Five Law MA theses approved at UAEU

The College of Law at United Arab Emirates University (UAEU) has approved five MA theses in Private and Public Law.

The first MA thesis is entitled ‘The Theory of Emergency Conditions and their impact on the Economic Balance of the Contract: Analytical study of the Civil Transactions Act in the United Arab Emirates No. (5) Of 1985’ by Khamis Saleh Al Mansouri. The study aims to examine the emergency circumstances of the UAE Civil Transactions Act No. (5) Of 1985. It also aims to define the theory of emergency circumstances, its range of application, and its impacts on individual contractors or others, as well as identifying the judge's authority to amend the contract or terminate it on the basis of this theory. The researcher recommended that Legislative amendments should be made to eliminate common condition in applying the theory of emergency circumstances, and achieve the theory’s goals and objectives.

Fatima Alameri presented her thesis entitled ‘The Protection of the Worker’s Private Life in the UAE Legislation’. In her thesis, she analyzed and evaluated the legal principles that guarantees the rights of labor’s private life in UAE institutions, with consideration and comparison to similar regulations in other countries. She discussed the importance the UAE national project has put on labor’s private life.

Manar Al Shaibani defended her thesis entitled ‘Guarantees of the Performance Measurement Process for Federal Government Employees in United Arab Emirates’. She discussed performance measurement process, including its definition, work procedures, the levels of measurement and the implications of the federal public employee in the United Arab Emirates in accordance with the Human Resources Law of the Federal Government and its executive regulations. The study identified the administrative and judicial guarantees stated by employment law with regard to work performance measurement that has to be imposed with justice. The researcher recommended that the right of administrative appeal of all performance measurement levels should be given to all employees.

Adel Al Marzooqi, a MA student in Public Law, defended his thesis entitled ‘Arbitration as a means of resolving disputes arising from administrative contracts’.  His study focused on the arbitration of administrative contracts and the effects it has on an administration, its obligations, and the national economy. The researcher examined examples from other countries and the opinion of jurisprudence and the law thereof. The study also reviewed several judicial rulings, which support or decline the idea that an administration can resort to arbitration clause in its contracts with third parties.

The thesis entitled ‘Medical Error Study in the UAE Medical Liability Act 2016’ by Kholood Abdul Ghani, aims to identify the medical error in light of the provisions of the civil laws and the basic principles established by the jurisprudence and the law in order to assess the medical error. She examined the extent of entitlement to compensation and the amount of this compensation in light of the discretionary power of a judge. The researcher found that the medical responsibility in the UAE legislation is a liability, not a contractual one. She recommended assigning a medical liability authority to indicate the amount of damage and causality, reduce the burden on the courts, and have the authority to assess the damage and causality. 

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Aug 8, 2018