SALES ENTITLEMENT: ITS CONCEPT AND EFFECTS: A JURISPRUDENTIAL STUDY COMPARED TO THE UAE CIVIL TRANSACTIONS LAW

Abstract

This study focuses on a crucial aspect within the realm of transactions: the concept of entitlement. Specifically, the research delves into the general understanding of entitlement and, more precisely, the entitlement of sold commodities. It examines the concept and its associated rulings from both a jurisprudential standpoint and within the framework of the UAE Civil Transactions Law. The primary objective of this research is to elucidate the notion of entitlement, distinguish it from related concepts, and highlight the foundational principle upon which it rests. Subsequently, the study aims to expound on the most significant rulings and implications from both jurisprudential and legal perspectives. The central research challenge lies in clarifying entitlement in general, and entitlement of sold commodities in particular, while also examining the consequences of varying opinions among jurists and Emirati legislators in terms of issues and rulings. To achieve the research objectives, the researcher employed a comparative, inductive, and analytical approach. The study generated several key findings, most notably: entitlement is closely connected to the contractual obligations of sellers and buyers, including the seller's guarantee of the item's safety from third-party claims. Furthermore, entitlement is not addressed in specific texts but rather through general rules. Consequently, jurisprudential perspectives on entitlement of sold commodities have varied, while the UAE Civil Transactions Law has tackled entitlement issues by formulating comprehensive articles, selectively drawing from jurisprudential opinions, or combining them without adhering to a particular doctrine.