The Principle of 'Jura Novit Curia' in UAE Jurisprudence
Under UAE law, the principle of jura novit curia (the court knows the law) grants judges the authority to apply the correct legal provisions to a dispute, regardless of the specific legal arguments raised by the litigants. This ensures that justice is administered according to the true spirit of the law. However, this power is not absolute and is strictly bounded by the factual framework presented by the parties.
Factual Constraints on Judicial Authority
The primary limitation on the court's ability to transcend the legal basis provided by the parties is the factual matrix of the claim. A court cannot introduce new facts or evidence that were not submitted by the litigants. The court's role is to interpret the existing facts through the lens of the applicable law, ensuring that the judicial intervention does not infringe upon the parties' right to define the scope of their dispute.
The Will of the Parties and Due Process
Furthermore, the court must respect the 'will of the parties' as expressed in their pleadings. While the court can correct a legal misclassification, it cannot change the subject matter or the ultimate relief sought. Overstepping these bounds may lead to a violation of due process and provide grounds for an appeal based on a 'ruling on something not requested' (ultra petita).