4. Finally, the Court of Cassation set aside the impugned judgment. It decided, after reviewing the sanction clause of the contract at issued Musataha, that the applicant, after considering the sanction clause of the disputed Musataha contract, could terminate the non-compliance of the appeals and respect all the amounts paid up to the termination date. The owner of a Musataha right owns the buildings they have developed on the land and these buildings can be disposed of under the Musataha law, in accordance with Article 1357 of the Civil Code. Article 1359 of the Civil Code provides that Musataha`s law does not end simply because the buildings on the land were removed before the expiration of the Musataha Convention. Real Estate Act 19 2005 governs property ownership in Abu Dhabi, both in designated areas and outside designated areas. The law stipulates that the implementing regulations set the conditions, provisions and conditions of the Musataha agreements outside these designated areas. However, these implementing regulations have yet to be adopted and it would be useful for such regulations to be adopted in order to obtain greater clarity on the regulation of musataha agreements outside the designated areas. In this case, a Musataha agreement would be a preferred option for an investor in the health sector, as it gives the owner of Musataha the right to develop a well-equipped property. The owner of a Musataha right is required to remove the building from the land and return the land to the owner or to leave the building at the request of the owner at the end of the Musataha deadline. These make good commitments are explained in more detail below. The Rights of Musataha is an important tool for real estate development in the United Arab Emirates.
It allows investors to implement stable and safe investment projects, while ensuring a fair balance between the rights of the owner and those of the investor; Thus, an investor is able to avoid restrictions that prevent foreigners from owning land in the region, coupled with the prevention of exorbitant spending that is found in investment areas. In addition, landowners benefit from the ideal use of their land, which helps the state (United Arab Emirates). As a result, the state has tended to extend the implementation of musataha agreements with respect to government areas allocated for investment purposes. The Dubai Municipality and the Municipality of Abu Dhabi have hired the investor through a contract to use its land under this system. FIDIC AND ENAA COMPARISION In the complex and technical world of construction and major manufacturing projects, contracts and negotiations on the terms of an agreement between the parties are… Dubai World Central (DWC) is a relatively new air and logistics area in Dubai, consisting of eight districts: logistics, aeronautics, Al Maktoum International Airport, humanitarian, residential, commercial, leisure, exhibition and commercial area. Currently, the only land that can be leased in the DWC is located in the logistic city. Land lease periods generally last 25 years and can be extended for an additional 25 years.
Manufacturing and industrial activities are not permitted in the logistics city; activities can only include logistics. In addition, only air freight companies are licensed, shipping freight companies that were not created in DWC. Parcel subletting is not authorized by dWC and there is no obligation to register leases with the Dubai State Department or any other authority within the United Arab Emirates as a Musataha Law. However, some banks may require such a document for financing, so applicants may be required to register Musataha with the DLD to meet the Bank`s financing conditions.