Date of Defense
18-10-2024 10:00 AM
Location
H2-0012
Document Type
Thesis Defense
Degree Name
Master of Private Law
College
COL
Department
Private Law
First Advisor
Dr. Enas Mohammed Al-Qudsi
Keywords
abuse of rights, compensation, arbitrary divorce, voluntary separation, divorce settlement, arbitral decision, material damage, moral damage.
Abstract
This study aims to explore the possibility of compensation for the abuse of the right to divorce and voluntary separation under the current UAE law. The study begins by identifying the cases excluded from the scope of abuse, with the objective of accurately defining the cases that warrant compensation. It examines the potential forms of abuse in the context of divorce and voluntary separation, and addresses the adequacy of current legal standards in assessing appropriate compensations.
The study employed an analytical methodology to achieve its objectives, analyzing relevant texts in the Personal Status Law and Civil Transactions Law, along with other related legislation, and examining a selection of judicial rulings.
The study resulted in several important findings, the most prominent of which is that damages resulting from arbitrary divorce or voluntary separation, whether material or moral, merit compensation. It also revealed that current legal compensations are insufficient to cover the damages that one spouse may suffer due to abuse. Consequently, the study recommended the adoption of new legal standards for assessing and compensating damages, with the aim of addressing the existing legislative gaps in this area.
Included in
ABUSE OF RIGHT TO DIVORCE AND VOLUNTARY SEPARATION : PROSPECTS FOR COMPENSATION IN UAE LAW - ANALYTICAL STUDY
H2-0012
This study aims to explore the possibility of compensation for the abuse of the right to divorce and voluntary separation under the current UAE law. The study begins by identifying the cases excluded from the scope of abuse, with the objective of accurately defining the cases that warrant compensation. It examines the potential forms of abuse in the context of divorce and voluntary separation, and addresses the adequacy of current legal standards in assessing appropriate compensations.
The study employed an analytical methodology to achieve its objectives, analyzing relevant texts in the Personal Status Law and Civil Transactions Law, along with other related legislation, and examining a selection of judicial rulings.
The study resulted in several important findings, the most prominent of which is that damages resulting from arbitrary divorce or voluntary separation, whether material or moral, merit compensation. It also revealed that current legal compensations are insufficient to cover the damages that one spouse may suffer due to abuse. Consequently, the study recommended the adoption of new legal standards for assessing and compensating damages, with the aim of addressing the existing legislative gaps in this area.