Imam Malik College for Shari’a and Law
The Study Plan
Master in Private Law
Objectives, Outcomes and Content of the Academic Program
2016
Vision:
To be one of the prominent colleges in studying and teaching shari’a and law in a contemporary vision pursuant to today’s demands and labor market needs.
Elements of the vision:
Introducing courses on current jurisprudence issues
Studying the contemporary economic movement in an Islamic and legal perspective
Comparing between contemporary legal studies, the Islamic law, and the UAE law.
Introducing future academic programs concerned with studying Islamic banks and finance.
Offering specialized graduate studies (Master) programs.
Mission:
Preparing graduates to be leaders in the society and equipping them with skills of creative thinking and specialized scientific research in the fields of Sharia and law in an authentic, flexible, contemporary and innovative manner.
College goals:
Offer opportunities for continuous academic study in the fields of Sharia and law for male and female students alike, and contribute in providing regional needs for human cadres in Islamic Sharia and legal sciences, in line with the requirements of the labor market.
Provide the means and capabilities that turn out graduates equipped to work in the areas of Islamic and Civil jurisdiction, Ifta’, barristering, Islamic and legal consultation, jurisprudential and positivist research, preaching, and Islamic economy and business in line with the day’s demands.
Equip advocates including imams, preachers and educators to be righteous role models who contribute to growth of a moderate generation that understands Islam holistically away from extremism and exaggeration, following the approach of wisdom and dialogue to spread Islamic culture.
Prepare female Muslim advocates educated spiritually and intellectually, and give them their chance of acquiring knowledge to play their natural role in community development and educating the younger generation inside and outside the family institution, following
an approach that balances understanding the spirit of Sharia and the law, and realizing the day’s requirements, prospects and challenges.
Provide the opportunity to acquire Islamic sciences in accordance with the approach of our righteous predecessors, which is based on respecting the legislative principles of the four schools, especially the school of Imam Malik bin Anas, away from currents of deviation or ideological extremism.
Provide the opportunity to acquire legal sciences compared with Shariah, and identify their ethical pillars.
Continuous commitment to performance quality and sustainable improvement of education services, systems and structures, in order to turn out competitive graduates in the local and regional labor market.
Encourage scientific research and specialized scientific research, and strive to make the college an advanced center for research in the country. This is reflected in supporting writings and translations related to the accredited specialization, holding conferences, seminars and workshops inside the college, and participating in these activities outside the college.
Develop academic and scientific partnerships through openness to academic and scientific institutions inside and outside the country, communicate with them in order to exchange experience and researches, and cooperate to achieve sustainable academic and scientific development.
Communicate with the society implementing the principle of moderation by promoting a culture of commitment, and contributing to meet the needs of the local community in terms of public awareness.
Give consultations, studies and services related to Sharia and law to government departments and the private sector.
Provide a mechanism for facilitation and accreditation of scholarships.
Goals of the Graduate Studies Department:
The Department of Graduate Studies at Imam Malik College for Sharia and Law aims to:
Graduate cadres concerned with studies of Sharia and law to contribute to comprehensive and sustainable development in the country, and the Arab and Islamic worlds
Expand Sharia and legal research, approve in-depth scientific researches, follow up their implementation, and publish them to provide new and innovative scientific additions
Cope with rapid developments in terms of legislative applications of Sharia and Law
Offer Sharia and legal consultations to public and private institutions to develop the knowledge society
Provide opportunities for distinctive students holding a bachelor’s degree to pursue their higher studies, especially for the graduates of the college
Promote the college’s role as a prominent center for Sharia and law studies, and for human development in the context of these studies
The intersection of the goals of Graduate Studies Department with the overall goals of the college:
Department goals College Goals | 1 | 2 | 3 | 4 | 5 | 6 |
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Objectives and outcomes of the Master in Private Law program
Goals | Outcomes | Means of evaluation | Five fields of learning outcomes in the National Qualifications Framework | The ninth level qualifications |
1-To enable the student to discuss issues related to private law | 1-To present emergent issues in civil law for in-depth discussion in accordance with the rules of civil transaction law and its contemporary applications | 1،3،4،5،6،7،8،9 | 4-Skills | Advanced skills in research, analysis and evaluation |
5-Knowledge | Comprehensive knowledge, a high degree of specialization, and understanding of new developments | |||
2-To criticize contemporary forms of business to examine its conformity with the provisions of the Business Law | 1،3،4،5،6،7،8،9 | 4-Skills | develop new procedures and integrate gained knowledge using cognitive and creative skills | |
5-Knowledge | criticism of cognitive issues as a basis for thinking | |||
3-To analyze the technical characteristics of the rules of private international law related to the conflict of local and international laws and the divergence of nationality provisions. | 1،3،4،5،6،7،8،9 | 4-Skills | Advanced problem solving skills to analyze complex issues and find solutions | |
5-Knowledge | criticism of cognitive issues as a basis for thinking | |||
2-To improve the student’s competency to compare between various legislations | 4-To compare critically between different rulings of private law and their applications | 1،3،4،5،6،7،8،9 | 4-Skills | Advanced problem solving skills to analyze complex issues and find solutions |
including the Islamic legislation | 5-Knowledge | criticism of cognitive issues as a basis for thinking | ||
5- To compare rulings of public law with the corresponding rulings of Islamic legislation | 1،3،4،5،6،7،8،9 | 4-Skills | Advanced problem solving skills to analyze complex issues and find solutions | |
5-Knowledge | criticism of cognitive issues as a basis for thinking | |||
3-To train the student practically on procedures of various methods of dispute settlement | 6- To describe alternative methods of dispute settlement, especially arbitration. | 1,3,8,9 | 4-Skills | Advanced skills in research, analysis and evaluation |
5-Knowledge | Comprehensive knowledge, a high degree of specialization, and understanding of new developments | |||
7-To express his\her opinion on the efficiency of procedural rules in the courts and their impact on the speed of dispute settlement | 1,3,8,9 | 3- Responsibility | Ability to judge high levels of operations | |
1-Self- development | The ability to learn continuously | |||
4-To make the student contribute in enrichment of specialized legal research regarding emerged issues | 8-To conduct a research on an emerged issue related to private law | 4,10 | 3- Responsibility | Ability to judge high levels of operations |
1-Self development | The ability to learn continuously | |||
9-To write a distinctive thesis on a topic of private law in depth | 4,10 | 4-Skills | Planning skills to develop and implement a major project applying appropriate research methodologies, and draw sound conclusions |
10- To participate with his colleagues in a performance concerning one of the private law issues, its procedures, and its contemporary applications. | 3،4،9،10 | 1-Self- development | The ability to learn continuously | |
2-Interaction | The ability to take responsibility, develop oneself, and participate in work teams |
Means and Tools of Evaluation | ||||
1-Exams | 2.The integrative course | 4.In-class evaluation | 5. students’ researches | 6.Surveys of students |
2-8.Surveys of graduates | 9. labor market surveys | 10. Students’ profiles | 12. Groups meetings | 13.practical performance assessment |
A matrix shows the coverage of the study plan courses for the outcomes of the program
Outcome Numbers | ||||||||||
Course Title | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
Research Methodologies of Private Law | * | * | * | |||||||
Advanced Studies in Civil Transaction Law | * | * | * | * | * | |||||
Advanced Studies in Commercial Transaction Law (E) | * | * | * | * | * | |||||
Advanced Studies in Civil Procedures | * | * | * | * | * | |||||
Arbitration and Alternative Dispute Resolution (E) | * | * | * | * | ||||||
Advanced Studies in International Private Law | * | * | * | |||||||
Advanced Studies in Contract Theory | * | * | * | * | ||||||
Advanced Studies in International Trade Law | * | * | * | * | ||||||
Advanced Studies in Comparative Legislations | * | * | ||||||||
Advanced Study in Conflict of laws in International Trade and Investment Contracts | * | * | ||||||||
Thesis | * |
Outline, Courses and Study Plan of the Master Program Graduation Requirements
First: The requirements of the Master Program (Thesis track) and the credit hours
Compulsory | Elective | Total | |
Courses | 18 | 6 | 24 |
Thesis defense | 9 | - | 9 |
Total of C.H | 27 | 6 | 33 |
Codes used to number the courses:
Codes used to number the courses: The first number on the left side indicates the Master's level (5). The second number indicates the program (1) for jurisprudence and fundamentals, (3) for private law, (4) for public law. The third number indicates the level. The fourth number indicates the semester. The fifth and sixth numbers indicates the field of the course. The seventh number indicates the course sequence in one semester.
Codes used for credit hours: The code (1:1-1) means the credit hours of the course are (1); each theoretical hour is followed by a practical hour. The code (2: 2-1) means that the credit hours of the course are (2); each two theoretical hours are followed by a practical hour. The code (3:2-2) means that the credit hours of the course are (3); each two theoretical hours are followed by two practical hours
A pre-requisite means the student cannot be enrolled in a required course listed in the same box unless s\he passes the pre-requisite course related to it.
3-1Master in Private Law
A- Core Requirements
Course No. | Course Title | Prerequisite | Credit hours | Course time | |
Level | Semester | ||||
5311131 | Research Methodologies of Private Law | - | 3:2-2 | First | First |
5311162 | Advanced Study in Civil Transactions Law | - | 3 | First | First |
5311173 | Advanced study in Commercial Transactions Law (E) | - | 3 | First | First |
5312181 | Advanced Study in Civil Procedures Law | - | 3 | First | Second |
5312174 | Arbitration and Alternative Methods of Dispute Resolution (E) | - | 3 | First | Second |
5312183 | Advanced Study in Private International Law | - | 3 | First | Second |
Total credit hours | 18 |
B- Elective Requirements (the student shall choose 6 credit hours out of 12 hours)
Course No. | Course Title | Prerequisite | Credit hours | Course time | |
Level | Semester | ||||
5311161 | Advanced Study in the Contract Theory | - | 3 | First | First |
5311175 | Advanced Study in International Trade Law | - | 3 | First | First |
5311192 | Advanced Study in Comparative Legal Systems | - | 3 | First | Second |
5312185 | Advanced Study in Conflict of laws in International Trade and Investment Contracts | - | 3 | First | Second |
Total credit hours | 6 |
C - 5321139 Thesis defense 9 credit hours
3 - 2 Supplementary Courses for Students of the Jurisprudence and its Fundamentals Program who do not have an adequate BA
Course No. | Course Title | Prerequisite | Credit hours | Course time | |
Level | Semester | ||||
3110107 | Introduction to Law | - | 3:2-2 | First | First |
3120707 | Constitutional Law and Political Systems | - | 3 | First | First |
3120508 | Public International law and International organizations | 3110107 | 3 | First | Second |
3210209 | Civil Transactions Law Voluntary and Involuntary Sources | 3110107 | 3 | Second | First |
3220608 | Administrative Law | 3110107 | 3 | Second | First |
3310804 | Public Criminal Law | 3110107 | 3 | Third | First |
3310504 | Private International Law Nationality and Conflict | 3210209 | 3 | Third | First |
3310206 | Civil Transactions Law Provisions of commitment and evidence | 3220209 | 3 | Third | second |
3310407 | Commercial Transactions Law Merchant and business theory | 3210209 | 3 | Third | second |
3320307 | Civil Procedures Law | 3210209 | 3 | Third | second |
3410801 | Private Criminal Law | 3320804 | 3:2-2 | Third | second |
3310205 | Labor law and Social legislation | 3210209 | 3 | Third | second |
3410406 | Commercial Transactions Law Corporations and bankruptcy | 3310407 | 3 | Fourth | First |
3420303 | Criminal Procedures Law | 3410801 | 3:2-2 | Fourth | First |
3411002 | Legal Readings in English | 3321006 | 3 | Fourth | Second |
3420204 | Civil Transactions Law Rights in rem | 3320205 | 3 | Fourth | Second |
3420408 | Maritime and Air Law | 3310407 | 3 | Fourth | First |
3420405 | Commercial Transactions Law Banking | 3410406 | 3 | Fourth | Second |
Total credit hours | 54 |
Means and Tools of Evaluation | ||
1-Exams | 2-Inclass Assessment | 3-Scientific Researches |
4-The student’s profile | 5-Groups’ meeting | 6-Practical Performance |
3-5 Objectives and Outcomes of the courses Master in Private Law
Course | Objectives | Learning Outcomes | Means of evaluation |
Research | 1-To introduce the rules | 1-To define the basic concepts of | 1.2 |
Methodologies | and principles of a legal | legal research methodologies and | |
in Private Law | research | their purposes, and the difference | |
between the legal research and other | |||
scientific research | |||
2-To clarify the steps for conducting | 1.2 | ||
a legal research | |||
3-To apply the scientific principles | 6 | ||
of legal research methodology | |||
2- To provide the | 4-To get information from reliable | 1.2 | |
student with skills of | websites on the Internet | ||
analysis, authentication and criticism, that a graduate of legal programs must possess | |||
5-To carry out an analytical, critical research in accordance with rules of legal research | 3.5 | ||
6-To carry out a legal research on a | 1.3.6 | ||
specialized topic related to public | |||
law | |||
Advanced | 1-Improve the student’s | 1-To define the main principles of | 1.2.5 |
Studies in | competency to compare | civil law, especially those related to | |
Civil | between Civil Law and | compensation for damage in civil | |
Procedures | other branches of | liability | |
Law | Private Law | ||
2-To clarify rules of Emeriti Law of | 1.2.2 | ||
Civil Procedures especially those | |||
related to compensation for damage | |||
in civil liability | |||
3-To apply principles of Civil Law, | 2.6 | ||
especially those related to | |||
compensation for damage in civil | |||
liability, on various incidents |
2-To discuss issues related to civil law and civil liability in depth | 4-To analyze rulings of civil jurisdiction, especially those related to compensation for damage in civil liability | 1.2.3.4 | |
5-To conduct researches, studies, reports and legal notes in the field of civil law to solve legal issues | 3.4.6 | ||
6-To evaluate legal texts of civil procedures especially those related to civil liability in light of the emergent issues | 2.3.4.5.6 | ||
Advanced Studies in commercial Transactions Law (E) | 1-To Introduce the commercial companies listed in the financial market and explain their provisions | 1-To identify the systems of commercial companies listed in the financial market and their provisions | 1.2.5 |
2- To analyze the obligations of the companies listed in the market and the obligations of all the stakeholders | 1.2.4.5 | ||
2-To provide the student with analytical and critical skills through studying one of the course topics in details | 3-To know the various transactions of the financial market including trading, clearing, and transferring ownership of shares and bonds | 1.2.5 | |
4- To explain the disputes in the stock exchange and the mechanism for resolving them | 1.2.5 | ||
5-To conduct a research on one of the course topics | 3.6 | ||
Advanced Studies in Civil Procedures Law | 1-To clarify the procedures of applying rulings of private law before courts | 1-To define the principles of civil trials and alternative methods of resolving disputes | 1.2.5 |
2- To compare various procedural laws with the UAE law | 1.2.3.4 | ||
3-To define the guarantees of defense and nullity of judgments in accordance with the principles of the High Courts | 1.2.5 | ||
2-To equip the student with skills of oral and | 4-To write a brief for a case in accordance with the scientific principles | 3.4.6 |
written advocacy and legal consultations | 5-To discuss with his\her colleagues issues related to private law, its procedures, and contemporary applications | 2.5.6 | |
Advanced Studies in Private International Law | 1-To discuss deeply issues related to private international law | 1-To explain provisions of private international law concerned with conflict of laws, international jurisdiction and nationality | 1.2.5 |
2-To analyze conflict of laws and its provisions especially those related to contemporary issues | 1.2.3.4 | ||
2-To improve the student’s competency to solve cases of a foreign element and investigate them in a systematic scientific manner | 3-To conduct a critical research on one of the private international law issues | 3.6 | |
4- To discuss with his\her colleagues subjects of private international law | 2.5.6 | ||
Advanced Studies in the Contract Theory | 1-To enable the student to discuss deeply the contract theories | 1- To discuss issues of contract formation, effects, expiration, binding force, and the penalty resulting from a breach by one of the parties | 1.2.3.5 |
2- To analyze the legal rules and deduce the provisions that s\he would apply to cases related to contracts | 1.2.3.5 | ||
2- To provide the student with the skills of contract drafting, adaptation and implementation, and enable him\her to compare between the legal rules that regulate them and the rules of Islamic law | 3-To identify types of contracts and their categories | 1.2.5 | |
4- To draft correct legal contracts in terms of form and content | |||
5- To compare critically between legal rules of contracts and Islamic law | 1.2.3.4 | ||
6-To conduct a research on one of the emerging issues of the various contracts | 3.4.6 |
Advanced Studies in Comparative Legal Systems | 1-To improve the student’s competency to compare between various laws | 1-To explain the importance of studying comparative law, and its relation to other legal sciences | 1.2.5 |
2-To identify the legal systems adopted by various countries and understand their applications | 1.2.5 | ||
3-To deduce similarities and differences between the contemporary legal systems | 1.2.3.5 | ||
2-To make briefs and comparative legal research distinctively | 4- To apply the principles of comparative legal studies | 2.3.4.6 | |
5-To conduct with his\her colleagues comparative legal researches | 3.4.6 | ||
Arbitration and Alternative Methods of Dispute Resolution | 1-To explain the practical procedures of resolving various disputes | 1-To identify the principles of resolving disputes through arbitration and alternative methods compared to the law | 1.2.3.5 |
2-To clarify the rules of international commercial arbitration, its methods and institutions | 1.2.5 | ||
2-To discuss methods of dispute resolution in depth | 3- To analyze methods of arbitration, reconciliation, and negotiation in resolving disputes | 2.3.4.6 | |
4-To write a research paper explaining an international arbitration judgment, or issues resolved by other alternative methods | 3.4.6 | ||
Advanced Studies in International Trade Law | 1-To Introduce principles of international trade and investment | 1-To understand the international regulations and conditions of trade | 1.2.5 |
2- To explain the investor, investment agreement, the obligations of the host country, and the country’s responsibility to protect the investment | 1.2.5 | ||
2- To improve the student’s competency to | 3-To analyze the international rules related to investment disputes | 1.2.3.4 |
analyze the international rules regarding investment | 4-To write a research paper explaining or commenting on an international provision concerned with investment | 3.6 | |
Advanced Studies in Laws Conflict in International Investments and Trade Contracts | 1-To introduce issues of international trade and foreign investment, in addition to their related disputes | 1-To explain how to solve disputes related to international trade and investment | 1.2.5 |
2-To analyze disputes of investment and international trade contracts in relation to contemporary developments | 1.2.3 | ||
2-To equip the student with skills of resolving disputes related to international trade | 3-To apply rules of disputes and objective laws to all issues of international trade and investment | 2.3.4.6 | |
4- To participate with his\her colleagues in conducting researches and legal consultations on disputes related to international trade and investment | 2.3.4.6 |
3-6 Objectives and Outcomes of the supplementary courses
Introduction to Law |
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Civil Transactions Law Voluntary and Involuntary sources of obligation |
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Civil Transactions Law Provisions of commitment and evidence |
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context of the provisions of commitment and evidence |
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Civil Transactions Law Right in rem |
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4-To analyze the legal texts that regulate the In- rem rights including property and legal or personal insurance | ||
5-To conduct a research paper on original In-rem rights, legal and personal insurances | ||
Commercial Transactions Law Business and merchant theory |
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5-To conduct a research on a commercial problem | ||
Commercial transaction law Companies and bankruptcy |
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5-To distinguish between commercial and civil companies |
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Commercial transaction law Banking |
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Law of Civil Procedures |
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Private International law |
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Constitutional law and political systems |
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Administrative Law |
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Public International law and International organizations |
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Public Criminal Law |
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Private Criminal Law | 1-To introduce rulings of crimes committed against money and against people, and their effects |
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Penal Procedure Law |
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Maritime and Air Law |
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Labor law and social legislation |
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4-To develop the student’s practical skills in the context of the course topics | 5-To conduct a research or a brief on one of the course topics, taking into account the principles of scientific research | |
Legal readings in English |
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11-To recognize international dispute settlement mechanisms, including courts and tribunals, arbitration and negotiation. | ||
12-To demonstrate professional English communication skills by conducting oral presentations, leading group discussions, reading case law, and submitting well-structured essays with citation. |
4-7 Content of the Courses First: Requirements of the private law program
Course No. | Course Title | C.H | Prerequisite |
5311131 | Research Methodologies of Private Law | 3:2-2 | - |
This course examines principles, methodologies, objectives, techniques, practicalities, strategies of legal research. It clarifies norms of legal research regarding form, topic, concluding results and presenting recommendations. This course also helps the student to use references and the most important legal websites to get information. | |||
5311162 | Advanced Studies in Civil Transactions Law | 3 | - |
The general curriculum covers some important subjects including definition of private law, its differences form public law, definition and sources of civil law, the biding force of the contract, contract liability, tort liability, provisions for compulsory implementation of the obligation (in rem or compensation) The specific curriculum presents and advanced study of one subject or more of civil law chosen by the course instructor such as compensation for variable damage, compensation for moral damage, liability of the superordinate for the actions of his subordinates, common property, liability insurance, and compulsory insurance on vehicles | |||
5311173 | Advanced Studies in Commercial Transactions 30% in English | 3 | - |
The general curriculum deals with the commercial companies listed in the financial market. The specific curriculum includes an advanced study of one (or more) of the following topics: the system of the stock market, the powers of the stock exchange, obligations carried on companies and bodies listed in the market. It also covers bonds, stocks, securities, their transactions, provisions for their circulation, assignment, suspension and transfer of ownership, the clearing system, the restrictions and authorities of the stock exchange, their obligations and rights, in addition to the arbitration system of the stock market disputes. | |||
5312181 | Advanced studies in Civil Procedures Law | 3 | - |
The general curriculum deals with the definition of the civil procedure law, judicial organization, rules of jurisdiction, suit theory, rulings and orders, methods of appeal against them, rules of compulsory execution, its procedures and disputes, and procedural rules of evidence examination. The specific curriculum includes an advanced study of a topic (or More) from the public section, such as: the role of the Public Prosecution in civil cases, the urgent judiciary, the theory of payment, the role of the Supreme Court in supervising the work of the judiciary and establishing judicial principles, nullity in the Civil Procedure Law, the role of the judge in creating the legal rule, the appeal against civil matters, the executive judge and his authorities, execution disputes, intervention in the case |
5312183 | Advanced Studies in Private International Law | 3 | - | |
This course covers the following concepts The general Curriculum of this course deals with the general theory of conflict of laws and its solutions, the UAE attribution rules, the rules of jurisdiction, Emirati nationality and the implementation of foreign judgments. The special Curriculum examines one of the previous topics in depth, or any of the following topics: objective rules, conflict of laws theory in Islamic jurisprudence, rulings of obligations arising from the harmful act in the UAE law and international texts, the applicable law and jurisdiction of the online relations, rulings of the international trade contracts, and the law applicable to sports disputes | ||||
5311161 | Advanced Studies in the Contract Theory | 3 | - | |
The general Curriculum of this course introduces the concept of contract theory, its types, descriptions, establishment, and effects, in addition to conditions associated with it, and provisions for its termination. The special Curriculum includes an advanced theoretical study on one of the course's topics and contemporary developments and applications regarding one contract, such as sale, donation, agency, guarantee, and mortgage. | ||||
5312174 | Arbitration and alternative means of dispersal Disputes (30% E( | 3 | - | |
This course includes the following concepts: The general Curriculum examines the nature of commercial arbitration, its importance, its role in resolving commercial disputes at the domestic and international levels, arbitration procedures, and the implementation of arbitration provisions in UAE law. The special curriculum studies one (or more) of the arbitration topics in depth including arbitration agreement, applicable law in arbitration, arbitration in intellectual property disputes and nullity of arbitration, implementation of foreign arbitration provisions, arbitration in Islamic financial transactions, arbitration in construction contracts, arbitration in shipping contracts, arbitration in petroleum disputes, arbitration in disputes of stock exchange and securities transactions, arbitration in electronic commerce disputes, in addition to settlement, mediation and reconciliation | ||||
5311175 | Advanced studies in International Trade Law | 3 | - | |
This course includes the following concepts: The general Curriculum of this course aims to explain the sources of international investment law, its limits, the definition of the international investor, the characteristics and principles of bilateral and collective investment protection agreements (TBI / ALENA), and their most important provisions and consequences on the accepting state. The specific curriculum focuses on one (or more) of the following issues: methods of settling investment disputes, international investment disputes in light of international arbitration |
decisions, methods and provisions for appealing against arbitral decisions, cases of necessity, and implementation problems | |||
5312185 | Advanced Studies in conflict of laws in International trade and Foreign Investments | 3 | |
This course contains the following concepts: The general curriculum deals with the general theory of laws conflict regarding the rules of attribution, adaptation, referral, as well as the objective rules. The specific curriculum examines the international trade contracts and the law applicable to international trade contracts according to the rules of conflict, the objective rules and principles of international trade known as (lex mercatoria). It also includes foreign investments and their disputes, the Washington Agreement for the Settlement of Investment Disputes, as well as the Vienna Convention for the International Sale of Goods. | |||
5311192 | Advanced Studies in Comparative Legal Systems | 3 | |
This course is designed to address the following: The general curriculum includes the importance of the comparative study - the various legal schools - the impact of the comparative study on national legislation - the study of Arab legal systems in terms of their legal family and the effects of Islamic jurisprudence and foreign laws- the existence of unified Arab laws at the regional level especially the Gulf Cooperation Council countries or, at the level of the Arab League countries The Special Curriculum deals with a comparative study (or more) of the contemporary legal systems, such as defects of the will, the theory of responsibility for harmful action, the theory of enrichment without reason, and other theories. |
Second: Supplementary Requirements
3110107 | Introduction to law | 3 | - |
This course includes two main parts:
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3120707 | Constitutional Law and Political Systems | 3 | - |
This course introduces the general theory of constitutional law, clarifying its sources and its relation to other branches of law science. Then, it discusses the types of written and customary constitutions and their appearance, focusing on the role of constitutional norms in the UAE |
constitution issued in 1971. It also covers the principle of the supremacy of the constitution, rigid and flexible constitutions, constitutional guarantees, and supervising the constitutionality of laws. This course also discusses the concept of political systems and the development of political thought, the idea of the state, its emergence, and development throughout history, its basic and secondary pillars, characteristics, the legal state, the functions of the state, types of states, the definition of the government and its forms, the means of authorities attribution, the representative authorities, the concentration and separation of powers, the presidential system, the parliamentary system, the quasi-parliamentary system, the political system of the United Arab Emirates, the regulation of individual rights under the contemporary political systems and the UAE system | |||
3120508 | Public International Law and International Organizations | 3 | 3110107 |
This course introduces the concept, branches, rules, sources and people of public international law, and the relation between international law and national law. Then, it defines international law in peace, including international treaties, and the characteristics of international legal personality, the emergence of the state and its elements, rights and duties, provisions that regulate the country's land, sea and air territory, the theory of international accountability, methods of International conflict resolution, and the status of the individual in the international law. Moreover, the course define international law in war, focusing on the responsibilities of the occupier and war prisoners. The second part deals with the international organization, the historical development of the international organization, its legal personality and its authorities, the implications of recognition, the legal status of workers in the international organization, the work mechanism of the following organizations: The United Nations and its agencies, the Commonwealth Organization, the Francophone Organization, the Organization of the Islamic Conference, regional organizations, focusing on: the European Union, the League of Arab States, the Cooperation Council of the Arab Gulf | |||
3220608 | Administrative Law | 3 | 3110107 |
This course includes the following concepts: Definition of administrative law (its origins, sources, and characteristics), the general foundations of administrative organization, methods of administrative organization, administrative centralization and decentralization, administrative concentration and de- concentration, delegation of administrative authority, administrative organization of the United Arab Emirates, the competencies of the Supreme Council of the Union, the powers of the Council of Ministers, the powers of UAE governments , the law of public employment, the public employee, the activity of the administrative authority, the administrative control, the public facilities, the legal works of the administration, the administrative contract, termination of the contract, the public money and its provisions | |||
3310804 | Public Criminal Law | 3 | 3110107 |
This course introduces the general penal law, its regulations and application in terms of time and place, then proceeds to explain the two sections of this law: The first section deals with the general theory of crime. It defines the crime and explain its form, elements, pillars and circumstances, divisions of crime in terms of gravity, the material |
element, and the moral element, divisions of crimes in Islamic criminal legislation, the material aspect of the crime, the relation of the cause, the principle of initiation in the crime, its definition and elements, the moral aspect of the crime, the criminal intent (its elements, images and proofs), the error (its images and proofs), the criminal participation, the original contribution, the criminal responsibility of the legal person, the elements of the partner's crime by causing, unintentional crimes, permissibility and its reasons, the legal defense (its conditions, restrictions and methods of proof), barriers of criminal responsibility, insanity and mental disabilities, the effect of mental perception loss, coma arising from a drug or intoxicant, the state of necessity, coercion and its provisions, young age and its provisions The second section deals with the general theory of criminal punishment. It defines penalty and its characteristics, the division of the penalty in terms of its gravity, the procedures for Qsas (retaliation in kind) in the penal legislation of the United Arab Emirates, penalties depriving freedom, financial penalties (their characteristics and conditions), complementary penalties and ancillary penalties, mitigation (causes and types), aggravation (causes and types), suspension of punishment, judicial pardon, general and special recidivism and its cases, multiple penalties, lapse of punishment, special and comprehensive pardons, rehabilitation, precautionary measure, non-punitive measures and their types, criminal measures and their types, cases of social defense, the state of habitual criminality, criminal gravity, measures prescribed for juveniles, delinquents and homeless persons | |||
3410801 | Private Criminal Law | 3 | 3320804 |
This course contains the following concepts: Introduction to the Private Criminal Law, and a study of the two sections of the Private Criminal Law in the established law of the United Arab Emirates. The first section deals with Crimes against money. It includes legislative policy in crimes on funds, the crime of theft, elements of theft, punishment of theft, crimes related to theft, fraud and forgery crimes, the material and the moral elements of fraud, crimes related to fraud, crimes breach of financial trust, elements of financial breach of trust, crimes related to breach of financial trust, crimes of bribery, crimes on public money The second section deals with crimes committed against people. It includes murder, premeditated murder and manslaughter, crimes affecting physical health, assault on honor, offenses against personal freedom, crimes of moral consideration | |||
3420303 | Criminal Procedure Law | 3: 2-2 | 3410801 |
This course examines the law of criminal procedure, its relation to other laws, and its principles. Then, it clarifies the general framework of the criminal case before the criminal courts, starting with the initiation of the case by the Public Prosecution and the restrictions on its powers to initiate the criminal case, in addition to the reasons for the close of the criminal case. In the second section, it explains the investigation of crimes, the collection of evidence and their examination. The third part defines the primary investigation. The fourth part discusses the rules of trials in the criminal court. | |||
3210209 | Law of Civil Transactions Voluntary and in voluntary sources of obligations | 3 | 3110107 |
This course introduces the definition of commitment and its voluntary sources, as follows: |
Furthermore, it covers the involuntary sources of commitment:
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3310504 | Private International Law Nationality and laws conflict | 3 | 3210209 |
This course covers the concept and sources of private international law, and some of its topics in particular the issue of nationality and the status of foreigners. Thus, it clarifies the general principles that govern the issue of nationality, as well as explaining the provisions of the Emirati nationality such as the reasons for obtaining, losing and restoring it, the disputes related to it, and the authorities concerned with nationality issue. This course also explains the concept of the foreigner and the conditions for his entry, residence and exit from the UAE explaining his rights and duties enacted by UAE law The second part of this course clarifies the concept, sources and topics of private international law. It discusses, in particular, the issue of conflict of laws and judicial jurisdiction. Thus, it explains the general principles in Conflict of laws in cases of a foreign element, as well as their resolving mechanism through the rules of attribution in Emirati law. Besides that, it clarifies the cases of the jurisdiction of the Emirati courts in cases that contain a foreign element, and the conditions necessary for the application of foreign | |||
3320307 | Law of Civil Procedures | 3: 2-2 | 3210209 |
This course includes the following concepts: the civil procedure law of the United Arab Emirates, the basic principles of the judiciary, the independence of the judiciary and its relationship with the rest of the authorities in the state, the judicial organization, the judicial jurisdiction, the rules of jurisdiction, the concept of litigation, the case theory, lawsuits through which rights are fulfilled, litigation procedures and methods, the investigation of the case, the exchange of case documents electronically, the value of the electronic evidence, the holding of litigating cases, the litigation lapse, the types of judgments issued in civil disputes, and the different methods of appeal against these judgments This course also deals with the general principles of compulsory enforcement procedures, the execution judge and his assistants, then proceeds to study the following sections: |
The first section is elements of execution. It includes the types of executive bonds, the components of the executive bond, the parties to the execution procedures, the authority that conducts the compulsory execution, and the place of execution. The second section is execution procedures. It includes execution procedures on the movable property of the debtor, precautionary seizure, execution procedures on real estate, seizure of the debtor's property with others, distribution of execution proceeds The third section is execution disputes. It includes general rules, execution disputes, and types of execution disputes. | |||
3310206 | Law of Civil Transactions Provisions of commitment and evidence | 3 | 3220209 |
This course includes two sections: provisions of obligation and provisions of evidence. The first section deals with the effects of commitment in the UAE civil transactions law from the time the obligation establishment until its expiration, by studying the natural commitment and civil commitment, the provisions of the in-kind compulsory implementation and implementation by compensation, the guarantee methods and the legitimate means guaranteed by the UAE civil transactions law to guarantees his right before the debtor, and the description of the obligation, its transfer, and the methods of its termination As for the second section, it gives the students a general idea of the rules of proof, the basic principles and types of evidence (writing, testimony, acknowledgment and oath) | |||
3310407 | Law of Commercial Transactions Merchant and Business Theory | 3 | 3210209 |
This course includes the following: Definition of commercial law, its characteristics and its scope of application, the concept of commercial and civil works, describing the relationship between commercial law and civil law, commercial by its nature and commercial by relation, mixed commercial business, conditions for being a merchant, the professional obligations of the trader, the rules governing the commercial register and the consequent penalty of violating its provisions, commercial funds, commercial and industrial property in terms of how it is organized and protected, the commercial asset and its components, nature and characteristics, the sale of the commercial asset and its conditions and effects, the invalidity of the commercial asset sale, the obligations of the seller and the buyer in the commercial store, the mortgage of the commercial asset and the commercial store, the conditions and effects of the mortgage, commercial shop protection from competition, its conditions and effects, the contribution of the commercial asset, its terms and effects, applications on commercial businesses and the commercial shop, All subjects are studied in accordance with the UAE Federal Law of Commercial Transactions. | |||
3410406 | Law of Commercial Transactions Companies and Bankruptcy | 3 | 3310407 |
This course includes two main sections The first section is companies. It includes the concept of the commercial company, the origin of the idea of the company and its development, the legislative organization of companies in the United Arab Emirates, the legal nature of the commercial company, the types of companies, the formation of the company, its pillars, conditions of establishment and enforcement, the corporate |
personality of the company, the termination of the company, its pillars, the terms of its formation and enforcement, (solidarity company, simple partnership company, joint venture company), expiration of persons' companies, limited liability company The second section is bankruptcy. It includes denouncing bankruptcy and stating its general foundations, conditions for declaring bankruptcy, objective conditions, rulings of bankruptcy, the effects of the bankruptcy declaration on the debtor, creditors and right holders, bankruptcy procedures, persons in charge of bankruptcy management and control, management of bankruptcy assets, closure of bankruptcy, termination of bankruptcy | |||
3420204 | Law of Civil Transactions Rights in rem | 3 | 3320205 |
This course includes two main sections: A- The original in-kind rights: the right of ownership in general (its elements, characteristics, branches, its scope, means of protection, the restrictions), the types of ownership (detached and common), the method of managing common money, demise of the commonality by division, and the reasons for acquiring ownership b- In-kind and personal insurances: in-kind securities such as mortgage, possession mortgage, lien rights, and personal insurance on the other hand | |||
3420405 | Law of Commercial Transactions Banking | 3 | 3410406 |
This course contains the following subjects: the definition of commercial paper and (characteristics and functions), the unified international organization of commercial papers, the bill (its creation, circulation, fulfillment and guarantees), the promissory note, the check)its creation, objective, formal conditions, and circulation, paying its value and its guarantees, opposition to fulfillment, and its most important). This course also aims to study banking including opening bank accounts, renting iron safes, documentary credit, letter of guarantee, bank transfer, and bank loans. | |||
3310205 | Labor Law and Social Legislations | 3 | 3210209 |
This course includes two main parts: The first section deals with the labor law and the provisions of the work contract, and the other section deals with social legislation The first section contains the general principles of labor law in terms of its definition, importance, characteristics, sources and the scope of its application. It also defines the employment contract and its characteristics, distinguishing it from other contracts, its conclusion, evidence, and its effects in terms of the obligations of the worker and the employer, its termination and expiration. As for the second section, it includes studying social legislation in terms of social insurance and its financing (insurance contributions), the insurance facts that necessitates insurance entitlement, and the conditions for their entitlement in cases of old age, disability, need, calamities, and the rights established for them. | |||
3420408 | Maritime and Air Law | 3 | 3310407 |
This course includes the following concepts: The first section deals with Maritime Law. It introduces maritime law, stating its origins, characteristics and effects, elements of marine navigation (ship, people of marine navigation), the rules of maritime exploitation (ship lease contract, maritime transport contract, liability lawsuit in maritime transport, marine sales, maritime transport contract for travelers), marine conventions (maritime collision, maritime aid and rescue, general losses) Section two deals with Air Law. It introduces the definition of air law, its origins, characteristics and effects, the elements of air navigation (aircraft, crew and people of maritime navigation, airports), the scope of application of the provisions of air navigation (freedom of flight and the right of individual ownership on the surface, freedom of flight and state sovereignty over its airspace) , the rules of air exploitation, the scope of application of the Warsaw Convention on Air Transport (the commercial character of air transport, the international character of the private air transport of the Warsaw Convention, the air transport outside the scope of application of the Warsaw Convention, the legal nature of the air transport contract and its people, the formation and evidence of the air transport contract, the implementation of the international air transport contract), the liability of the international air carrier (the legal nature of the liability of the international carrier, the conditions for holding the liability of the international carrier, the legal limitation of the liability, the liability lawsuit, its parties and the court concerned) | |||
3321006 | Legal Readings in English | 3 | 1220202 |
This course introduces students to the basic principles and rules of law. The course will analyze the principal rules governing civil and criminal actions, examines how courts operate, what sources of law are available to them, and looks in detail at typical legal problems which citizens and companies are likely to deal with. This course also covers the basic principles of international law, international organizations, civil transactions law (contracts) and commercial transactions law. It will also focus on the organizational structure of discussing developing and enforcing international norms. Students will be able to use international law as a framework to analyze international issues and disputes, including economic, political, and security issues – with an emphasis on problem solving. |