Civil Law in Dubai and the United Arab Emirates: The Foundation of Transactions and Rights

The Civil Law in the United Arab Emirates (Federal Law No. 5 of 1985, and its amendments) serves as the backbone of the country’s legal system, including the Emirate of Dubai. It is the general law that governs relationships between individuals and non-commercial entities, drawing heavily from the principles of Islamic Sharia, while integrating elements of contemporary civil laws.

Key Aspects Covered by Civil Law:

1. Sources: The primary source of Civil Law is Islamic Sharia (particularly the Maliki and Hanafi schools of jurisprudence), but it has been codified and adapted to suit the modern environment of the UAE. It also draws from other Arab civil codes (such as the Egyptian Civil Code).

2. Contracts and Obligations:

   • General Provisions of Contracts: The Civil Law defines the conditions for a valid contract (offer and acceptance, subject matter, cause), how contracts are to be interpreted, their effects, and when they can be annulled or terminated.
   • Types of Contracts: It covers a wide range of contracts such as sale, lease, contracting (Muqawala), agency, mortgage, gift, loan, guarantee, and others.
   • Obligations: It regulates obligations arising from contracts, from tortious acts (delictual liability), from unjust enrichment, and from managing others’ affairs.
   • Compensation: It specifies the rules for compensation for damages resulting from a breach of contractual obligations or tortious acts.

3. Personal and Real Rights:

   • Personal Rights: Relate to relationships between individuals, such as the rights of a creditor and a debtor.
   • Real Rights (In Rem Rights): Pertain to ownership over things (the “object”), such as the right of ownership, usufruct, easement, and mortgage. The Civil Law defines how these rights are acquired, protected, and transferred.
   • Real Estate Ownership: Despite the existence of specific real estate laws in Dubai, the Civil Law lays down the fundamental principles for real estate ownership and disposal.

4. Damage and Tortious Liability (Liability for Harmful Acts):

   • The Civil Law determines when a person is liable for damages they cause to others as a result of their fault (whether an affirmative act or omission).
   • This includes liability for personal acts, the liability of a principal for the acts of their agent, the liability of a keeper of an animal, the liability of the guardian of a building for its collapse, and others.

5. Proof (Evidence):

   • The Civil Law specifies the accepted means of proof in civil disputes, such as written documents (contracts and official records), testimony (witnesses), presumptions, oaths, and admissions.

6. General Provisions:

   • The law also includes general provisions related to prescription (the period after which the right to claim is legally forfeited), fulfillment of obligations, set-off, novation, and others.

Its Importance for Dubai:

Despite the presence of specialized laws in Dubai (such as real estate laws, labor laws, and company laws), the Civil Law remains the primary reference and the general foundation upon which many of these specialized laws are based and interpreted. It provides the overarching framework that governs most daily transactions for individuals and non-commercial entities in the Emirate.

Understanding the principles of Civil Law is of paramount importance for anyone living, working, or investing in Dubai and the UAE to ensure legal compliance and protect their rights.