Judicial Decisions in Federal Decree-Law No. 15 of 2021
DOI:
https://doi.org/10.35246/jols.v37i2.555Keywords:
Judicial Orders, Judicial Rulings, Judicial DecisionsAbstract
Judges perform many acts in the exercise of their function and issue many judicial rulings, judicial decisions, in addition to judicial orders; Accordingly, judicial decisions differ from judicial decisions, and both differ from judicial orders. Although judicial rulings and judicial orders are clear and their nature can be accurately identified, defining judicial decisions, especially those added by the legislator in the UAE under Federal Decree Law No. 15 of 2021, is not that easy. In the aforementioned decree-law, the Emirati legislator added the word (Decision) with each word (Ruling) in most of the legal texts subject to amendment under this decree.
Judicial decisions issued by judges during the exercise of their functions are numerous and varied, and not all of them are subject to the rules contained in Federal Decree-Law No. 15 of 2021, but rather the legislator singled out a specific type of judicial decisions, and although they are not explicitly specified in the decree, we can infer them from Through the texts of Civil Procedures Law No. 11 of 1992 and its amendments, and Regulation No. 57 of 2018 and its amendments.
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References
First: The Books
i. Ahmed Muslim. 1971. The Origins of Civil and Commercial Pleadings, Arab Thought House, Egypt.
ii. Al-Rubi, Osama. 2009. Rules of Civil Procedure and Judicial Organization in the Sultanate of Oman, Arab Renaissance House, Egypt.
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iv. Al-Wafa, Ahmed Abu. 2012. Civil and Commercial Pleadings, Dar Al-Fikr Al-Arabi, Egypt.
v. Al-Wafa, Ahmed Abu. 2015. Civil Procedure Procedures, Al-Wafa Legal Library, Egypt.
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viii. Fahmy, Wajdi Ragheb. 2018. The General Theory of Judicial Work in the Procedure Code, Mansha’at al-Maaref, Egypt.
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x. Muhammad Abdul-Khaleq Omar. 1976. The Civil Judicial System. Dar Al-Nahda Al-Arabiya, Egypt.
xi. Muhammad Abdul-Khaleq Omar 1978. Civil and Commercial Procedures Law, Dar Al-Nahda Al-Arabiy, Egypt.
xii. Muhammad Al-Ashmawi and Abdul-Wahhab Al-Ashmawi. 1957. Rules of Pleadings in Egyptian and Comparative Legislation, Library of Literature, Egypt.
xiii. Nabil Omar. 1988. Orders on Petitions and Their Legal System in Civil and Commercial Pleadings, Mansha'at Al Maaref, Egypt.
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xv. Turki, Ali. 2015. Explanation of the Civil Procedures Law, Dar Al-Nahda Al-Arabiya, Egypt.
xvi. Wajdi Ragheb Mahmoud، Sayed Ahmed Mahmoud. 1994. Kuwaiti Pleadings Law, Dar Al-Kutub for Printing, Publishing and Distribution, Kuwait.
Second: Theses and scientific Research
i. Znoub, Yasser Basem, and Saddam Khazal Yahya. 2018. "Implicit Judgment and its Validity for Forced Execution - A Comparative Study." Tikrit University Journal of Law 93-160.
ii. Edriss Alaoui Al-Abdlawi. 1999. "The Works of Judges of a State Nature." Academy of the Kingdom of Morocco 99-129..
iii. Mahmoud Al-Sayed Omar Al-Tahwi. 1997. "The scope of the judge's authority to issue the judicial order in the Civil and Commercial Procedures Law." Menoufia Magazine 171-393..
iv. Jami, Abdel Basset. n.d. "The State Judge Authority." Journal of Legal and Economic Sciences 571-647.
Third: Legislation and Laws:
i. Federal Civil Procedures Law No. 11 of 1992 and its amendments."
ii. Federal Civil Transactions Law No. 5 of 1985 and its amendments.
iii. Federal Decree-Law No. 15 of 2021
iv. Federal Personal Status Law No. 28 of 2005 and its amendments.
v. Law of Evidence in Civil and Commercial Transactions No. 10 of 1992 and its amendments.
vi. The regulation of the Civil Procedures Law issued by Cabinet Resolution No. 57 of 2018 and its amendments. 2018.
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- 2023-01-04 (2)
- 2022-12-24 (1)
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