The Effect of the Mecelle on Theories of Contract and Tort under UAE Transactional Law No 5 of 1985
Prof. Nouri Hamad Khater
Professor of Civil law – College of Law United Arab Emirates University
Abstract:
The Mecelle had a great effect on the formation of the UAE’s Civil Transactions Law No. 5 of 1985, particularly in relation to the theories of contract and tort. The law adopted the Mecelle’s definition of expression of will in relation to the conditions of validity of consent, in addition to the reasons for invalidating consent, and contract validity. The law also followed the drafting of tort provisions of the Mecelle. This article attempts to track the legislative drafting of the civil transactions law quoted directly from the Mecelle in the areas of contract and tort.