Judicial Discretion and the Legal Basis of Claims: Limits of Court Intervention
An exploration of the boundaries of a court's authority to apply legal principles beyond those cited by the parties, balanced against the factual scope of the case.
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Editorials
Explore in-depth legal editorials, statutory analyses, and practical guides on United Arab Emirates law from LawFinder Middle East.
Judicial Review in the UAE: Distinguishing Between Annulment and Reversal
An analytical examination of the legal outcomes of successful appeals before the Court of Cassation, focusing on the distinction between the annulment of judgments and their reversal.
The Adversarial System and the Burden of Proof: Article 12 Analysis
An examination of the shift from inquisitorial to adversarial systems in Tunisian civil procedure and the court's role in evidence collection.
Critical Analysis of Cassation Decision No. 1350 (Combined Chambers)
A legal review of the landmark 2002 decision by the Combined Chambers of the Court of Cassation regarding procedural annulment and judicial referral.
The Legal Framework of International Jurisdiction under Tunisian Law
An analysis of the 1998 Code of Private International Law and its governance of judicial competence, foreign judgments, and sovereign immunity.
Procedural Mechanisms for Challenging International Jurisdiction
A comprehensive guide on invoking pleas of lack of international jurisdiction in Tunisian courts, distinguishing between primary and exceptional mandates.
Legal Classification of Mixed Questions of Law and Fact
An analytical examination of legal defenses that integrate factual elements with statutory interpretation, focusing on their procedural classification and impact on public policy.
The Scope of Judicial Oversight: The Court of Cassation’s Review of Factual Elements
A critical analysis of the boundary between law and fact in the UAE Court of Cassation, exploring how the court exercises oversight over factual findings without overstepping its jurisdictional mandate.
The Legal Framework of Liquidated Damages in Civil Contracts under UAE Law
An examination of the evolution and application of penalty clauses (liquidated damages) within civil obligations, tracing back to historical legislative drafts and current judicial practice.
Judicial Overview of the UAE Court of Cassation Decision No. 76935
An authoritative review of the landmark decision rendered by the Fourth Civil and Commercial Chamber of the Court of Cassation on November 11, 2020.
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