Save

Reconsidering the Special Rules of Mitigation of Damages for Breach of Contract for the Sale of Goods in UAE Law

In: Arab Law Quarterly
Authors:
Mahmoud I. Fayyad College of Law, University of Sharjah 59105 Sharjah United Arab Emirates

Search for other papers by Mahmoud I. Fayyad in
Current site
Google Scholar
PubMed
Close
https://orcid.org/0000-0002-4525-7876
and
Ahmad M. Hayajneh School of Law, University of Jordan Amman Jordan

Search for other papers by Ahmad M. Hayajneh in
Current site
Google Scholar
PubMed
Close
Download Citation Get Permissions

Access options

Get access to the full article by using one of the access options below.

Institutional Login

Log in with Open Athens, Shibboleth, or your institutional credentials

Login via Institution

Purchase

Buy instant access (PDF download and unlimited online access):

$34.95

Abstract

This research focuses on the regulatory framework of a creditor’s duty to mitigate damages in UAE law, and examines the extent to which this organization is consistent with the provisions of the UN Convention on the International Sale of Goods. The absence of an explicit legislative provision imposing this duty in the national law does not preclude the possibility of implementing many general rules governing the theory of contract provided in the UAE federal law on civil transactions. It also concludes that the regulation of commercial sales contracts provided in the UAE federal law on commercial transactions is counterproductive in organizing this duty in contravention of the general rules of contract law and international perspective and in contrast to the provided goals of these special provisions (maintaining mutual trust between the contracting parties and the stability of commercial transactions). It suggests fundamental amendments to the federal law on commercial transactions.

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 335 335 28
Full Text Views 13 13 1
PDF Views & Downloads 27 27 5