Fundamental breach of execution of the off-plan sale contract according to Law No. (3) of 2015 concerning the regulation of the real estate sector in the Emirate of Abu Dhabi - a comparative study

Contrary to the general rules established in the UAE's Civil Transactions Law, Article (17-1) of Abu Dhabi's Real Estate Sector Law, stipulates: either party can end the contract under a unilateral will without referring to the judiciary if there is a fundamental breach of the contract by the other party. Since the UAE legislation is devoid of any statement in this regard, the international sale contract rules were used; specifically, Article (25) of the United Nations Convention on the International Sale of Goods (Vienna 1980) and English law. To achieve this purpose an analytical approach towards Article (17) was implemented, and the article compared to the international sales texts. This research's crucial findings are the precise definition of a contract's fundamental breach, and the specific conditions required to fulfil this breach. This study contributes to existing research by recommending specific amendments on Article (17-1) and Article (25) Vienna Convention.