIndia the land of gold, land of pearls and land of black peppersLater Portuguese found route to India. Vasco da gama
6 years after Columbus discovery of America, Vasco da Gama found route to India.
He thought he has travelled upto Japan and China
On third trip landed in South AmericaOnly on fourth main land of USA
Practically covers every aspect of ContractYou can’t restrict any party’s right to apply to Court
Next time someone says to you, Civil code is insufficient, you call him Columbus!
Another Civil law lawyer has responded in his article contesting the observations
I took some time to compare few civil codes on couple of aspects.French is oldest civil law
What does our own UAE law says on intentions of the partiesIt is very much comparable
Another important aspect of contractsInterpretationThe Civil codes of various countries is comparable
This idea is similar to English Common law also
In one of my project where I was the RE, the PD used to argue that under Sharia law I was wrong!
I had a PD who always argue in every progress review meeting that what we, the Engineer is doing is against Sharia law.I owe my LLM to aggressive Contractors and demanding clients and indifferent consultants!Sharia law is A main source and not THE main source
Civil code is clear on the application of Sharia
If there is a UAE law than it is presumed to be Sharia complaintNo challenge is possible
Civil code takes priority
Four legged stool. That is the Sharia in ConstructionDetailed explanation for another time
Now the end of the tunnel is at sight!! What a relief?
Short and sweet!Crisp definitionsJust two articles to cover subcontracts
Lawyer viewColorful to make it interestingQS view
Contractor obligations
This is important
Condition precedent 887Not a piece of cake.To be looked from good faith also
My favourite topicMy dissertation was just on these TWO articles
Both Common law and UAE law is similar in leaving the Subcontractor high and dry.Tell about Irish subcontracting. Subcontractor joining politics to bring out legislation
Almost done! Patience!!
Thank the participantsPlease give your feed back at this link (will take less than 5 minutes)Detailed analysis will be later in Part 2