"Lawsuit to prevent exposure in UAE law" "comparative study".

Document Type : Original Article

Author

College of Law - University of Sharjah

Abstract

In this research, I dealt with the lawsuit to prevent exposure to possession, which is considered as a lawsuit written by the legislator for the holder whose possession has been infringed, by resorting to the judiciary to put an end to the exposure faced by his possession and remove this exposure. It indicated that in order to hear such a lawsuit, the plaintiff must be exposed to his possession, whether that exposure was physical or legal exposure, in order for him to file an action to prevent exposure to possession,  Provided that the possession fulfills all its legal conditions and obligations and is free of defects, so that such a case can be heard and adjudicated. To achieve the purpose of this research, I divided it into three demands, which dealt in the first request with the meaning of the lawsuit to prevent exposure to possession, and in the second requirement, dealt with the conditions of the lawsuit to prevent exposure to possession by a comparative study between the UAE civil law and its Egyptian, Iraqi, Jordanian, Saudi and French counterparts. A claim for prevention of possession is based on the request of the holder to the court through that action to stop the defendant from harassing him in the real estate or real estate right under his control. 

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