The Tripartite Structure of a Civil Claim
In the civil law tradition, including the UAE legal system, a lawsuit is built upon three essential pillars: the parties, the subject matter, and the cause of action (as-sabab). While the parties and subject matter are relatively straightforward, the 'cause of action' remains a complex element that the legislator often leaves undefined, leading to significant jurisprudential debate.
The Legal Basis Theory
One school of thought argues that the cause of action is synonymous with the legal basis of the claim. According to this view, the 'cause' is the specific legal rule or statutory provision that grants the plaintiff the right to seek relief. For instance, in a tort claim, the cause would be the specific articles of the Civil Code governing civil liability.
The Factual Elements Theory
Conversely, a second school of thought maintains that the cause of action consists of the material facts and circumstances that gave rise to the dispute. Under this theory, the 'cause' is the set of events (e.g., a car accident or a breach of contract) rather than the law itself. This distinction is vital because it affects the court's ability to re-characterize a claim and the application of the principle of res judicata.