التنظيم القانوني للرهن التأميني للمركبات في القانون الإماراتي

الموضوعات

قانون

روابط وملفات

التعريف والنوع

رقم الوثيقة

ebff6516-5dd6-4dc3-b580-5ec0eb0b366d

رقم العقد

0

نوع الوسائط

Crawler

نوع المحتوى

الرسائل العلمية

صيغة المصدر

رسائل ماجيستير

نوع الملف

pdf text

أسماء الملفات

2325538_2.pdf

بيانات النشر

ألقاب المؤلفين

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اللغة

English

المصدر والدورية

اسم المصدر

التنظيم القانوني للرهن التأميني للمركبات في القانون الإماراتي

المحتوى والصفحات

عدد الصفحات

0

ترجمة الملخص

Legal Regulation of Insurance Mortgage for The Vehicles in UAE Law The mortgage that applies to vehicles is the insurance mortgage, because of the special nature movables have the property of self-identification, which leads to apply the registration rule on the ownership deed. The insurance mortgage is concluded between the mortgagee, who is the creditor, and the mortgager, who is either the debtor himself or someone else (the in-kind guarantor). In order for this contract to be validly concluded, it must fulfill all its elements and conditions. The objective conditions stipulated in the general rules for concluding contracts must be available, such as consent, subject matter, and cause. Also, special conditions must be present for such contract, which are the formality conditions. The insurance mortgage is created according to a formal contract, that is, the legislator has drawn a special way for its conclusion. This study aimed to identify the mechanism for regulating the insurance mortgage contract for all types of vehicles in UAE legislation. This was done by reviewing and discussing the legislative texts related to the insurance mortgage. Also, by referring to the judicial rulings in this regard. In this study, the legal texts related to the insurance mortgage for vehicles were analyzed and scrutinized, in UAE Civil Transactions Law, and other relevant legislation. One of the most important findings of this study is that the Emirati legislator regulated the insurance mortgage contract for vehicles through the texts that regulate real estate insurance mortgages. The insurance mortgage contract for vehicles is written by the mortgagee, which is mostly banks in the UAE. The insurance mortgage contracts took on the nature of adhesion contracts, which means that the mortgage debtor cannot negotiate the terms of the contract. The UAE legislator also issued a special law that regulates the guarantee of rights in movable properties, but it excluded the insurance mortgage contract on vehicles from the inclusion and the application of this regulation to it, because the insurance mortgage contract on vehicles has a special regulation which is applied to real estate. This real estate regulation applies to movables of a special nature. One of the most important recommendations presented by the researcher is to include the insurance mortgage contract for vehicles within the regulation of the law guaranteeing rights to movables, because the insurance mortgage contract for vehicles is based on formality (registration). Registration is also a pillar of the guarantee contract, which the legislator regulated in the law guaranteeing rights to movables.

إشراف وإعداد

الإشراف

زيد العقايله

الإعداد

عبيد محمد صالح سليمان الكعبي

الاقتباسات الببليوغرافية