اضاءات قانونية

 The state guarantees citizens their personal freedom and preserves their dignity and security. The law determines the cases in which a citizen’s freedom is restricted. No one’s freedom may be restricted except by a ruling from a competent court. 

personal freedom: Article (48) Paragraph (A) of the Yemeni Constitution

 No person may be arrested, searched, or detained except in the case of flagrante delicto or by an order necessitated by the necessity of investigation and maintenance of security issued by a judge or the public prosecution in accordance with the provisions of the law. It is also not permissible to monitor or investigate any person except in accordance with the law. Every person’s freedom must be restricted by any restriction that must That his dignity be preserved, physical, psychological or moral torture is prohibited, coercion to confess during investigations is prohibited, a person whose freedom is restricted has the right to refrain from making any statements except in the presence of his lawyer, it is prohibited to imprison or detain any person in places other than those subject to the Prison Organization Law, and torture and ill-treatment are prohibited. Inhumane crimes upon arrest or during the period of detention or imprisonment. 

Article (48) Paragraph (B): The Yemeni Constitution

 Anyone who is temporarily arrested on suspicion of committing a crime must be brought before the judiciary within twenty-four hours at most from the date of his arrest. The judge or public prosecution must inform him of the reasons for his arrest and interrogation and enable him to express his defense and objections. A reasoned order must immediately be issued to continue the arrest or release. On his behalf, in all cases, the Public Prosecution may not continue detention for more than seven days except by judicial order, and the law determines the maximum period of pretrial detention. 

Article (48) Paragraph (C): The Yemeni Constitution

 When any person is arrested for any reason, he must immediately notify the person chosen by the arrested person. This must also be done upon the issuance of every judicial order to continue detention. If the arrested person is unable to choose, his relatives or whomever may be interested must be informed. 

Article (48) Paragraph (d): The Yemeni Constitution

 The right to defend in person or by agency is guaranteed at all stages of investigation and litigation and before all courts in accordance with the provisions of the law. The state guarantees legal aid to those who are incapable in accordance with the law. 

Article (49): The Yemeni Constitution

 “Anyone who publicly recites immoral songs, shouts, or speeches shall be punished by imprisonment for a period not exceeding two years or by a fine.” In accordance with the text of Article (202) of the Crimes and Penal Code, a ruling must be issued to close the house that carried out the publishing or display for a period not exceeding one month. 

Article (199) Paragraph 4 of the Crimes and Penal Code

 “Any arbitrary condition contained in a contract, instrument, instrument, or other matter related to a contract with a consumer shall be absolutely null and void, if this condition would lead to an imbalance between the rights and duties of the supplier and the consumer for the benefit of the consumer, or exempt the supplier from any of his obligations contained in the Consumer Protection Law, regulations, or other applicable laws, and the regulations specify those conditions.” 

Article (38) Yemeni Consumer Protection Law

 The courts may not consider any case except after presenting it to the defendant to respond to it and enter into disputes with the plaintiff regarding it. The courts are strictly prohibited from considering the request for what is called proof of the incident and issuing any decision regarding it. 

Article (8) bis: The Yemeni Evidence Law and its amendments

 In felonies, witnesses are not accepted except those who are proven to have been present at the place where the crime occurred, unless the testimony is based on the confessions of the disputants. 

Article (35): The Yemeni Evidence Law and its amendments

 The testimony is not invalidated in the following circumstances and conditions: - • The two witnesses differ in wording if they agree on the meaning. • The two witnesses disagree about the time and place of the acknowledgment and establishment if multiple witnesses are possible. • The two witnesses disagree about the amount of what is witnessed, and what they agreed upon is valid in meaning. An exception to this is the amount of the contract compensation if the contract is ungrateful, so the testimony is invalidated by the two witnesses’ disagreement about it. • The two witnesses differ in the quality of the witness, and the testimony of the one whose testimony matches the case is supplemented by another witness or clarifies the plaintiff. 

Article (49): Yemeni Evidence Law and its amendments

 Official documents are evidence of the matters stated therein that were carried out by their author within the limits of his official mission, or were signed by the concerned parties in his presence, or whose signatures were authenticated by him in their presence after investigation of their persons, unless the opponent denies them, in which case they must be proven by legitimate means or they are proven to be forged. 

Article (100): The Yemeni Evidence Law and its amendments

 The arbitrator may not be removed except by agreement of the two parties or by a judicial ruling from the competent court. The arbitration agreement is one of the contracts that is binding on its two parties and cannot be annulled by the unilateral will of either party. The arbitrator cannot be removed by agreement of the two parties, by the court’s ruling, or by filing the dispute before the competent court and for the two parties to follow up on the dispute. The absence of any of those reasons makes the ruling sought in it and the appellate ruling supported by it without a valid basis in the law. . 

From the book of legal and judicial rules extracted from rulings issued by the Supreme Court

 The arbitration document signed by the parties is the evidence of the arbitrator’s jurisdiction to issue his award. Arbitration without writing an arbitration document renders the arbitrator’s award invalid due to its violation of the text of Articles (15 and 6). Arbitration, which stipulated for the validity of the arbitration that the arbitrator be competent to act because the arbitration document is the evidence of the arbitrator’s jurisdiction and without it, the arbitrator’s jurisdiction is lacking. 

From the book of legal and judicial rules extracted from rulings issued by the Supreme Court

 The specific jurisdiction of public order may not be violated, and the Supreme Court has the right to address it on its own 

From the book of legal and judicial rules extracted from rulings issued by the Supreme Court

 The court must decide on the defenses. If it does not do so, its ruling is subject to appeal 

From the book of legal and judicial rules extracted from rulings issued by the Supreme Court

 If the trade name has been registered, registered and published in accordance with the provisions of the Trade Names Law, no other merchant has the right to use or use this name in the type of trade practiced by its owner. If the name and surname of the other merchant are similar to the trade name registered, registered and announced with the competent administration, the other merchant must add to Its name is what distinguishes it from the trade name previously registered, registered and publicized in accordance with the provisions of the Yemeni Trade Names Law. 

Article (27) of the Trade Names Law

 Arbitration is not permissible in the following: A- Punishment, punishment, and annulment of marriage contracts. B - Refusal of the judges and disputes with them. C - Disputes related to forced implementation procedures. D - All other issues in which reconciliation is not permissible. E - Whenever it relates to public order. 

Article (5) The Yemeni Arbitration Law and its amendments

 The following is required for arbitration to be valid: First: That the appellant be competent to dispose of the right that is the subject of arbitration, provided that arbitration is not accepted by the guardian or guardian except for the benefit or benefit of the person appointed, except with the permission of the court. Second: The arbitrator must be fully qualified, fair, and competent to rule on what he ruled on. 

Article (6) The Yemeni Arbitration Law and its amendments

 A judge may not be an arbitrator in a case pending before him, even if the opponents themselves ask him to do so, and judges may not agree to refer cases to each other for arbitration, whether directly or indirectly. 

Article (11) The Yemeni Arbitration Law and its amendments

 Arbitration does not terminate with the death of one of the parties, and if any of the heirs lacks legal capacity, the arbitration shall terminate unless his guardian or guardian continues it or the court permits the person acting on his behalf to continue it. The above shall apply if the appellant loses his legal capacity before the arbitration ruling is issued. 

Article (12) The Yemeni Arbitration Law and its amendments

 It is not permissible to agree on arbitration except in writing, whether before the dispute or dispute arises or afterward, even if the two parties to the arbitration have filed the lawsuit before the court. The agreement shall be invalid if it is not written and specifies the subject of the arbitration. The agreement shall be written if it is included in an arbitration document, telegrams, letters, or other modern means of communication of a documentary nature. 

Article (15) The Yemeni Arbitration Law and its amendments

 The two parties to the arbitration may agree on the number of arbitrators, and if they do not agree, the number of arbitrators shall be three. 

Article (21) The Yemeni Arbitration Law and its amendments

 The arbitrator may not be incapacitated, under interdiction, deprived of his civil rights, or unfit to rule on what he decided - and the arbitrator’s acceptance of his profession must be in writing. 

Article (20) The Yemeni Arbitration Law and its amendments

 If the arbitrator is unable to perform his task, which leads to obstructing the continuity of the arbitration procedures and does not step down, then either the two parties may agree to remove him, or either party may submit a request to do so to the committee or the competent court. 

Article (25) The Yemeni Arbitration Law and its amendments

 The two parties to the arbitration have the right to agree on the procedures that the arbitration committee must follow. If there is no agreement, the committee may follow whatever procedures it deems appropriate, taking into account the provisions of the Arbitration Law and not violating the provisions of the Civil Procedure Law, which are considered public order. 

Article (32) The Yemeni Arbitration Law and its amendments

 Arbitration procedures begin from the day one party receives a request from the other party to submit the dispute to arbitration in accordance with the provisions of the Arbitration Law or the terms of the arbitration agreement. 

Article (34) of the Yemeni Arbitration Law and its amendments

 The judiciary is an independent authority, judicially, financially and administratively, and the Public Prosecution is one of its bodies. The courts are responsible for adjudicating all disputes and crimes. Judges are independent and have no authority over them in their rulings other than the law. No party may, in any way, interfere in cases or in any matter of justice. Such interference is considered a crime punishable by law. The lawsuit shall not be subject to statute of limitations. 

Article (149) of the Yemeni Constitution

 Any public employee who tortures while performing his job or uses force or threats, personally or through someone else, with an accused, a witness, or an expert, to force him to confess to a crime or to provide statements or information regarding it, without prejudice to the right of the victim to retaliation, shall be punished by imprisonment for a period not exceeding ten years. Or blood money or compensation. 

Article (166) of the Yemeni Crimes and Penal Code and its amendments

 Anyone who assaults an employee by force or threat during or because of the performance of his job or service shall be punished by imprisonment for a period not exceeding two years or by a fine. The penalty shall be imprisonment for a period not exceeding five years if this was done with the intention of unlawfully forcing the employee to perform or abstain from performing one of his job duties. 

Article (171) of the Yemeni Crimes and Penal Code and its amendments