The UAE Federal and Local Judicial Principles Authority is entrusted - pursuant to Article 15 of Federal Law No. 10 of 2019 regarding regulating judicial relations between federal and local judicial authorities - to unify conflicting judicial principles between the Supreme Courts in the country. On Monday 9 of January at the Federal Supreme Court, the FLJPA headed by the President of the Federal Supreme Court, Judge Muhammad Hamad Al Badi, issued four important decisions.
The decisions are linked to conflicting judicial principles that resulted in the practical application of some provisions of the laws of commercial transactions, civil procedures, and criminal procedures, in application of the principle of the rule of law and the unification of its word and to achieve the requirements of the public interest and the objectives of legislation in facilitating litigation procedures.
The first decision issued by the board included the following. Considering that the "closing the account" is equivalent in result to the phrases "no balance" and "insufficiency of balance," as stipulated in Article 667 of Federal Decree-Law No. 50 of 2022 on the issuance of the Commercial Transactions Law, considering the check as an enforceable instrument.
The second decision states that the agreement of the parties, as stipulated in Article 33/5 of Federal Decree-Law No. 42 of 2022 promulgating the Civil Procedure Code, is not permissible to violate the jurisdictional competence of the courts that are subject to an independent judicial authorit
The third decision issued by the board stipulates that if the Court of Appeal dismisses the request for a writ of execution or rejects it due to the lack of conditions for its issuance, it must refer the matter to a hearing to decide on it with all the powers granted to it in the matter of appealing judicial rulings, based on the text of Article (147/3) of Federal Decree-Law No. (42) of 2022 promulgating the Civil Procedure Code.
The fourth decision issued by the Board states that the recourse provided for in Article 190 of Federal Decree-Law No. 42 of 2022 promulgating the Civil Procedure Code shall apply to criminal decisions and judgments issued by the supreme courts (the Federal Supreme Court, the Court of Cassation, or the Court of Appeal). The decisions state that the recourse provision shall apply to these decisions and judgments, regardless of the nature of the offence or the penalty imposed.
These decisions are important because they help to ensure that the rights of the parties are protected and that the criminal justice system is fair and impartial.
Edited by Chloe Mansola.
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