The Impact of the Appeal on the Implementation of Judgments Decisions and Judicial Orders in UAE Law
DOI:
https://doi.org/10.35246/xrzrch12Keywords:
Effects of the Appeal, Judicial Rulings, Judicial Decisions,, Judicial OrdersAbstract
The methods of appeal are divided into an ordinary appeal path, an unusual appeal path, and the only ordinary appeal method in the United Arab Emirates is appeal, and because of the diversity of judges' decisions, the effects of appeal on implementation varied, the study dealt with the impact of appeal on the implementation of judicial rulings, judicial decisions and judicial orders. The study addressed the topic in three sections: the first on the impact of appeals on judgments, the second on the impact of appeals on decisions, and the third on the impact of appeals on orders, using the descriptive-analytical method. The effects of appeals on execution are unclear due to the diversity of judicial actions issued by judges, and this is the motivation behind conducting the research. The study has reached important results, namely: there is an impact of appeal on the implementation of enforceable judgments, some of the execution judge's decisions, and it also affects performance orders. As for the most important recommendations, they include the necessity of amending some texts to align with the legislator's purpose.
Downloads
References
First: The Books:
I. Nabil Ismail Omar, Principles of Civil and Commercial Procedure, 1986.
II. Mariam Ahmed Al-Sandal, Explanation of the UAE Civil Procedures Law in accordance with Federal Decree-Law No. 42 of 2022 promulgating the Civil Procedures Law, Dar Al-Nahda Al-Ilmiyya, 2023.
III. Ali Turki, Explanation of Forced Execution Procedures in accordance with the Federal Civil Procedure Law No. 11 of 1992, Dar Al-Nahda Arabic, 2013, 3rd Edition.
IV. Mariam Ahmed Al-Sandal, Al-Wajeez in Forced Execution Procedures According to Federal Decree-Law No. 42 of 2022, Dar Al-Nahda Al-Ilmiyya, 2023.
V. Ahmed Maher Zaghloul, The Origins of Judicial Forced Execution, Dar Al-Nahda Arabic, 2001.
VI. Azmi Abdel Fattah, Rules of Forced Execution in the Egyptian Code of Procedure, Dar Al-Nahda Arabic, 2001.
VII. Ahmed Meligy, The Comprehensive Encyclopedia of Implementation According to the Provisions of the Code of Procedure, 2001, vol. 5.
VIII. Fathi Wali, Forced Execution in Civil and Commercial Matters, Dar Al-Nahda Arabic, 1995.
IX. Ahmed Abu Al-Wafa, Execution Procedures in Civil and Commercial Matters, Knowledge Foundation, 10th Edition, 1991.
Second: The Research:
I. Abdel Basset Mohamed Jumai, Direct Appeal of Performance Orders, Journal of Legal and Economic Sciences, Faculty of Law, Ain Shams University, Volume 3, Volume 2, 1961.
II. Mariam Ahmed Al-Sandal, Judicial Decisions in Light of Federal Decree-Law No. 15 of 2021, Journal of Legal Sciences, University of Baghdad, Volume 37, Volume 2, 2022.
Third: The Legislation and laws:
I. Federal Decree-Law No. 42 of 2022 promulgating the Civil Procedures Law.
Fourth: The Websites:
I. Eastern Laws Network Website https://evo-eastlaws-com.
II. Website of the Ministry of Justice in the U.A.E https://elaws.moj.gov.ae/.
Downloads
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution 4.0 International License.
Copyright and Licensing:
For all articles published in Journal of Legal Sciences, copyright is retained by the authors. Articles are licensed under an open access Creative Commons CC BY 4.0 license, meaning that anyone may download and read the paper for free. In addition, the article may be reused and quoted provided that the original published version is cited. These conditions allow for maximum use and exposure of the work.
Reproducing Published Material from other Publishers: It is absolutely essential that authors obtain permission to reproduce any published material (figures, schemes, tables or any extract of a text) which does not fall into the public domain, or for which they do not hold the copyright. Permission should be requested by the authors from the copyrightholder (usually the Publisher, please refer to the imprint of the individual publications to identify the copyrightholder).
Permission is required for: Your own works published by other Publishers and for which you did not retain copyright.
Substantial extracts from anyones' works or a series of works.
Use of Tables, Graphs, Charts, Schemes and Artworks if they are unaltered or slightly modified.
Photographs for which you do not hold copyright.
Permission is not required for: Reconstruction of your own table with data already published elsewhere. Please notice that in this case you must cite the source of the data in the form of either "Data from..." or "Adapted from...".
Reasonably short quotes are considered fair use and therefore do not require permission.
Graphs, Charts, Schemes and Artworks that are completely redrawn by the authors and significantly changed beyond recognition do not require permission.
Obtaining Permission
In order to avoid unnecessary delays in the publication process, you should start obtaining permissions as early as possible. If in any doubt about the copyright, apply for permission. Journal of Legal Sciences cannot publish material from other publications without permission.
The copyright holder may give you instructions on the form of acknowledgement to be followed; otherwise follow the style: "Reproduced with permission from [author], [book/journal title]; published by [publisher], [year].' at the end of the caption of the Table, Figure or Scheme.
