{"title":"再论阿联酋法中货物买卖违约损害赔偿减轻的特殊规则","authors":"M. Fayyad, A. Hayajneh","doi":"10.1163/15730255-bja10101","DOIUrl":null,"url":null,"abstract":"\n This research focuses on the regulatory framework of a creditor’s duty to mitigate damages in UAE law, and examines the extent to which this organization is consistent with the provisions of the UN Convention on the International Sale of Goods. The absence of an explicit legislative provision imposing this duty in the national law does not preclude the possibility of implementing many general rules governing the theory of contract provided in the UAE federal law on civil transactions. It also concludes that the regulation of commercial sales contracts provided in the UAE federal law on commercial transactions is counterproductive in organizing this duty in contravention of the general rules of contract law and international perspective and in contrast to the provided goals of these special provisions (maintaining mutual trust between the contracting parties and the stability of commercial transactions). It suggests fundamental amendments to the federal law on commercial transactions.","PeriodicalId":43925,"journal":{"name":"Arab Law Quarterly","volume":" ","pages":""},"PeriodicalIF":0.5000,"publicationDate":"2022-01-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"Reconsidering the Special Rules of Mitigation of Damages for Breach of Contract for the Sale of Goods in UAE Law\",\"authors\":\"M. Fayyad, A. Hayajneh\",\"doi\":\"10.1163/15730255-bja10101\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"\\n This research focuses on the regulatory framework of a creditor’s duty to mitigate damages in UAE law, and examines the extent to which this organization is consistent with the provisions of the UN Convention on the International Sale of Goods. The absence of an explicit legislative provision imposing this duty in the national law does not preclude the possibility of implementing many general rules governing the theory of contract provided in the UAE federal law on civil transactions. It also concludes that the regulation of commercial sales contracts provided in the UAE federal law on commercial transactions is counterproductive in organizing this duty in contravention of the general rules of contract law and international perspective and in contrast to the provided goals of these special provisions (maintaining mutual trust between the contracting parties and the stability of commercial transactions). It suggests fundamental amendments to the federal law on commercial transactions.\",\"PeriodicalId\":43925,\"journal\":{\"name\":\"Arab Law Quarterly\",\"volume\":\" \",\"pages\":\"\"},\"PeriodicalIF\":0.5000,\"publicationDate\":\"2022-01-14\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Arab Law Quarterly\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1163/15730255-bja10101\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Arab Law Quarterly","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/15730255-bja10101","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
Reconsidering the Special Rules of Mitigation of Damages for Breach of Contract for the Sale of Goods in UAE Law
This research focuses on the regulatory framework of a creditor’s duty to mitigate damages in UAE law, and examines the extent to which this organization is consistent with the provisions of the UN Convention on the International Sale of Goods. The absence of an explicit legislative provision imposing this duty in the national law does not preclude the possibility of implementing many general rules governing the theory of contract provided in the UAE federal law on civil transactions. It also concludes that the regulation of commercial sales contracts provided in the UAE federal law on commercial transactions is counterproductive in organizing this duty in contravention of the general rules of contract law and international perspective and in contrast to the provided goals of these special provisions (maintaining mutual trust between the contracting parties and the stability of commercial transactions). It suggests fundamental amendments to the federal law on commercial transactions.
期刊介绍:
The leading English-language legal publication in its field, Arab Law Quarterly covers all aspects of Arab laws, both Shari"a and secular. Now in its third decade, it provides an important forum of authoritative articles on the laws and legal developments throughout the twenty countries of the Arab world, notes on recent legislation and case law, guidelines on future changes, and reviews of the latest literature in the field. Particular subject areas covered are Arab laws in trans-national affairs, commercial law, Islamic law (the Shari´a), and international comparative law.