1- Justifications, Excuses, and Mitigating Factors of Willful Murders
Rule issued in the year of 2010-Penal, included in the judgment of Dubai Cassation Court, issued on 14/6/2010, contest No. 253/2010- Penal.
Anger in different kinds of murders and hitting crimes is considered as an excuse, even if it is not accompanied by premeditation. And if a person commits a murder crime, out of anger and outburst, he shall be considered as willful committer. And the court infers from the facts and papers whether the offender commits the willful murder after premeditationand pre-planning, not out of anger and outburst.
2- Defamation Crime Thru Information Network:
The rule issued in 2016 – Criminal – which was included in the court of cassation judgment – Dubai, on 18/1/2016, in the cassation No. 895 of 2015 – Criminal.
The phrase in connection with cursing someone, as mentioned in article No. 20 of the Decree issued under the Federal Law No. 5 of 2012 on anti-information technology crimes, which included cursing the natural and artificial individuals in addition to those who work at the corporate bodies by using the information technology which effects shall require to penalize the criminal the thing which cannot be changed due to the Federal Penal Law in article No. 374 as the information technology mean is so dangerous as the project designated, for it, a special law to deal the actions done by the criminal in connection with the cursing and defamation by using the information technology mean.
3- Accepting The Labor Claim:
The rule issued in 2015 – Criminal – which was included in the court of cassation judgment – Dubai, on 24/11/2015, in the cassation No. 174 of 2015 – Labor.
The law of Dubai Free Zone For Technology & Electronic Trading & Media (TECOM) was free from any articles which exclude the companies and establishments of the Free Zone included in its geographical scope in connection with their relationships with the laborers who work at such companies and establishments as they subject to the provisions of the labor law or confer the free zone authority the right to receive the claims of the laborers, on their labor disputes as per article No. 6 of the Labor Relationships Regulation Law, which require the laborer to apply to the Labor Department for an attempt to settle the disputes amicably before he submits its claim to the court.
4- The Court Authority & Power To Estimate The Revenue In Some Kinds of Sales.
The rule issued in 2012 – Criminal – which was included in the court of cassation judgment – Dubai, on 26/12/2016, in the cassation No. 49 of 2012 – Civil.
The property purchaser shall have the right to receive the sold property from the date of signing the sale contract even if such sold property was not registered, upon purchasing, unless agreed otherwise; yet, if the seller fails to hand the sold property to the purchaser, the former shall be obliged to indemnify the purchaser in return for getting benefit of the property illegally from signing the contract till handing the sold property to the purchaser. Yet, the same shall not be changed in case of transfer of the property ownership by registration; besides, estimation of the revenue of the sold property, for an equal wage, is one authority and power of the court of merits.
5- The Alimony – Personal Status:
The rule issued in 2015 – Rights – which was included in the court of cassation judgment – Dubai, on 31/3/2015, in the cassation No. 23 of 2015 – Personal Status.
The father’s acceptance to pay the study expenses - at the private schools in one of school years, for one of his children who are under custody of their mothers – is considered as acceptance on the part of such father to enroll such child is the same schools. Besides, the father’ continuation to pay the subsequent study expenses - at the private schools in one of the school years, for one of his children who is under custody of their mother, is considered as confirmation and acceptance on the part of such father to enroll such child at such schools and compliance on his part with payment of the expenses of such schools, and it is considered as a confirmation and acceptance on the part of the father to keep paying such expenses in the following school years as long as his financial positions have not been changed, otherwise he shall enroll his children in proper government schools.
6- Worthless Cheque
Rule issued in the year of 2011-Penal, included in the judgment of Dubai Cassation Court on 19/12/2011, contest No. 505/2011- Penal.
Reason of drafting cheques, or the purpose of it, in Article No. 401-Penal, has no effect on recognizing the crime of drafting worthless cheque. Because cheque, as defined by Article No. 401-Penal, and defined similarly by commercial law, is a payment and fulfillment tool which is payable at sight, and it replaces monetary units in transactions, whether as a result of defective commercial transactions by reason of fraud, or as a security of commercial transactions. Since the withdrawer cannot change the nature of such paper, or deprive it from the features granted to it by law. Thus, crime related to cheque are irrelative to the reason or subjective of drafting it, as long as the cheque fulfill its decided formal aspect, and the withdrawer confer that he issued it, and it is evident that it has no outstanding balance on the date of its maturity, and in which case the crime of drafting a worthless cheque is confirmed against him.
7 - Preliminary Sales Contract does not Transfer the Ownership of Real Property
Judgment of Cassation Court – Dubai dated 04/04/2010 Cassation No. 9/2010 Civil .
Ownership of real property or other rights in rem over real property may not be transferred between the two contracting parties or as against a third party save by registration in the land department as reply to the buyer’s request and the execution of the purchase contract. Hence the effects of violating such rule will be non-acceptance of the case. Example of non-registered sales contract. Dubai cassation court adjudicated that the effects of the dissolution of the contract, the two contracting parties shall be restored to the position they were in before the contract was made, and if that is not possible, compensation shall be ordered.
8- Terminate Of Contract
This has been included in the Judgment issued by the Cassation Court dated 18/04/2010 in Cassation no. 16/2010 Real Estate Cassation.
The effects of dissolution of the contract “If the contract is cancelled with or without a positive act, the two contracting parties shall be restored to the position they were in before the contract was made, which indicates that the agreements and commitments contain in the contract stand null and invalid and if that is not possible, compensation shall be ordered and the judge should estimate such compensation according to the public rule and regulations, while the plaintiff will be required to prove the occurrence and value of damage”.
It’s satisfied in Jurisdiction of the Court that the text of Article (274) of Civil Transaction Law “If the contract is cancelled with or without a positive act, the two contracting parties shall be restored to the position they were in before the contract was made, and if that is not possible, compensation shall be ordered” the meaning by such, if the contract is dissolved by reason of validness or cancellation or through any other cause and each of the parties is obliged to return that which he has obtained, it shall be permissible for each of them to detain1 what he has received so long as the other party has not returned what he has received from the former, or provide security for such return.
9 - The Liability Of The Manager Of The Company
The Rule Issued In The Year Of 2010 Rights - This has been included in the judgment issued by the Cassation Court dated 21/02/2010 in Appeal No. 279/2009 Civil Cassation.
The partner of a limited liability company shall be liable to the extent of his own money in case of fraud or obvious deception was apparent or the manager was personally debt or not the company.
The responsibility of the individual owner of the establishment for the debt even if it is invested by someone else, the same was ruled by the Dubai Court of Cassation.
10 - The Rule Issued In The Year Of 2008 Rights
Set forth in the rule of the Court of Cassation - Dubai on 01/12/2008 in Cassation No. 89/2008 and no. 102/2008 Commercial Cassation.
The private or sole establishment does not have legal or independent personality part from its owner. Hence the effect of such, the owner is personally committed to the debts of his establishment. If the establishment is being invested by someone else part from its owner, the effect of whatever deeds being committed by such investor in the name of the establishment will be related to such investor, provided that the involved creditor will be aware of such conditions, extracted through the authority of the trial court.
11 - Insurance - Some Types Of Insurance – Risk Insurance
The Rule Of Year Of 2010 Rights
Set forth in the rule of the Court of Cassation - Dubai on 10/01/2010 in Cassation No. 253/2009 and no. 288/2009 Civil Cassation.
CONTRACTS OF INSURANCE: Insurance is a contract whereby the assured and the insurer cooperate in facing the insured risks or events, and whereby the assured pays to the insurer a specified sum or periodical installments, and if the risk or the event set out in the contract materializes, the insurer pays to the assured or the person stipulated as the beneficiary a sum of money or a [regular] income or emolument any other pecuniary right, (Civil transactions law).
Compensation lawsuits should be filed within 3 years from the date of knowledge of the injured damage.
The Rule Issued During The Year Of 2010 Rights
Set forth in the rule of the Court of Cassation - Dubai on 14/02/2010 in Cassation No. 361/2009 Civil Cassation.
Article No. 298; civil transactions law, No claim for indemnity arising out of a harmful act shall be heard after the expiration of three years from the day on which the victim became aware of the occurrence of the harm and of the identity of the person responsible for it.
13 - Duplicating Of Trademarks
The Rule Issued In Year Of 2010 Rights
Set forth in the rule of the Court of Cassation - Dubai on 27/04/2010 in Cassation No. 76/2010 Commercial Cassation.
The duplicating of trademarks is the synthesis of a similar mark in whole, the same as the origin trademark which would mislead consumers addressees such two trademarks in order to acquire confusion between the two trademarks, because the purpose of the trademark is to be a way to differentiate products and achieved this purpose by comparing between the trademarks that are used to distinguish a service or a particular commodity, for such purpose it should be necessary to compare between the trademarks to verify whether the trademark has its own self-especially distinguishes her from the others and the compassion should be done as a whole and not to each of the elements, which is composed of them because what counts is not the containment of the trademark on the letters, symbols, images, or colors, which contain another trademark, but the point is the public image that etched in the mind as a result of the installation of these images, symbols, letters or colors with each other of the form which stands out in another trademark regardless of the elements that enters the composition of them and whether one of them share a part or more than one other taken in assessing the similarity of misleading the degree of awareness and understand of the consumer addressed to the trademarks and their ability to distinguish between them and the existence of similarities deceptive to the consumers or lack of questioning the matter which belongs to the trial court without pursuer from the Court of Cassation since its judgment was built on the reasons for grabs supported by documents, also have to utilize the report of the appointed expert as an element of proof in the case also have to introduce its causes when reassured them and referred to them without the need to respond to the objections of opponents or follow them in their defense because it is taken it this way implies the response this defense or they do not see the opponent's objections what it's worth answering more than guaranteed experience report.
14 - The Expert
The court has the right to adjudicate in contrary with the opinion of the appointed expert.
The Evaluation Of The Expert’s Report
The Rule Issued In Year Of 2010 Rights
Set forth in the rule of the Court of Cassation - Dubai on 25/04/2010 in Cassation No. 340/2009 and no. 343/2009 Civil Cassation.
The court may adjudicate in contrary with the opinion of the appointed expert as long as the court was able to clarify the reasons that campaign not to take the expert’s opinion in whole or part.
Its satisfied that if the court adjudicated in contrary with the opinion of the appointed expert, then the court should, pursuant to the provisions of Article 90/2 of the law of evidence in civil and commercial transactions - clarify in its judgment the reasons that campaign not to consider the report of the expert whole or in part.
15 - Real Estate Registration
The units shown in the map should be registered.
The rule issued in year of 2010 rights set forth in the rule of the Court of Cassation - Dubai on 07/02/2010 in Cassation No. 40/2009 Real Estate Cassation.
All action applied on the real estate units shown on the map should be registered in the preliminary Land Registry of the land Department, not the final Land Registry, Article no. 3 law no. 13 year 2008 related to the preliminary Land Registry ,Emirate of Dubai. The Developer should submit an application for the registration procedures for the sold units before or after following the provisions of the law within a period not exceeding sixty days from the date of applying the law. Registration of deed. The land department being the control authority and supervise the Land Registry and for the purpose to preserve the rights of costumers, may accessed or delay such date or delay the registration or should the developer refuse to submit the application to the land department. Perhaps Non-registration of the contract at all. Hence the effect of that, the deed should consider null.
16 - Commercial Business - The work related to navigation and aviation considers being commercial business.
The Rule Issued In Year Of 2009 Rights
Set forth in the rule of the Court of Cassation - Dubai on 14/04/2009 in Cassation No. 260/2008 Commercial Cassation.
All kinds of sea and air navigation activities, including, the construction, sale, purchase, chartering or taking on charter, repair or maintenance of vessels and aircrafts, as well as sea and air shipment and carriage. Article 5 paragraph 6/1 commercial transactions.
Its satisfied and pursuant to Article 5 paragraph 6/1 commercial transactions law issued by the Federal law no. 18 of year 1993 that, All kinds of sea and air navigation activities, including, The construction, sale, purchase, chartering or taking on charter, repair or maintenance of vessels and aircrafts, as well as sea and air shipment and carriage consider to be business. In ability of hearing the claims arising out of maritime shipping contract after the expiration of one year.
17 - Commercial Business
The Rule Issued In Year Of 2008 Rights set forth in the rule of the Court of Cassation - Dubai on 05/02/2008 in Cassation No. 140/2007 Commercial Cassation.
Claims arising out of maritime shipping contract should not be heard after the expiration of one year from the delivery date of the goods or the date which was supposed to be delivered, Example lawsuit filed by the carrier versus the shipper to claim wages and shipping.
Pursuant to paragraph (a) of Article 287 of the Maritime Commercial Code that, in case of denying and lack of legitimate excuse, claims arising out of maritime shipping contract should not be heard after the expiration of one years from the delivery date of the goods or the date which was supposed to be delivered, including such lawsuits, the lawsuits filed be the carrier versus the shipper to claim wages and shipping.