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The contracts

 The definition of a contract is an agreement between two or more persons, whether an ordinary person or a legal entity, in order to establish mutual legal obligations, as the UAE Civil Transactions Law has indicated that a contract is The Binding of the offer issued by one of the contractors with the acceptance of the other and their consent in a way that proves its effect on the contract, and it follows that each party is committed to what it is owed to the other party.

 Contracts are divided into: contracts are divided into named and unnamed contracts, the named contracts such as the contract of sale, partnership, agency, contracting, work … etc., and they are named because the law singled them out with specific legislative provisions, and contractors are not authorized to deviate from these provisions governing the bonds of their parties.

 If one of these three pillars is not available, the contract will be void because the pillars are the mainstay of the contract

 The contracts are divided into :

 So this prompts us to find out what are the sources of commitment :

1 contract.

2-individual actions and actions.

3-the harmful act.

4-acts that confer benefit.

5-the law.

 Contractual liability: contractual liability arises from breach of obligation, when the parties to the contract or one of them violates the terms stipulated by the contract, and therefore the injured contracting party is entitled to claim compensation for losses incurred due to breach of contract.

 Contractual damages: according to the Civil Transactions Law of the United Arab Emirates, contractual damages are those that result from a breach by one of the contractors of its obligations stipulated in the contract and the loss suffered by the contracting party, as a result of which compensation is due .

 Article 390 of the UAE Civil Transactions Law also provides as follows: the contracting parties may determine the amount of compensation in advance by making a provision for this in the contract or in a subsequent agreement, taking into account the provisions of the law, and therefore the contracting parties to the contract may agree on a certain amount for damages that any contracting party can claim in case of breach of the terms of the contract by any of the parties.

 The task of estimating direct damages : the result of direct damage is to compensate the contracting party for the non-performance of the contract and the loss incurred by him due to the violation foreseen at the time of conclusion of the contract, either of the contracting parties has the right to apply to the judge to change this agreement to make the compensation equal to the damage. Accordingly, the court can exercise this authority only at the request of either party, and any agreement between the parties prohibiting the parties from applying to the court to change the agreement of the parties to make compensation equal to the damage is invalid..

 Regarding the lost earnings: article 292 of the Civil Transactions code reads as follows: “in all cases, compensation must be estimated to the extent of the lost earnings and the damage suffered, provided that this is a natural consequence of the harmful act .

 

 The problem of proving contractual liability : three factors must be available to prove tort liability :

1-breach of a contractor (malicious act)

2-damage to the contracting party

3-causal relationship between them

 For example: it is necessary to prove the breach of one of the parties to the contract and that this breach results in damage to the other party, and the damage caused to the other party must be a result of this breach .

Here, the Legal Drafting and Contracts Lawyer in Dubai, Abu Dhabi UAE , where he examines the papers and attends the preliminary discussions and deliberations prior to editing the contract, in order to clarify the ideas and common elements between the contractors as well as the elements of the contract and the rights and obligations of all parties to achieve a balance between them .