THE IMPACT OF THE UAE LEGISLATOR’S USE OF TELECOMMUNICATIONS TECHNOLOGY ON JUDICIAL NOTICES

Moustafa Elmetwaly Kandeel

Abstract


After the passing of UAE Federal Law 28 of 2005 concerning personal affairs, the UAE legislator initiated
the use of telecommunications technology for judicial notices, thus making notifications via email or fax legal. The use of the same technology was further emphasized after the amendment of Article 8 of Civil Procedure Law 11 of 1992, by which the competent Claims Management Office was permitted, by virtue of a decree from the Minister of Justice, to declare or notify judicial notices via fax, email, or any equivalent modern means of communication specified in this regard. This field witnessed further breakthroughs with the passing of several laws and decrees, including: Federal Law 10 of 2017, which amended certain provisions in the Civil Procedure Law; Ministers Council’s Decree 57 of 2018, regarding the executive regulation of the Civil Procedure Law; and, Ministerial Decree 260 of 2019, regarding the ‘Procedural Manual for Litigation Regulation’ on using modern electronic means and telecommunication in civil procedures. Consequently, there is no doubt that this new use of telecommunications technology for judicial notices will have a number of legal implications, whether related
to the method, time and data on the notice itself, the duties of the notice’s competent official, the timeframe of
the notice’s legal effect, or the jurisdiction in which the notice was made. The new means of modern communication tools; as stated in the above mentioned decree; has come to be an authentic means rather just an alternative. Its significant role in trial procedures its futuristic nature and the need for speedy reliable judicial procedures.


Full Text:

PDF

Refbacks

  • There are currently no refbacks.