Abstract

This research paper examines the concept of “legitimate defense” under the UAE Civil Transactions Law and the Penal Code, focusing on the requisite conditions for deeming an act of aggression as legitimate defense and consequent impact for penal and civil liabilities. Legitimate defense is recognized as ground for permissibility under the UAE Penal Code. Thus, an individual who acts in legitimate self-defense is not penally liable. Exemption from punishment is granted only if the defensive act was committed to protect oneself, one’s property, or the person or property of another, and the act must have been necessary to repel an aggression and respond to an imminent, unlawful threat. The Civil Transactions Law regards legitimate defense as a ground for exemption from tort liability, meaning that the perpetrator of a harmful act, undertaken in defense, is not held liable for damages. This law stipulates that the perceived threat must be immediate, and the act of defense proportionate to the aggression. The study adopts an analytical methodology to examine the legal provisions related to legitimate defense in both statutes and incorporates comparative law for aspects not specifically addressed by the UAE legislator.