الاتجاهات العامة في مشروع القانون المدني الفلسطيني دراسة نقدية مقارنة بالقانون المدني الأردني

الموضوعات

قانون

روابط وملفات

التعريف والنوع

رقم الوثيقة

016729bb-fb37-44d8-882a-d3bd7bd95f14

رقم العقد

0

نوع الوسائط

Crawler

نوع المحتوى

الرسائل العلمية

صيغة المصدر

رسائل ماجيستير

نوع الملف

pdf text

أسماء الملفات

1695611_1.pdf

بيانات النشر

ترجمة العنوان

general aspects of the Palestinian civil law project that if it has ever seen the light, will be the most recent civil law in the area of the Arab world aspect is making a comparison between it

ألقاب المؤلفين

[{"name_ar":"انور ابو عيشة","title_ar":"اشراف","title_en":"Supervision"},{"name_ar":"عبد الناصر صبحي الشيخ جمال الشريف","title_ar":"اعداد","title_en":"Preparation"}]

اللغة

Arabic

المصدر والدورية

اسم المصدر

الاتجاهات العامة في مشروع القانون المدني الفلسطيني دراسة نقدية مقارنة بالقانون المدني الأردني

المحتوى والصفحات

عدد الصفحات

0

ترجمة الملخص

The subject of this research is the general aspects of the Palestinian civil law project that if it has ever seen the light, will be the most recent civil law in the area of the Arab world. The research main aspect is making a comparison between it and the Jordanian civil law.The study consists of two chapters. The subject of the first chapter is the general aspects of legal action which includes contract and individual willingness where the directions effect of willingness control principal evident and concealed wills, objective and personal tendencies, individualism and tribalism, in addition to invalidity theory to conclude the direction adopted by the project whether it is Western or Islamic one.The study shows how the project joins between Western and Islamic doctrines regarding invalidity theory and dedicates willingness control principal in contract theory despite restrictions taken upon it. So it keeps pacewith modern tendency towards harmony with German and Latin techniques together, which is obvious as clarified in the elucidation documents, and adopts evident will as general origin. Besides, the project doesn't neglect adopting sometimes concealed will keeping pace with modern direction method coping with Islamic doctrine and German school.As elucidation documents show how the project adopts the distinct tendency and follows the method of objective tendency in the field of legal action When it adoptsevident will and individual will as general source doesn't deny following the personal tendency in some terms .So it is moderate and according to that it is considered selective. Moreover, the researcher sees that what is mentioned in elucidation documents, where the project outbalanced the objective tendency, is not accurate .The study clearly brings into view the project tribalism when it adopts espousing evident will which sets up dangerous provision upon 13individual freedom of contracting and when it also adopts exploitation theory as general theory .Therefore ,group tendency has been taken over the individual tendency in the project which taken over the individual tendency in the project which is considered as alignment to the German school, and he points that the composer of the elucidation documents should have concentrated more on the group tendency and clarified it more to the public because the project is put in a group if it is compared to the Jordanian civil law which isn't able to get rid of the tendency to judicial rules to concentrate on the individual . The second chapter of the study includes the general direction in the legal state. So, the regulations of damage action which show the balance of the project regarding objective will and personal will as same as to the regulations of beneficial action but different to individualism and tribalism. That it comes holding clearly in its front tooth tribalism despite the fact that the project doesn’t abandon individualism. The researcher also takes into account to point to the slackness of the project of not considering the responsibility of the under age of discretion except in some how, and its slackness of not organizing abstaining from work as a source of damage action sources. Regarding the text of the law when it talks about the direct source of commitment, it appears that the project aligns with aggrieved as individual and invalids arbitrariness to use the right in order to protect group tendency as dedication of social solidarity. Therefore social necessities of contracts come including full protection to individual tendency and group tendency. The project also reflects social discernment on the right of possession considering it as social function, so it imposes many restrictions upon the right of possession as an alignment to group tendency even it shows protection to individual in many of its rules.Regarding Judge authority, however, the researcher concludes that the project takes into consideration flexibility and development when it gives the judge full authority to the extent of that he can complete what contractors miss to agree, or he can amend or eliminate it, So the authority of judge in the project it a full one 14which stows that the composer of elucidation documents humbly talks about it when he describes it as moderate.

إشراف وإعداد

الإشراف

انور ابو عيشة

الإعداد

عبد الناصر صبحي الشيخ جمال الشريف

الاقتباسات الببليوغرافية