Can UAE contract law accommodate legal capacity challenges posed by autism spectrum disorders?

  • Enas Mohammed AlQodsi
  • , Nermin Eissa
  • , Iyad Mohammad Jadalhaq
  • , Mohammed El Hadi ElMaknouzi
  • , Imad Eldin Ahmad Abdulhay

Research output: Contribution to journalArticlepeer-review

Abstract

Purpose This paper investigated the impact of autism on legal eligibility. It was motivated by the reports or recent statistics, showing that the number of autistic people is 4561 cases nationwide 885 of which are females whereas 3676 of them are males, who constitute more than 80% of the total ASD category. It also indicates that the number of ASD cases among the citizens is 2004 of the total number across the UAE, constituting a percentage of 44% of the total. It was hypothesized that ASD affects the contractual obligations of persons suffering from it. Taking into consideration the increasing number of autistic cases and the individual's acts being affected by such a disease, we considered that this issue should be highlighted by articulating the concept of ASD and determining its levels in addition to identifying its causes and symptoms, to define the legal provisions governing the patient's civil legal obligations. Design/methodology/approach This study employed an analytical approach to examine and analyze the legal provisions outlined in the UAE Civil Transactions Act No. (5) of 1985, along with references to relevant jurisprudential perspectives and explanations. Conclusions The study concluded that ASD has three levels: Level 1, Level 2, and Level 3 ASD. Level 3ly autistic patients have their contracts null and void and have no obligations. However, ASD patients with Level 1 or Level 2 levels assume their obligations after having been legally represented in their contract. The guardian or custodian's authorization of the discerning minor's actions proves their validity in being beneficial to him. This type of authorization does hereby aim at supporting the discerning minor's lack of competence noting that what falls into the discerning minor's acts herein applies to the discerning autistics. Originality Extensive statistical analysis in the UAE has uncovered a striking revelation - a staggering 80% of the total autism spectrum disorder (ASD) population in the country, consisting of 4561 individuals, comprises 3676 males and 885 females. This research focuses on the originality of investigating the ramifications of autism on legal eligibility, presenting valuable insights to institutions and individuals with ASD, and aiding in their comprehensive understanding of the implications involved in contractual agreements.

Original languageEnglish
Article number102554
JournalSocial Sciences and Humanities Open
Volume13
DOIs
Publication statusPublished - Jun 2026

Keywords

  • Autism spectrum disorder
  • Contracts
  • eligibility to dispose of impediments to eligibility
  • Legal eligibility

ASJC Scopus subject areas

  • Social Sciences (miscellaneous)
  • Psychology (miscellaneous)
  • Decision Sciences (miscellaneous)

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