霍根路伟律师事务所 - 阿拉伯当地合同法的有趣之处 - 穆罕默德 艾伽提律师.pptVIP

Local Law Quirks of Arab Contract Law Mohamed ElGhatit Introduction Egyptian Civil Code is the source of the majority of laws in the Middle East, and given the influence of Shariaa on all the Arab states, many laws are similar. It is imperative that companies doing business in the region become acquainted with the unique features of Middle East laws and rules. What is Shariaa Sources of Shariaa Quran Sunna Ijma Qiyas Principles of Shariaa relevant to contracts Sanctity of contract This is a fundamental principle of shariaa in relation to contracts. Parties should abide by their agreement and honour their commitments. Acting in Good Faith Though unknown in many legal systems, acting in good faith is proscribed in Shariaa law. The prohibition of Riba Known to many as interest, however riba truly engulfs only unjustified enrichment or the increase of wealth without effort. The prohibition of Gharar Uzhr and Quwat al Qahira It corresponds to the principle of Force Majeure. 3. The development of Contract Law under Shariaa Kinds of contract Bay Hiba Ijara Ariya Elements of contract Formation of a contract The consent and intention to contract The capacity of the Parties to contract Object of the contract 4. Freedom of contracting under Shariaa law Licit activities IIlicit activities 5. Shariaa and the Arab Civil Code of the Middle East Shariaa law mirrored in laws in the Middle East. Formation of a contract UAE law Egypt law Construction law in the Middle East and its Quirks Decennial liability strict liability by which contractor is responsible for rectifying any total or partial collapse of the building for ten years following completion. UAE law [Civil Code] Article 880-883 Qatar law [Civil Code] Article 711-715 Iraqi law [Civil Code] 870-872 Kuwaiti law Article 692-697 Liquidated damages Enforceability of LDs under Civil law. Judges discretion to reduce damages to reflect actual loss suffered. Egyptian law UAE law Qatari law Iraqi law Kuwaiti law Con