Date of Award

10-2017

Document Type

Thesis

Degree Name

Master of Science in Jurisprudence (MSJ)

Department

Private Law

First Advisor

أد. أسامة أحمد بدر

Second Advisor

د. حبيبة سيف الشامسي

Abstract

All contracts are subjected to the general rule, which is the commitment of the parties to the implementation of the contract, but this rule is dissenting with other rule, that it should be a balance between the obligations of the parties in the economic terms at the stage of formation of the contract and its implementation, and any disruption facing the imbalance will affects this balance in the contracting phase through the theory of compliance, either at the implementation phase that will face it through the theory of emergency circumstances, and what we need is the second exception of emergency conditions during implementation.

Many laws regulating had dealt with the theory of emergency circumstances,including the Civil Transactions Act in the United Arab Emirates No. (5) Of 1985 which approved the theory of emergency circumstances in article 249 of the law. The theory assumes that when we need to apply the emergency circumstances theory for a contract fail to be implemented for the time, the exceptional circumstances arise in general is not in the effort expected by the parties. It entails economic imbalances of the contract between the parties of the contract and a serious imbalance happens in the implementation of the contract. So when it comes to the execution, the debtor for the contract is threatened by the heavy loss beyond the reasonable limit.

The damaged parties have the right to go to the judiciary to restore the balance and it considers the principle of the contract made by the law between the parties

The objectives of the research were to highlight on several key points such as:defining the emergency circumstances? Does it apply for all contracts? What are the applied conditions for it? And how can the theory impact the individual contractors or others? As well as the extent to which the judge has the authority to amend or terminate the contract on the basis of this theory.

To achieve these goals we had started with a historical overview of the theory of evolution, so the research is divided into two chapters. The first chapter is about the theoretical concept, define the theory, distinguished this theory from the others approach close to it, scope of application, and as well as addressing the legal basis. Chapter two is assigned to show the impact of the theory of emergency conditions and the authority of the judge in stabling the economic balance of the contract, also it points out how the theory will impact parties and others, and also how can the judgecontrol his power in achieving economic balance of the contract and how far theauthority can achieve this balance.

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