Abstract
This study examines the role of courts to fill the legislative vacuum as to the extended damage inflicted on third party. The current law of UAE Civil Transactions does not provide for the right of innocent party to claim financial damage, nor for moral damage in the event of suffering from non-fatal injury. Does that mean no right of claiming compensation by the innocent party? A question, which has been answered in this study. The study ended with the following results:
1- Under article 293 of UAE Civil Transactions Law, an action for extended moral damage is given for spouses and relatives of the family who suffer from tort only because of the death of the injured.
However, this study demonstrated that an action in tort could be brought by a third party who suffered loss through the killing of another or in case of non-fatal injury.
2- The compensation for the extended financial damage includes only the case where the reason for the dependency is legal and legitimate, and excludes the compensation where the reason is inspired by mercy. In other words, compensation for extended financial damage must be limited to persons whom the deceased or injured as covered by the provisions of Article 282 of the Civil Transactions Act.
The study was divided into three sections the first devoted to general provisions in extended damage and the second financial extended damage, while the third was for the moral extended damage
Recommended Citation
Obaidat, Yousef Mohammad
(2015)
"The Extended Damage between the Provisions of the Law and the Decisions of the UAE Judiciary,"
UAEU Law Journal: Vol. 2015:
No.
63, Article 1.
Available at:
https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2015/iss63/1