The position of Emirati Law differed from that of the Qatari one in terms of both personal and substantive approaches of civil liability according to variation in their historical sources. While Qatari Civil Law adopted Fault in its personal concept as a basis for liability of unlawful act, influenced by most Arab Civil Laws that preceded it such as Egyptian Civil Law, we find that the UAE Civil Transactions Law, influenced by Islamic Jurisprudence, adopted tort in its substantive concept as a basis for liability of unlawful act.
Despite the fact that both laws are contemporary, they didn't pay adequate attention to developments of civil liability in comparative laws. Yet the traditional rules of liability remained as those laid down in French law. Furthermore, the judiciary in both countries, unlike French one, didn't take effective efforts to develop the rules.
However, both laws codified in their legislations some civil liability developments of comparative law especially the relevant international conventions, which are mostly biased to substantive approach as the best trend to ensure rights of injured parties.
The task of this article is to examine the modern trends of Liability for tort in both UAE and Qatari laws in light of liability developments in French Law.
"Modern Trends of Liability for Tort: A Comparative & Analytical Study on the United Arab Emirates (UAE) and the Qatari Laws In light of the Developments in the French Law,"
UAEU Law Journal: Vol. 2017:
71, Article 1.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2017/iss71/1