JazeeLaw

The role of public prosecutors may differ depending on the legal tradition adopted in a particular country. Two types of legal traditions dominate the nature of investigation and adjudication around the world: adversarial and inquisitorial legal systems. Common law countries use an adversarial system to determine facts in the adjudication process. The prosecution and defence compete against each other, and the judge serves as a referee to ensure fairness to the accused, and that the legal rules criminal procedure followed. The adversarial system assumes that the best way to get to the truth of a matter is through a competitive process to determine the facts and application of the law accurately. The inquisitorial system is associated with civil law legal systems, and it has existed for many centuries. It is characterized by extensive pre-trial investigation and interrogations with the objective to avoid bringing an innocent person to trial. The inquisitorial process can be described as...

As part of Vision 2030 the Kingdom of Saudi Arabia has embarked on an unprecedented national infrastructure and development program. The objective of the program is to diversify the Kingdom’s economy from oil through structural reforms, liberalisation and by attracting foreign investment. To facilitate the development program’s ambitious objectives, the Kingdom is implementing various new laws that deal with issues that are likely to arise when the program is actualised. The legal changes are fundamental to supporting the Kingdom's bold vision, in particular the complex “giga” projects on which the  Vision 2030  development program is grounded. Contractors, consultants and investors involved in construction projects in the Kingdom should be aware that there have been several legal changes that do not appear to have drawn much attention despite the likely significant impact on construction projects. The changes are wide ranging. The most fundamental with respect to construc...

Saudi Arabia’s legal system is based on the principles of Sharia Law which, following the literal interpretation of the teachings of the Qur’an. The way in which Saudi courts regulate contractual relationships is therefore extremely different from the common and civil law systems.  Parties are of course free to contract with each other; however, the degree of freedom with which they can do so is governed by certain prohibitions in the Qur’an.  Generally speaking, contractual provisions that violate the fundamental principles of Sharia law will not be enforced by the Saudi courts. There is no construction law in Saudi Arabia, therefore all construction agreements in the private sector are subject to the parties’ consent, provided that the agreement does not contradict Sharia Law. However, there are some specific rules that apply to public sector contracts pursuant to the Government Tenders and Procurement Law 2006 (“the Procurement Law”) issued by Saudi Arabi...

1. General 1.1 Governing Law The United Arab Emirates is a civil law country that follows a Civil Code. The law is a codified established comprehensive legal framework that governs most eventualities.  Dubai is bound by both the federal laws of the UAE and laws specific to the Emirate of Dubai. The main federal law is the Civil Transactions Code Federal Law No 1 of 1985 (as amended) ("the Civil Code"). Dubai has numerous standards, regulations, guidelines, codes of practice and circulars issued by Dubai Municipality and the free zones of TECOM and JAFZA in relation to building standards in their relevant jurisdictions. These include building standards, environment, health and safety guidelines and other technical conditions. Administrative Resolution No 125 of 2001 concerning the adoption of Building Regulations and Standards provides a detailed technical discourse about how to build in Dubai Municipality-governed areas. There are also similar standards for TECOM an...