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DUTIES, POWERS AND LIABILITY OF THE BOARD OF DIRECTORS IN THE UAE

Last updated on April 30th, 2020 at 04:12 pmDuties of the Board of Directors: Implementing a policy that ensures stakeholder welfare; Ensuring the company has sound administrative, financial and accounting systems; Establishing procedures to manage conflicts between board members, senior management, shareholders and so on; Ensuring the application of governance rules in the company. Powers of the Board of Directors: The Board of Directors shall have all the required powers to do such acts as required for the object of the company, other than as reserved by the UAE Federal Law No. 2 of 2015 on Commercial Companies or the Articles of Association of the company … Continue reading DUTIES, POWERS AND LIABILITY OF THE BOARD OF DIRECTORS IN THE UAE

ELECTRONIC SIGNATURE WHILE WORKING FROM HOME (UNDERSTAND LAW ABOUT ELECTRONIC COMMERCE AND TRANSACTIONS)

Last updated on April 13th, 2020 at 10:13 amThe precautions being put in place globally to address the spread of Coronavirus (Covid 19) include recommending or requiring many to work from home. Question whether it is possible to legally execute documents by electronic signature. The answer is it depends. Relevant factors include the governing law of the document, the type of document that is to be signed, the form of electronic signature used and whether there are cross-border implications to be considered. Electronic Signature is defined as any letters, numbers, symbols, voice or processing system in Electronic form applied to, … Continue reading ELECTRONIC SIGNATURE WHILE WORKING FROM HOME (UNDERSTAND LAW ABOUT ELECTRONIC COMMERCE AND TRANSACTIONS)

IS CORONAVIRUS OUTBREAK CONSIDERED AS FORCE MAJEURE EVENT UNDER UAE LAW?

Last updated on April 15th, 2020 at 03:50 pmArticle 273 of the Civil Transactions Law Number 5 of 1985 in the United Arab Emirates specifies the following: in bilateral contracts, if a force majeure arises then it makes the performance of the obligation impossible. The corresponding obligation shall be extinguished and the contract ipso facto rescinded. If the impossibility is partial, the consideration for this part shall be extinguished. This shall also apply on the provisional impossibility in continuous contracts. In both instances the creditor may rescind the contract provided the debtor has knowledge thereof. Whilst the law does not … Continue reading IS CORONAVIRUS OUTBREAK CONSIDERED AS FORCE MAJEURE EVENT UNDER UAE LAW?

List of fines for violating Covid-19 precautionary measures in the UAE

Last updated on March 30th, 2020 at 11:39 pm In accordance with resolution No. (38) for the year 2020 following the cabinet decision No. 17 of 2020 regarding violating regulations for spreading communicable diseases. The resolution sets penalties ranging from Dh 500 to Dh 50,000 for violating precautionary measures to curb the spread of coronavirus. According to the resolution, the penalties would double if a person repeats the violation. And if caught committing the violation for the third time, the offender would be referred to the federal public prosecution. List of violations and penalties Dh 50,000 fine for not complying … Continue reading List of fines for violating Covid-19 precautionary measures in the UAE

Concept and Significant Conditions of Extradition

Due to the international crimes and high speed of transport that allows criminals to leave the countries where the crime was committed to other countries in order to avoid litigation and punishment, it was necessary to resort to international judicial cooperation to combat crime and protect the society from crimes, punish and track criminals wherever they go so as not to escape Hence, the idea of ​​finding judicial legislation that provides for the extradition of the criminals arises. This means that the state relinquishes any person on its territory to another country where s/he is being prosecuted or sentenced, at … Continue reading Concept and Significant Conditions of Extradition

Medical Liability Pursuant to the Provisions of the Federal Decree Law No. (4) of 2016

Last updated on May 10th, 2019 at 01:42 pmConcept of Medical Error It is lawfully established that every person is liable for his/her acts. The physician’s liability towards his/her patient is a personal liability and constitutes a form of civil liability that requires existence of error and damage and the causality. The burden lies on the claimant to prove occurrence of damage and to provide evidence affirming that the three elements materialize. Determination of Medical Error The error in general … is the person’s deviation from the natural behavior required by law, while such person realizes the consequences of this … Continue reading Medical Liability Pursuant to the Provisions of the Federal Decree Law No. (4) of 2016

Physician’s Forbidden Acts under the Federal Decree Law No. (4) of 2016

Law prevents the physician from doing (10) forbidden acts some of which were not originally set forth in the old law, e.g. Rooming patients in places not prepared for this purpose, conducting sex change or performing unnecessary medical or surgical operations without the consent of the patient, while other forbidden acts were mentioned in the old law and some modifications and additions were made thereto. For facilitation, we will put two lines under each new forbidden act stipulated in the Decree-Law No. (4) of 2016, and one line under each amendment and addition, so that the reader can easily distinguish … Continue reading Physician’s Forbidden Acts under the Federal Decree Law No. (4) of 2016

Duties of Physician under the Federal Decree Law No. (4) of 2016

Last updated on September 16th, 2019 at 03:48 pm1. Comply with the rules, regulations, and procedures of practicing the Profession, as per his grade and specialization. 2. Record the patient’s health condition and the medical and family history, prior to diagnosing or treating the case. 3. Prescribe treatment and determine the quantity and usage in legible writing including the name, signature, and date on the prescription; and advise the patient or his family, as the case may be, of the importance of adhering to the method determined for medication. 4. Inform the patient of the nature and degree of seriousness … Continue reading Duties of Physician under the Federal Decree Law No. (4) of 2016

The Nullity of the Arbitral Clause and the Arbitration Award For the Lack of Capacity on the Part of the Signatory to the Arbitral Clause

Last updated on December 24th, 2019 at 09:37 amUpon drafting a sale and purchase contract for the purchaser of the residential unit in one of its projects, one of the pioneering real estate development companies in Dubai whose legal form is a limed liability company intended to verbally authorize its sale officer to sign a sale and purchase contract under its letterheads including the guaranteed conditions and obligations undertaken by the parties to the contract – both the seller and the purchaser –inter alia the clause which provides for the resort to institutional arbitration in lieu of the normal litigation. … Continue reading The Nullity of the Arbitral Clause and the Arbitration Award For the Lack of Capacity on the Part of the Signatory to the Arbitral Clause

Highlights on UAE Federal Law No. 18 of 2018

Last updated on December 30th, 2019 at 09:21 amRead below the Highlights on UAE Federal Law Decree No. 18 of 2018 amending certain provisions of the Code of Civil Procedure issued by Federal Law No. 11 of 1992:     His Highness Sheikh Khalifa bin Zayed Al Nahyan, President of the United Arab Emirates, has issued a Federal Law Decree amending certain provisions of the Civil Procedure Code. Ten (10) Articles of the Civil Procedure Code have been amended by new texts, entailed by current situation and unceasing development in the United Arab Emirates. These amendments are as follows: 1) … Continue reading Highlights on UAE Federal Law No. 18 of 2018

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