Consumer Protection from Unfair Terms in the Emirati Law: a Comparative Legal Study in Terms of the Directive (13/1993) and the Jurisprudences of the European Court of Justice

Abstract

The aim of this paper is to examine the need to transpose the terms of the European Directive 13/93 of unfair terms in addition to the recent jurisprudences issued by the European Court of justice into Emirates law. Emirates law recognizes this protection through the general principles of contract law, while the provisions of consumer protection law do not provide this protection. This research concluded the importance to transpose the European rules into the national law. Many jurisprudences, issued by the European Court of justice in the last five years which developed the scope of the application of the directive and the rules to keep balance between consumers and sellers in terms of the application of good faith and transparency principles, are provided in details in this research,. Many recommendations aiming to keep fairness in consumer transactions, are recorded in this article.