Conflict of Laws in the United Arab Emirates

If legislator award tow divers and opposite statements in the same subject, conflict of those laws to happen. Conflict of laws make hard the enforcement of them. So in one hand enforcing to law in one aspect is impossible, in other hand to believe the implied repealing or derogation cause to incomplete enforcement of laws also lead to contradiction ruling by legislator. So in all legal systems scholar must pursue his endeavors to archive an interpretation which will permit of the reconciliation, and thus of the application of both regulations. In common view, the principle of continuity (isteshab) of prior law between two conflicting law is foundation of reconciliation rule. So far, reconciliation conflicting laws is matter of interpretation. It is perfectly clear that the idea of reconciliation is based on the "idea of rule of law" and principle of "separation of powers". So only legislator can repeal laws that he enacted previous time. But, judge or jurist has no authority to do so. This article aims at giving an outline of the regulation of conflict of laws contained in the Emirati Code of Civil Transactions, while adopting a comparative approach to Private international law rules in other Arab as well as Western countries. The article is divided into two main parts. The first consists of an overview of the regulation of conflict of laws in the UAE, addressing the origins, method and scope of the regulation. The second contains an analysis of the conflict of law provisions in the Emirati law, addressing the conceptual approach, general rules and special rules of conflict of laws.

کلیدواژه ها:

Conflict of laws ، Emirati Code of Civil Transactions ، United Arab Emirates (UAE)