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تعويض المتضررين عن مخاطر التطور التقني في نطاق الأعمال الطبية

إن التطور التقني غير المسبوق الذي يشهده العالم في الآونة الأخيرة ، قدم للإنسان أعمالاً طبية جليلة من فحص أو تشخيص أو معالجة أو متابعة .إلا إن هذه الأعمال تحمل بذات الوقت في طياتها أخطاراً كامنة تهدد حياة الناس وقد لا يكون من الممكن اكتشافها في حدود المعرفة العلمية والفنية السائدة وقت تقديم الخدمة الطبية وهذا ما يثير التساؤل عن كيفية التوفيق بين سلامة المتضررين ( المرضى) وبين كون هذه المخاطر غير معلومة أو معروفة لمن يقوم بها وإن مساءلته عنها يجافي العدالة وبالتالي هل يستطيع المتضررين من الحصول على التعويض؟ والإجابة عن هذا التساؤل هو أساس هذا البحث اذ سنتناوله من خلال تقسيمه الى مطلبين نتناول في المطلب الاول التعويض عن طريق الدولة وفي المطلب الثاني التعويض عن طريق المكتب الوطني للتعويض

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Publication Date
Tue Dec 31 2019
Journal Name
Journal Of Economics And Administrative Sciences
The Role of personality characteristics of Leader in Business organizations entrepreneurship with strategic flexibility mediated (A Field Research)

    The personality characteristics of the Leader are considered one of the main elements to reach into business organizations entrepreneurship; and because of the development of the organizations of the continuous transformations as result of huge Competition in private High Education sector, there is a great need for Leaders characterized of certain personality capable of managing their organizations and can positively effect on them. Also these organizations' success to reach into entrepreneurship requires a main significant element that is (strategic flexibility) which is considered one of the important elements for success.

    Accordingly, this research is trying to fin

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Publication Date
Fri Sep 30 2022
Journal Name
College Of Islamic Sciences
Historical development of Islamic jurisprudence - Develop a model

 

       Praise be to God, and prayers and peace be upon our master Muhammad, the Messenger of God, and upon his family, companions, and those who are guided by his guidance.

Then:

       Our Islamic jurisprudence and its basic principles are fixed, namely: the Noble Qur’an, then the Prophet’s Sunnah, then consensus, then analogy. However, it is characteristic of what makes it developed to meet the requirements of renewed life, including: sent interests, custom, approval, blocking pretexts, changing times. That is why it went through different stages, growth, brilliance, stagnation and endowment; Therefore, many scholars of Islamic jurisprudence divided its stages into four sections: the stage of inf

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Publication Date
Thu Feb 06 2020
Journal Name
Journal Of Legal Sciences
اعمال السيادة في ظل التطور التشريعي والقضائي في النظم المقارنة

Acts of sovereignty means a group of acts performed by the executive authority, and shall not be subjected to the Judicial review by cancelation or compensation.

    Therefore, the acts of sovereignty - in such situation - considered to be out of legitimacy, and have been subjected to a great criticism by the French jurisprudence and then the Egyptian jurisprudence on the bias that the executive authority may employ the idea of acts of sovereignty in its favor, by performing whatever acts in the form of sovereignty, that shall be sufficient to make such acts out of legitimacy and law rules, in such case the judiciary shall not have the right of cassation, or contestations against such acts nor the seeks of compensa

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Publication Date
Fri Oct 01 2010
Journal Name
منشورات الحلبي الحقوقية بيروت
التنظيم القانوني للمهني – دراسة مقارنة في نطاق الاعمال التجارية

التنظيم القانوني للمهني – دراسة مقارنة في نطاق الاعمال التجارية

Publication Date
Thu Mar 02 2017
Journal Name
Journal Of Legal Sciences
خطاب الكراهية في نطاق الفقه واجتهادات المحاكم الجنائية الدولية

The Article will examine the position of Hate Speech in international criminal law, within two sections: the first one shed light on the linguistic and terminological concept of term of Hate Speech, as well as looks at hate speech effects in scope of the periods of war and peace.

The second section will focus on Hate Speech and whether occupied to the ranks of abnormal and criminal behaviors, in the two sub-sections: first looks at the legal qualification (the level of national and regional efforts), while the second will search on International Criminal Courts Jurisprudences, so as to answer the following question: what is the reason of differences treatment of Hate Speech in Statutes of International Criminal Courts? Why some o

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Publication Date
Tue Dec 21 2021
Journal Name
Journal Of Legal Sciences
The scope of parliamentary immunity in the UAE Constitutional organization: Comparative Study

The immunity enjoyed by members of parliament is one of the most important guarantees for the performance of their parliamentary work, which protects them from threats or any reprisals against them.

There are two types of immunity:

  Objective immunity: the member does not bear any responsibility for the opinions, ideas, and statements he expresses within the council or its committees, but even outside it by some systems.

  Procedural immunity: that prevents criminal actions from being taken during or outside the session of the Council, with the approval of a body specified by the constitutions of the countries under study, but it is restricted by conditions and controls stipulated. It contains constitut

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Publication Date
Fri Dec 01 2017
Journal Name
Journal Of Legal Sciences
الحماية القانونية لأقلية المساهمين من مخاطر الاستحواذ

Contributing companies consist mainly of two categories of shareholders: the majority and the minority. The first category (majority shareholders) means the controlling shareholders of the companies capital and its board of directors and voting at its general assembly meetings without the second category (minority shareholders), especially the acquisitions and risks to the company. We find that the Egyptian legislator has created legal protection for a minority of these risks, by forcing the acquiring party to make a mandatory purchase offer for the remaining shares in the company, at least the highest rate of acquisition of the capital of the company, Nahina on the application of the principles of corporate governance and its importance

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Publication Date
Mon Sep 03 2018
Journal Name
Al-academy
Transformer Technician in Pop Art (Study in techniques of show)

The popular art movement emerged in the mid-fifties in Britain in parallel with its appearance in America.. It was linked to contemporary social reality and what distinguishes this art is the most sophisticated and less aesthetic means and the most blatant in the field of media, ie back to the image used in the media, journalism, magazines, television and photo Which reflect the reality of the neutral artist. This research included the methodological framework represented by the research problem that emerged from pop art as a new experimental vision that emerged in the twentieth century and the importance of the research and its objectives and limits and the definition of terms. The theoretical framework dealt with evolution Technology,

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Publication Date
Wed Oct 01 2014
Journal Name
Journal Of Economics And Administrative Sciences
Affect of Financial Development on Poverty in Iraq for the Period 1980-2010

There are many applied Economic studies that have found positive nexus between financial development and poverty reduction in developing countries. Iraq has witnessed an increasing rate of poverty during the period 1980-2010 due to many internal and external factors such as wars, economic sanctions, inflation, a high rate of unemployment, and political and security instability. Therefore, the investigation about the solutions to reduce poverty becomes very necessary, and enhancing the financial development in Iraq is one of these options. This is due to that the financial development could reduce the poverty rates through two channels: the first is direct via the offering of the loans and other financial facilities to the poor, a

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Publication Date
Sun Jan 01 2017
Journal Name
Al–bahith Al–a'alami
The Media Awareness for Students to Exceed the Terrorist Acts

      The research aims at showing the media awareness for Students, especially for the students of the preparatory schools through their following the mass media in forming the cultural, educational and political database. It also aims at building a content and prospectives that make them a wide awake stratum that safeguard the society which has faced huge effects of terrorist actions.

                 Furthermore, it aims at knowing to what extent that students have been acquainted with the printed and electronic newspapers. Finally, it aims at knowing to what extent that they are content with the mass media in covering and

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