Difference Between Civil Law Statute and Common Law

Running head- BUSINESS LAW
Business Law
Name of the Student
Name of the University
Author Note

Business Law1
Task 1
Introduction
The legislative framework of “The United Arab Emirates” is grounded upon the
structure laid in the “Constitution” of the “United Arab Emirates”. This structure is a duo
structure as it consists of both the civil and the common law courts, along with a Supreme
court that is centered at Abu Dhabi. Discrete to Britain and additional countries where
preceding court rulings are frequently cast-off as lawful precedents, the UAE does not depend
that much on standards, though occasionally, the decisions of upper benches can be
pragmatic by the other subordinate courts (Dhabi, 2016). In cases where the legal guidelines
do not cover detailed issues, the court will give the verdict based on the Sharia Law that is the
Islamic Jurisprudence that is used for the interpretations in UAE laws. The primary aim of
this essay is to understand the similarity and the difference between the civil law statute and
the common law statute followed in UAE (Saleem, 2015).
Evolution
The establishment of the UAE authorized structure enhances the support to the
procedures and guidelines functional by the UAE and its numerous establishments, which
industries come across on an everyday base when operational in the UAE. Accordingly, to
comprehend the similarities will support obstacles to be dazed and for trades to be organized
in a way that will be best for the utilization of the legislations (Falaknaz, 2016). The UAE is a
“civil law” rule provided under the “UAE Constitution”. The Constitution is influenced by
the French and Egyptian law, and have the domain over many other Middle Eastern
authorities. The UAE Constitution arranges for the lawful agenda for the alliance. It generates

Business Law2
a partition in power between the alliance as an entire and each discrete Emirate, that is
observed as follows:
Federal rules and guidelines: These are related to all of the Emirates transversely. The
centralized administration has elite authority over specific regions comprising resistance,
imported dealings, occupation, and business law. Common laws and guidelines can be
conceded by the administration of every distinct Emirate regarding materials not protected by
the civil laws or the Centralized Laws.
The Constitution recognized the federal legislative structure as the Supreme Court at
Abu Dhabi. The “Dubai legal system” has its own “Main Instance Courts which is made up
of different Judicial Circuits: civil court, commercial court, personal status court, labor court,
and real estate court, Court of Appeal, and the Court of Cassation, which acts as the highest
court in the Emirate.” (Raja & Kostyuk, 2015)
Similarity and difference:
The Civil Law domain and the common Law Domain both are having different
aspects. Civil law generally reveals the categorized arrangements of regulation; the
significance is upon the fact that in a scenario when a specific legal standard is observed,
such legislations are codified in a written form reasonably than in a common-law influence.
In common law practice, such legislative guidelines are not built on a solo-codified portion of
the law, but as an alternative, a combination of legislature conceded by an administration and
the jurisdictive understanding of the courts. This final point describes that in “common law
dominions,” the courts have a substantial part in determining the method in which the rule is
understood, however in “civil law dominions”, the bench is there to institute evidence and
relate them to the explicit rule applicable to that dispute.