The Possibility of Executory Attachment on the Trade Name under the UAE Law
Dr. Muzaffar Jaber Al-Rawi
Assistant Professor of Commercial Law – School of Law – University of Sharjah – United Arab Emirates
Abstract:
This research aims at studying the issue of executive attachment/seizure on the trade name due to its importance. If the various legislations have regulated the provisions of the going concern, the majority of them do not recognize any conduct on the trade name to be done separately from the going concern except UAE law, which recognizes that the trade name is not included in any of the legal acts on the going concern unless otherwise agreed by the parties .
However, the UAE legislator left the regulation of the attachment/seizure of the trade name of the going concern to the general rules, which is inconsistent with the nature of the moral elements of the going concern, and does not conform to the characteristics of commercial transactions such as speed and simplification of procedures, which raised some legal problems.
In this study, the researcher reached a number of recommendations, the most important of which is the need to explicitly stipulate that the trade name should be reserved under a law to regulate the trade names and to make texts or amend some of the provisions of the Code of Civil Procedure to ensure that the nature of the trade name is taken into consideration.
Key words:
Trade Name, Executive Attachment/Seizure, going concern, UAE Law.