Comparability Report
Comparability Report
[Name of Author]
[Name of Institution]
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Table of Contents
Task 1: LO1.....................................................................................................................................2
Introduction..................................................................................................................................2
Sources of Law and Law of Organizations..................................................................................2
Government Role in Application of Common Law and Law Making........................................3
Conclusion...................................................................................................................................4
Task 2: LO2.....................................................................................................................................5
Introduction..................................................................................................................................5
Ways in which a Contract, Employment and Company Law has a Potential Impact on
Business.......................................................................................................................................5
Difference between Standards, Regulations and Legislation......................................................5
Law and Legal System’s Critical Evaluation..............................................................................6
Conclusion...................................................................................................................................6
Task 3: LO3.....................................................................................................................................6
Introduction..................................................................................................................................6
Ways in which Different Business Organizations’ Types are Legally Formed..........................6
Ways in which Business Organizations are Funded and Managed.............................................7
Advantages and Disadvantages of Different Business Organizations’ Types.............................7
Conclusion...................................................................................................................................8
Task 4: LO4.....................................................................................................................................8
Introduction..................................................................................................................................8
Recommended Legal Solutions for Resolving Disputes.............................................................8
Comparison and Contrast of Different Sources of Legal Advice to Resolve Disputes...............8
Effectiveness of Legal Solutions.................................................................................................9
Conclusion...................................................................................................................................9
References......................................................................................................................................10
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Task 1: LO1
Introduction
This report’s section is designed to help new business company identify the basics of business
law. Also, this report covers two main components of commercial law applicable in the UAE. The first
section of the report describes the different legal sources and the specific laws for each company,
regardless of its type. The second section describes some of the general laws applicable to the courts
and explains the role of the government in the justice system and the essence of the judicial system. The
interpretation of the government’s role in the law also assesses the power of parliaments and the
creation of bills. It also covers the legal frameworks based on common law and case law.
Although not directly translated in business terms (such as Islamic finance), these ideas
influenced the preparation and interpretation of these laws. Customary law is also known in its
jurisdiction. The reason is that the rule of law includes the priority of justice and the concept defines, as
the case may be, contracts concluded with the judicial system. This includes case law, criminal law,
contract law, dishonest deeds, and agent terms. Ordinary law may be similar to civil law, but its main
differences are due to its origin (Dewar and Hussain 2018).
Conclusion
The report provides a detailed description of the UAE’s laws and origins in court through a
structural definition. As regards common jurisdiction, this section distinguishes between common law
and UAE civil law. The first part highlights the importance of company law. The second section describes
the legislative process and its role in the legislation of the UAE Government.
Task 2: LO2
Introduction
This section deals with helpful rules for business organizations. Law and market impact will also
be discussed in accordance with company, business and standards laws. Differences in laws, regulations
and standards are also taken into account to better understand the information.
Task 1: LO1
Introduction
The research is developed to assist a fresh workfare organization for identification of the
fundamentals of Business Law. The research fulfils 2 major elements of Commercial laws which
can be applied in United Arab Emirates. The initial part of this research elaborates the various
lawful bases and the particular rules of every organization, without regard of any kind. The later
portion of the research elaborates a few General regulations which can be applied in hearings.
They also explain the roles of the governments in legal unit and the importance of the unit of
judiciary. The clarification of the state’s part in rules and regulations assess the strength of
parliamentarians and creativity of invoices.
The legal setup in gulf and United Arab Emirates is usually very difficult. Individuals who have
no idea of the working of the law may face hurdles. It is true that such companies are distinctive
than companies of the west and utilize entirely distinctive language for the individuals who wish
to do workfare in gulf and United Arab Emirates. Even though these setups are dissimilar, the
main lawful regulations can be understood and have logic too. Moreover, such setups got
evolved in the west, particularly in United Arab Emirates, and implemented the latest
requirements of modernized thoughts for meeting the dynamic requirements of community
(Dewar and Hussain 2018).
The main contribution is the protection of the primary setup of a society with teaching
advantages. The rules can be disciplined and cautioned for exclusion or violation, which depends
on the nature of the offense. Along with that, the degree of offense of the decree is noticed and
then evaluated by law court. While United Arab Emirates’ important laws are acquired from
sharia, majority of the legislations are created from the legislation of Egypt, and rules which
arose in to action from nineteenth to twentieth Century and the legal ideas of the civilization of
Europe and Islam that have same origins (Dewar and Hussain 2018). The impact of France is
noticeable in implementing domestic legislation in majority of the area compared to the mutual
legislation structure of UK, like in the countries of Europe.
Regarding United Arab Emirates, chapter 116 says that United Arab Emirates will make use of
every power which is not mentioned in the law. The section of 122 can reject that also, but the
Federation possessed certain authority and the United Arab Emirates constitution with
guidelines. The United Arab Emirates focuses when the concerned power goes in specific
sectors. For instance, during the 1970s, the choice for including nationalism was given in the
suggestion. The constitution of 1971 ratified each command to have representatives of the
organization of petroleum exporting countries (opec) and the organization of arab petroleum
exporting countries. He forfeited his affiliation in the support of Abu Dhabi confederation, the
sole emirate which entered in 1971.
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In the sections of 120 and 121 of the law, Federal Government is accountable for Federal matters
including Foreign Affairs, Education, defense, nationality, Healthiness, money, post office,
communication through phone, Air Traffic Control, aircrafts, relationships between industries,
Banking and the spread or display of crimes. Section 121 got changed in 2004 for the extension
of union legislative assembly to domestic Federal Agencies; specifically the international
financial center of Dubai (TIFC). The alteration is an example of the growth of Federal Power.
Interrelations within the Federal Government and Local Governments are continuously varying.
United Arab Emirates gets benefit from grouping in sectors including Education and Tourism.
Simultaneously, an increasing tendency for encouraging domestic government to willingly
approach to Federal bodies in sectors like the ministry of justice.
Use of the law in the courts: Such legislations are noted and possessed by few organizations. As
per the Case Law, the lawful setup of managerial and mutual legislation varies (Warren 2018).
The legitimate groundwork includes Public and Private Behaviours in a few regions of United
Arab Emirates. For instance, the legislation is acknowledged through legislative structures and
assistants, and laws are the right approach to proceed. As per the permissions, United Arab
Emirates laws and additionally, domestic government laws are applied. The prescribed setup is
essential inside the constitutional atmosphere.
Enforcing Customary Law through the courts: Customary Law is continuously under
modification for updates. The values of ordinary laws can be fully applied to adjudicators. For
this incident, the issue is resolved on the authorized document(s) of the respected incident. Along
with that, the legitimate ground consists of a mutual context in every authority.
Conclusion
The research gives a descriptive information of the rules and regulations of United Arab
Emirates in courts by a setup explanation. With regard to mutual authority, the portions defines
differences amid normal legislation and United Arab Emirates’ civilian legislation. The initial
section tells the essence of organization legislation. The later part tells about the legal procedures
and their roles in the law making of the government of United Arab Emirates.
Task 2: LO2
Introduction
The segment tells about the assisting regulations for workfare companies. Market affect and law
shall be elaborated as per organization, work and standard law(s). Dissimilarities between
legislations, rules and values too are discussed for better understanding of the data.
Ways in which a Contract, Employment and Company Law has a Potential Impact on
Business
Company Law: This law provides benefit and help to the business from the government legislation
(Tuori 2017). This is beneficial for businesses as they could be protected from liability or debt.
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Employment Law: This is used to protect all employees in the companies. The law simplifies relations
with employers and employees by providing special rights that could be exercised in the workplace.
Contract Law: Indicates that all typesIt specifies every type of businesses have a contractbusiness
having an agreement (Cotterrell 2017). ThisIt is helpful because disputes couldassisting as quarrels
can be resolved quicklysolved fast and neither party could sueboth the parties cannot take legal
action.
Standards: For delivering a specific product and efficient outcomes, the administrative setup
provides standard devoid of posing any harm to personals or rest of the companies. Companies
should give every important data on standards and security issues.
Legislations: Seeing this as domestic legislation which can assist individuals in starting a fresh
company or running an already present organization in United Arab Emirates. Each individual
needs to abide by certain regulations.
Regulations: Descriptive data on regulations pursued by domestic government(s) (Goodman and
Flaxman 2017). Each company’s spokesperson should do work avoiding endangering domestic
legislation and functional administration.
Conclusion
Each company’s offcie can ensure to adopt rules and legislations for improving businesses. Each
worker in the office should be acknowledged for efficient performance. The data given in
discussion notes that each rule and legislation impacts the company which can give advantages
to the company.
Task 3: LO3
Introduction
This section addresses ways in which different business organizations’ types are legally formed,
funded and managed. The following section explains the pros and cons of each business organization.
Limited Liability: Trust and other institutional organizations help the company develop appropriate
guidance, so this organization has many benefits. The whole process requires paperwork or a contract to
run the business smoothly.
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also be difficult to find a new partner to sell the business. As a result, owners could choose to share
profits among themselves so they could continue to operate without problems (Na 2016).
Corporation
In company law, the owner’s liability is limited and could be easily transferred to new owners,
which is an advantage. The downside, however, is that the whole process is expensive and the corporate
sector is quite complex and difficult to maintain. Therefore, owners could exercise their rights when
they share losses or debts with other companies. The lessor accepts minimal liability for any costs or
damages.
Limited Liability
In the case of limited liability, it is useful for the business owner to accept limited liability for damages or
debts. Besides, the profits generated from the revenues are shared with the double taxation’s owners.
On the contrary, the downside is that certain laws and regulations come with all the more complex
contracts. Due to this, the owner could easily run the business. Therefore, the owner’s liability or costs
may be neglected. There is a special part of the company’s loss and profit distribution that is specified in
the contract.Revenues possessed by a department are received to a company runner. The negative
point includes that CEO needs to pay back every loan inside the sector and possession is hard to
handover. The relevant organization consists of owner(s) and the entire factory in the similar
organization. It is taken as the excellent administrative activities.
Partnership: It is made use of when there are above one person’s involvement in the workfare.
An association contract is required for treating all the associates on equal term(s) of company’s
duties (Villaluz and Hechanova 2019).
Private Company: It is known as the most solid form of commercial workfare. The lowest need
is a trader’s entitlement. Just the possessor is required to complete the work.
Conclusion
From the points aforementioned points, it could be concluded that all the businesses have their
disadvantages and advantages within the business rules’ area. Notwithstanding, steps and processes are
important to ensure that heirs achieve their goals and provide regular funding.
The above mentioned issues conclude that every commercial workfare has pros and cons amid
the commercial corportate regulations’ sector. Nonetheless, measures and procedures are
essential for ensuring their next in kin get their missions and give continuous capital.
Task 4: LO4
Introduction
InWith regards to this regard, the dispute resolution process within a companyconflict resolving
procedure inside an organization is discussed in this section. The following section
discussesdescribed. This part elaborates the benefitsadvantages and comparisonscontrasts of the
way outs.
2016). The debates are utilized to discuss essential commercial factors. It is very essential for
organizations because the economic area addresses the factor, which develops the verdicts on the
basis of proofs and research.
Litigation: Litigation is known as the utmost common part which gives way forwards for every
dispute. Adjudicators even must have adequate responsibilities when they request data or proof.
It assists in solving the entire procedure (Benedict, 2018).
Arbitration: Arbitrator is the individual who has the responsibility to assess or resolve conflicts
amid commercial companies. The magistrate chooses to listen to the incident and it gives
advantages to each party. The request procedure comprises of concerned means (Hayes, 2017).
Mediation: It helps resolve disputes between parties and respond to a professional
mediator.Mediation assists in resolving conflicts amid groups and give response to corporate
intermediary. It also allowspermits the partiesgroups to expressrepresent their viewsviewpoints on
the companyorganization (Singer 2018).
Conclusion
Arbitration: In this, a person (an arbitrator) is responsible for assessing or resolving disputes between
business organizations. The judge decides to hearabove part of the case and it benefits both parties.
The application process also includes related resources (Hayes, 2017).
Litigation: This could be calledresearch gives suggestions that commercial companies has to utilize
the most popular element that offerscorrect solutions to allfor avoiding conflicts. Even judges
should be sufficiently responsible when requesting information or evidence. It also helps to solve the
whole process (Benedict, 2018).
Conclusion
The previous section suggests that business organizations need to use the right solution to avoid
conflicts within the organization. Also, appropriate comparisons should be made so that a company
could choose according to its needs.
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References
Benedict, B.M., 2018. Making the modern reader: cultural mediation in early modern literary
anthologies (Vol. 5235). Princeton University Press.
Cotterrell, R., 2017. Law, culture, and society: Legal ideas in the mirror of social theory. Routledge.
Dewar, J.R. and Hussain, M. eds., 2018. The Islamic Finance and Markets Law Review. Law Business
Research Limited.
Goodman, B. and Flaxman, S., 2017. European Union regulations on algorithmic decision-making and a
"right to the explanation". AI Magazine, 38(3), pp.50-57.
Hawkins, D., 2016. Arbitration-Subject Matter Jurisdiction. Wisconsin Law Journal.
Hayes, A.F., 2017. Introduction to mediation, moderation, and conditional process analysis: A
regression-based approach. Guilford Publications.
Moses, M.L., 2017. The principles and practice of international commercial arbitration. Cambridge
University Press.
Na, N., 2016. The United Nations and business: A partnership recovered. Springer.
Robertson, J., 2016. Coaching leadership: Building educational leadership capacity through partnership.
New Zealand Council for Educational Research. PO Box 3237, Wellington 6140 New Zealand.
Singer, L., 2018. Settling disputes: Conflict resolution in business, families, and the legal system.
Routledge.
Thirlway, H., 2019. The sources of international law. Oxford University Press.
Tuori, K., 2017. Critical legal positivism. Routledge.
Villaluz, V.C., and Hechanova, M.R.M., 2019. Ownership and leadership in building an innovation culture.
Leadership & Organization Development Journal, 40(2), pp.138-150.
Warren, K.F., 2018. Administrative Law in the Political System. Routledge.