Unified UAE Legislation Database

Federal Supreme Court - Civil Appeals Nos. 1352, 1362 of 2024 On Partial Fault of Victim and Compensation Reduction

Status

In force

Issuing Authority

Federal Supreme Court

Effective date

XX.XX.XXXX

Official Link

https://

Session on Wednesday, February 12, 2025 

Headed by Justice Shihab Abdulrahman Al-Hammadi, "Head of the Department", with the membership of Judges Al-Hassan Bin Al-Arabi Faidi and Juma IbrahimMohammed Al-Otaibi

 

(1-5) Civil Transactions "Obligations and Personal Rights Sources of Obligation Torts: Whether or not the guarantee may be diminished." Court "Trial Court: Must take note of the evidence in the case and respond to the substantive defences raised in the case." Defence "Fundamental defence: The effect of failing to examine it.

 

(1) Reducing the amount of the guarantee or not awarding it is permissible when the injured party has participated by his act in causing the damage or has defended him on the basis of it is Article 290 of the Civil Transactions Law.

 

(2) Taking note of the evidence presented in the dispute and influencing it and responding to the essential defence. The trial court must not fail to address them when the opposing party adheres to them. Deficient.

 

(3) The ruling's failure to examine the fundamental defence is a deficiency that invalidat...