Journal of Legal Sciences

The methods of appeal are divided into an ordinary appeal path,
an unusual appeal path, and the only ordinary appeal method in
the United Arab Emirates is appeal, and because of the diversity
of judges' decisions, the effects of appeal on implementation
varied, the study dealt with the impact of appeal on the
implementation of judicial rulings, judicial decisions and judicial
orders. The study addressed the topic in three sections: the first on
the impact of appeals on judgments, the second on the impact of
appeals on decisions, and the third on the impact of appeals on
orders, using the descriptive-analytical method. The effects of
appeals on execution are unclear due to the diversity of judicial
actions issued by judges, and this is the motivation behind
conducting the research. The study has reached important results,
namely: there is an impact of appeal on the implementation of
enforceable judgments, some of the execution judge's decisions,
and it also affects performance orders. As for the most important recommendations, they include the necessity of amending some
texts to align with the legislator's purpose.

In Federal Decree-Law No. 35 of 2022, the legislator in the
United Arab Emirates introduced the Law of Evidence in Civil
and Commercial Transactions, which outlines methods and means
of evidence, including inspection. This legislation grants the UAE
court the authority to issue an inspection order, either on its own
initiative or at the request of the parties involved in the case. The
court has discretionary power to appoint one of its judges to carry
out the inspection or to appoint an expert to do so.
The study problem focused on the need for amendments to the
articles related to judicial inspection to eliminate ambiguity and
avoid misinterpretation, thereby ensuring the legislator’s intent is
fulfilled. The study analyzed the subject of civil evidence through
judicial inspection using an analytical approach, examining all
relevant legal texts and their judicial applications to achieve the
study’s goals and resolve its issues.
The study was divided into two sections. The first section
addressed the scope of evidence by judicial inspection, discussing
the court's powers in inspection-based evidence in the first topic and the subject matter of judicial inspection in the second topic. The second section covered the procedures for judicial inspection,
with the first topic dealing with subsidiary procedures for judicial
inspection, and the second topic discussing primary procedures
for inspection. The study concluded with findings, the most
important of which was that the court’s authority to appoint a
judge or expert for inspection involves different legal rules for
each type. The most important recommendations of the study
were the need to provide for the inspection of persons, and the
need to introduce some amendments to the texts under study to
remove the confusion.

Judicial rulings are considered procedures for filing a dispute
before the judiciary, as the issuance of a judicial ruling ends the
dispute and resolves the conflict. Therefore, the judicial ruling
must be clear, free of ambiguity or vagueness, and does not raise
confusion. Any ambiguity or vagueness that affects the judicial
ruling makes its application impossible. Therefore, the legislator
made the way to interpret ambiguous judicial rulings a way for
the litigants or those executing those rulings to resort to the court
that issued them to clarify the ambiguity or vagueness
surrounding its ruling, so that the party executing these rulings
can implement it according to its content and grant the opponents
their rights. Therefore, this research came to explain the concept
of interpreting a judicial ruling and then explaining the conditions
for interpreting a judicial ruling and the court competent to
interpret the ruling and its discretionary authority

The subject of legal protection of consumer data of a personal
nature within the framework of his digital banking transactions
constituted a very important subject in view of the digital
transformation that modern banking life has witnessed, which
produced a new type of contract represented in digital banking
transactions, and this constituted a new challenge for banking
legislation as well as consumer protection legislation. In addition
the consumer personal data protection legislation. This study aims
to demonstrate the extent to which modern banking legislation,
modeled on the UAE legislator, has approved effective legal
protection of consumer data of a personal nature in order to
enhance his legal status and protect his privacy within the
framework of his digital banking transactions, in a way that
serves the development of these transactions and consumer
protection. Considering that the UAE legislator subjects the
protection of consumer data of a personal nature within the framework of his digital banking transactions to banking
legislation as special provisions, this study raises questions about
the reason for the UAE legislator adopting this approach and the
justifications for that in light of the presence of provisions related
to the protection of personal data. This study addressed the scope
of protecting consumer data of a personal nature within the
framework of their digital banking transactions and the controls
for their use on the one hand, and on the other hand it addressed a
statement of consumer rights in the field of using their banking
data and the restrictions and violations associated with them.

This study aims to evaluate the role of the newly issued in the
UAE in 2023 in addressing the gaps in general rules concerning
misleading advertisements related to internet services. The
research utilizes samples of these advertisements to examine their
components and manifestations, assessing the adequacy of the
general rules within the UAE Civil Transactions Law in
protecting consumers from misleading advertisements. The study
is divided into two sections: the first section defines Internet
service contracts and highlights their key features, while the
second section analyzes the elements and forms of
misinformation in commercial advertisements for Internet
services. It also evaluates the effectiveness of both general and
special rules in combating these issues. The research concludes
that the special provisions within the Consumer Protection Law
and the regulations issued by relevant government agencies have
successfully filled the gaps in the general rules, effectively curbing misleading advertisements. These special rules have
contributed to reducing the prevalence of such ads by requiring
prior approval from the Telecommunications Regulatory
Authority and the UAE Digital Government for any commercial
advertisement before it is published. Additionally, they mandate
specific standards for the content of these ads, prohibit certain
misleading phrases, and impose severe financial penalties on
those who violate these conditions, including removing noncompliant ads from the market.

The aim of the study was to determine the legal nature of the laws
governing the topics referred to in Article (84/3) of the Jordanian
constitution, as the legislator required any of the upper and lower
houses of Parliament to issue a decision related to any of these
laws with a strict majority that is somewhat similar to the
majority required to approve the draft law amending the
Constitution. Which called for a part of jurisprudence to consider
these laws as complementary laws to the Constitution. The study
came to demonstrate the validity of this hypothesis. In order to
achieve the purpose of the study, the descriptive approach was
used; by analyzing the relevant texts of the Constitution. The
study has reached several conclusions, the most important of
which is that the legal value of these laws does not differ from
other laws, and the possibility of suspending their operation under
defense orders issued based on the Defense (State of emergency)
law. The study recommended that the interpretation of Article (84/3) of the Constitution should be requested to confront the
mental image that surrounded these laws in the light of
jurisprudence, by determining the legal nature of these laws and
their value in the legislative pyramid in Jordan.

The interim protective order to freeze the assets or property of the
debtor, for the interest of his or her creditors, known as the
Mareva injunction is considered as one of the most considerable
means of the precautionary and conservative seizure, and
interlocutory remedies available to the creditor, which is included
in the English Common law of customary origins, which is
unwritten and based upon judicial precedents of the English
courts. It is worth-bearing in mind that although the origin and the
development of this legal system date back to the principles of
equity, but it became as a part of the English common law. Before
being codified by the English parliament, and given legislative
features or characteristics, and included within, and provided for
in the High court Act 1981. Therefore, it is regarded nowadays as
a precautionary measure providing an interlocutory relief, and a
judicial and emergent remedy for the creditor, containing the freeze of his or her assets or property of the debtor, to prevent him
or her from removing or dissipating them. In return the Iraqi law
of civil proceedings No. (83) of 1969 regulated a similar
protective and conservative means, represented by the
precautionary seizure, aimed also at keeping the assets or property
of the debtor, and conserving them

After retirement, a pensioner's life may raise many legal issues
which social legislation endeavors to alleviate by creating flexible
and fair legal rules in appreciation of the pensioners' previous
contribution to productivity. This article investigates the
effectiveness of the labor legislation under the UAE pension and
social security law. As the UAE legislator intends to enhance the
individual's right through insurance against the risk of
unemployment, the legislator issued the Federal Decree Law No.
(13) of 2022 for unemployment insurance. The decree has
recently been implemented in both private and government
sectors. This prompted us to analyze the legislator's approaches in
issues related to the concept of unemployment and the terms and
conditions for eligibility from both jurisprudential and legislative
points of view. Besides identifying the groups excluded from the
application, the article aims to present the legal problems and
solutions affecting the worker's right to insurance eligibility
besides unregulated points which necessitate submission of a comparative paper on judicial and legislative efforts to upgrade
the law thereof. The study found some legislative deficiencies in
the Unemployment Insurance Law, principally as the transfer of
insurance upon the death of the unemployed worker remains
unclarified. Added to a lack of alternatives when the worker's
unemployment continues for more than three months as stipulated
under the decree

The study dealt with one of the most important means of
achieving stability in the contractual legal centers of international
trade contracts, namely renegotiation, and the importance of this
means of reviewing contracts is reflected in many considerations,
the most important of which are considerations of justice, if the
principle of the contract Sharia law is considered the most
important sources of contract strength as a source of, in addition
Despite the fact that it is just one of the clauses of the contract,
until its activation and entry into force requires the concerted
efforts of the parties to the contract, as well as the legal effects
arising from the implementation of the renegotiation clause,
whether negotiations succeed or negotiations fail, and the subject was addressed through the descriptive analytical approach, where
the descriptive approach was used about those negotiations it is an
obligation to take care, with The study recommended several
recommendations, including emphasizing the importance of
including the renegotiation clause in futures contracts, and the
need to formulate the renegotiation clause in two ways, first is a
general one that addresses all events that may interfere with
implementation and constitute an island change in the
implementation process, and the second is to identify specific
facts for renegotiation.

The tremendous advancements in the field of Generative AI have raised questions about how to legally protect the content produced by such systems and who owns its rights. Opinions differ regarding the possibility of granting artificial intelligence legal personality—a concept signifying its recognition as an entity capable of acquiring rights and bearing obligations. However, this proposal faces numerous legal challenges, primarily the absence of awareness and discernment in intelligent systems, which are often essential prerequisites for any legal responsibility. Consequently, this notion remains largely a subject of theoretical debate rather than practical application at present. Yet, to assert its improbability in the future is to veer far from accuracy. Since intellectual property laws are considered a realistic framework for protecting AI content, where rights are attributed to the owner or designer of the program, these laws face challenges such as determining responsibility for violations (the programmer, the owner company, or the user), the originality of the resulting content, and whether it is considered a creative work worthy of protection. The solution lies in updating the laws to keep pace with the development of artificial intelligence, which ensures a balance between innovation and protection of rights.

The topic of copyright protection is one of the very important
topics as it is an effective tool in the development of the state in
all its scientific, artistic and literary aspects. The premise of our
research revolves around the extent to which the Ministry of
higher education and scientific research can become an author
and thus can contribute to the development of a central plan for
the advancement of scientific, artistic and literary works as they
represent an important pillar in intellectual property and can open
branches in universities, institutes and research centers. It is
expected that the outputs will be qualitative and scientific fruitful
contribute to the advancement of all fields. Therefore, it was
necessary to distribute the topic to two researchers, the first of
which is to research the collective work, considering that the
collective work represents one of the means for the ministry to
receive copyright, and in the second requirement, we will
highlight the joint work as a second means for the ministry to
receive copyright.

The research concludes that the tagged research (the legal
procedures and rules taken by the Security Council towards
Iraq's international problems after 2003), proceeded from the
problem of how to distinguish between the decisions issued by
the Security Council in terms of the extent of their binding and
the extent of differentiation between the political assessments
and the legal standards of the member states of the Security
Council in the actions of the council and its decisions towards
certain situations, as happened with Iraq before and after 2003.
In order to answer the problem and achieve the objectives of the
research 2023. We had to put forward a plan that fulfills this; the
first track dealt with the definition of the Security Council and its
mechanism of work to be an input to the second track, which
dealt with the rules of procedure and rules of work of the
Security Council and its relationship with other organs of the
organization, and the third track clarified the positions of the
Security Council towards Iraq as well as the Security Council
resolutions concerning Iraq after 2003, through studying,
analyzing and classifying these resolutions in various and
varying historical epochs, in an effort by the researcher to
understand the positions of the Security Council towards Iraq,
and the research assumed that there is no uniform and consistent
approach by the Security Council towards political changes in
Iraq. In other words, the consideration and analysis of the nature
of these resolutions may shed light on the nature and positions of
the Security Council towards Iraq's internal and international
issues. It is important to realize that studying these resolutions
and mechanisms by which they were issued in accordance with
the council's working rules may lead to positive and useful
conclusions, which we may not find when the council itself is
studied, because its members are diverse and different on many
issues. And this difference reflected negatively or positively on
the nature of the work and direction of the Security Council.

This research aims to clarify the principle of respecting the territorial sovereignty of the state, which is considered one of the most important terms within the framework of public international law because it is one of the most important components of the state and through which the state exercises its authority over its territory internally and externally. Therefore, international law focused on the necessity of respecting the territorial sovereignty of the state and not violating it through stipulating it in international agreements and charters, the most important of which is the United Nations Charter of 1945, which emphasized the necessity of respecting the sovereignty of states by prohibiting the use of force and not allowing interference in their internal affairs in order to preserve the sovereignty of states and thus maintain international peace and security, but despite all this, we find violations by some countries, and because of the recent developments taking place and the attack on Iraq’s sovereignty, it was necessary to shed light on this issue, especially the recent attacks carried out by Turkey and Iran, in which they violated the sovereignty of the Iraqi state, including This violation violates the rules of international law and any violation of the latter entails international responsibility.

The research aims to show what the final dropping of the lawsuit
is, and the legal consequences of the dropping. The researcher
used the descriptive and analytical approach, and the research
showed that the Jordanian legislator has introduced by virtue of
the recent amendment to the clause contained in the second
paragraph of Article No. 125 of the amended law of the Jordanian
Civil Procedure Code No. 6 of the year an amended law of the
Civil Procedure Code No. 6 of the year published on page 1866 of
the official gazette No. 5922 dated 2024/4/16, which states that
the lawsuit is considered invalid if dropped for more than two
years on two years. Which is what he meant by the final dismissal
of the lawsuit, which is to get rid of the antagonism and treat it as
if it were not.

One of the most important social phenomena that international
communities are interested in is sport, which is considered one of
the parts of the economic cycle. In the past, sport was seen as
abstract physical training aimed at physical and psychological
development, but now it has become a source of livelihood
because it is a profession practiced by man. The International
Sports Transfer Contract is a positive association of the sports
institution, and the acceptance of the player in a legitimate way
proves its effect in its place, that is, there are two parties to this
contract. Namely one party issuing a positive, and another party
issuing acceptance and this contract has objective and formal
conditions and specific elements like other contracts. Thus, the
international sports transition contract must be surrounded by
legal provisions that correspond to the financial nature of the
professional sports scene. In addition, the International Sports
Transfer Contract is one of the international contracts, to which
the law applicable to contractual relations with a foreign element
and the attribution rules stipulated by the Iraqi Civil Code No. 40
of 1951 and the Iraqi sports professionalism law for the year 2017
apply.

Guarantees for the execution of judicial judgments are
represented in cases where administrative authorities refuse to
execute the judgments of administrative courts, explicit or
incomplete refusal of the judgment, fraud or non-accurate
execution of the judgment, and obstructing the execution of the
judgment by individual administrative decisions or legislation
issued. The main problem is that the guarantees for the execution
of judicial decisions issued by the Egyptian administrative courts
are insufficient, as the existing traditional guarantees are still
insufficient; in addition, the extent of commitment of the
administrative authorities to implement the decisions is
insufficient. The main purpose of the study is to demonstrate the
guarantees for the implementation of administrative sentences, by
showing the extent of its impact on the failure to achieve the
purpose required for issuing a judicial sentence, as well as the
need to urge the Egyptian legislator to adopt the modern
guarantees of issuing judicial orders to the executive authority
and the threat of fines used in French law. The study was divided
into two sections, in the first section we discussed the cases in
which the administration refrains from implementing the
judgments of the administrative courts, by clarifying the cases in
which the administration refrains from implementing the
judgments of the administrative courts in the first request, then
the extent of the administrative judge's authority to issue orders to
the public administration as a second request, and in the second
section we discussed the means of forcing the administration to
implement the implementation of the administrative court
judgments as a guarantee for the litigant in both France and Egypt
in two requests.
This study found that the threatening fine is a legitimate means of
coercion or coercion against the debtor in order to fulfill his
obligation, as well as that the French legislator has violated the
Egyptian legal system on the non-criminalization of refraining
from executing judicial sentences.

Cybercrime is rapidly evolving as technology advances and
reaches new dimensions in a way that blurs the lines between
what is real and what is simulated. Deepfake technology has
become part of cybercrime. Deepfake technology has similar
features to CGI technology (Computer Generated Image) in the
film industry, making it possible to create videos - images and
audio using artificial intelligence arms in a way that is so realistic
and difficult for humans to recognize it as fake. This poses serious
risks, with potential consequences ranging from unfair electoral
practices to the use of forged evidence in court. This technology
first emerged in 2017 on a social media platform called Reddit.
Although this technology has many legitimate uses, its
illegitimate uses are more prominent, resulting in the
infringement of legally protected interests. Therefore, the
emergence of this technology calls for serious thinking about the
serious violations of legally protected interests. Therefore, the
criminal legislature must re-adapt the legal rules with a realistic-
material meaning, in order to deal with an intangible virtual
reality and attempt to criminalize the behaviors resulting from this
technology. In addition, the legislature must pay attention to the
policies of prevention and protection from crimes arising from
deepfake.

The importance of the rules governing Social Security for the
children of the community and the organization expands in the
Social Security Law, which is formulated according to intellectual
variables social policy. By the nature of this international law,
which is generally proven in most countries of the world,
including Iraq, and according to the general variables that have
raced to influence the Iraqi society, it is necessary to recognize
the positive points in the pension and Social Security Law. Which
abolished the law and the stability of the calculation rules for all
financial rights, and otherwise includes all the requirements of
security and not limited to the concept of (social insurance) by
regulating the established legal rules cultural rights (such as
cultural workers ' clubs) and Housing Rights (by regulating the
right of a worker in housing projects in established cities
exclusively for workers) In its time, Iraq counted the most
developed law, but the breakthrough in the field of achieving
(social security) for the category of workers in the seventies of the
last century among the countries of the region, and (with the
issuance of the Constitution of 2005, the law no longer
corresponds to the basic norm in society) also, Iraq's accession to
the agreements requires fulfilling its obligations to the
international community and the International Labor Organization
ILO, not to mention the changes in the Iraqi labor market
influenced by all the influencing factors and its close connection
with the labor law, which was changed by the issuance of a law
(37) for the year 2015, which means the passage of three labor
laws over the law on retirement security in force and the
transformation of each of them into a different specific economic
thought About the other. The Retirement and Social Security Law
No. 18 of 2023 has added new branches that were not addressed
or addressed in previous security legislation, but in line with all
the global social and economic changes and recent trends that are
prominent in most societies, it is necessary to find legislative
treatment for two important branches, namely the guarantee of
workers if they are unemployed, and the so-called Optional
membership of the guarantee.

The jurisdiction over disputes involving federal entities and
ministries in the United Arab Emirates has evolved through
several legislative stages. Initially, according to the procedural
legislation, jurisdiction over such disputes was assigned to the
comprehensive circuit of the primary court, regardless of the
subject matter's value. Subsequently, an amendment allocated
jurisdiction to the comprehensive circuit of the Federal Primary
Court in the Emirate of Abu Dhabi, with the potential for the
same court in other emirates to handle disputes involving federal
entities and ministries. Following the repeal of previous
legislation and the enactment of the new procedural law, No. 42
of 2022, exclusive subject matter jurisdiction for disputes
involving federal entities and ministries was conferred upon the
Federal Primary Court in the Emirate of Abu Dhabi, designating
it as the sole competent court for these disputes. This legislative
evolution, has led us to address this topic in two sections: The
first section examines jurisdiction over disputes involving
ministries and federal entities prior to the issuance of Federal
Decree-Law No. 42 of 2022. The second section explores
jurisdiction over these disputes under Federal Decree-Law No. 42
of 2022. At the conclusion of the study, we will propose a set of
recommendations as legislative solutions to the UAE procedural
legislator, based on our analysis of the legislative texts reviewed.

The idea of the research is based on finding solutions and
proposals for the procedures for exempting the private sector
companies from the late fines as an exception to the instructions
for implementing government contracts No. (1) for the year 2008
and (2) for the year 2014 and the general conditions for civil
engineering contracting in its first and second sections prepared
by the relevant departments in the Ministry of Planning and the
issued decision From the Council of Ministers No. (7) of 2016 ..
to be a guide to be used by public sector institutions such as
ministries and all entities not associated with the Ministry and the
governorates that are not organized in a region (especially with
regard to government contract formations and the investment
plan) when the private sector companies are delayed or broken in
carrying out the tasks assigned to it according to the agreed time
schedule in the contract and to avoid personal jurisprudence. The
fine for delay in contracts is characterized by the fact that it is 4
subject to a special legal system, compared to other financial
penalties in the field of contracts, compensation and fines, which
reveals through scientific practice the legal problems of this
financial penalty, especially with the growing contractual method
resorted to by the various administrations of the state in order to
perform their tasks, which should be in the public interest, with
the need to achieve at the same time, not to waste the rights of the
contractor with the administration, and to ward off the abuse of
the administration in its exercise of the privileges of public
authority, which It is embodied - indeed - in the mechanisms of
execution of contracts, especially when imposing this sanction,
which is not accompanied by the need to prove the damage on the
part of the contracting administrative authority to sign it, its full
discretion in this regard, and the position of the judiciary towards
the exercise of this power, within the framework of a system that
mainly takes into account the principles established by the French
Council of State in this regard, which constitute the historical
source of law, In addition, a comparative study is the best way to
understand legal ideas and highlight legal principles at the stage
of contract implementation.

Rules of origin are considered one of the main pillars of great
importance in customs work and their importance increases with
the increase in economic agreements concluded by the state with
the rest of the countries or with customs unions. With a view to
facilitating and simplifying customs procedures and achieving
efficiency in trade at the international level, and with a view to
reducing disputes arising in the context of trade between States
due to the origin of goods, vigorous efforts are being made at the
international level to establish trade rules and bases in accordance
with certain agreed standards, with a view to increasing
consistency and simplification in the field of trade procedures and
the exchange of goods, creating appropriate and common
standards and trying to determine the effects that the application
of rules of origin could have on the volume of trade between
States. Where the rules of origin applied vary according to the
agreements concluded between countries, and this is a problem
that cannot be ignored, as exporters must be aware of all these
rules in order to benefit from preferential advantages within the
framework of the agreements concluded for the purpose of
achieving mutual benefits in a balanced and reasonable manner.
The subject of rules of origin and its subordinate concepts is a
priority at the level of international institutions, especially the
World Trade Organization and the World Customs Organization,
for the purpose of finding consensual ways for the rules related to
determining the country of origin at the international level,
harmonizing them and making them flexible, easy and
comprehensive in their use. Their application should not create
additional administrative restrictions on the contracting parties,
which has made the rules of origin an inevitable part of the
current international trading system due to their importance in
formulating the trade policy of countries and their important place
in framing international trade.
In this context, the Greater Arab Free Trade Area was embodied
as an Arab trade agreement to confront the developments and
international competition imposed by the new world order and to
preserve and promote Arab economic interests in order to suit the
multilateral international trade economic system and to achieve
regional economic integration requires the coordination of
frameworks for preferential treatment among Arab countries and
the reduction of disputes arising within the framework of intrainternational trade due to the identity of the commodity and
national origin.