There is no doubt that the exploitation of the ship in navigation requires large expenditures make their owners or processors in constant need to borrow from third parties for the purpose of maintenance of the vessel or processing with supplies and fuel or by providing them with tasks and equipment necessary for the exploitation of ship , and since all the money the debtor is general guarantee to meet its debts , but the creditor You may not get the full right, as other creditors could challenge him where the money is shared on all creditors of the debtor, the existence of public security does not distinguish between the creditors, the debtor may also sometimes smuggled money creditor is not able to get right.
In order to this , For this legislator has decided on the rights of creditors of the owners of the ship through insurance-kind accessory that enables them to get right before other creditors and ensure the fulfillment of their rights first before ordinary creditors, he decided to privilege and the mortgage the ship for the benefit of creditors bonded, so to them in case of non-fulfillment debtor religion the right to progress to meet their debts before other ordinary creditors the right to follow the ship in any hand be, has provided the legislator legal means to maintain the rights of creditors of the owner or equipped ship and to protect them from the debtor's business and smuggling ship to out of state by filing booking the ship, such as privilege and the mortgage the ship Executive on the ship.
In this paper, entitled rights in rem arising from the ship divided the subject into two parts in the first I study maritime privilege rights on the ship legal implications between contractors and the order of degrees of, privilege rights and how the expiration of the, privilege rights and in the second section dealt with the right of mortgage on the ship and the legal implications between contractors and the expiration of the mortgage Marine and Conclusion In the end, with some of the Recommendation.
The dependency means the existence of a subordinate to whom a dependant is attached and extends his judgment to him, being and nothing, Dependency has elements that must be available to achieve the dependency relationship, which is the existence of dependent and master with a link join the first to the second, and dependency may be between two obligations, between two rights, or between two things, And we suggested the nature of the obligation as a criterion for verifying the existence of dependency , Which requires the subordinate's attachment to the master with a permanent fateful bond so that one of them does not separate from the other, for the existence of the follower is associated with the existence of the master and it does not e
... Show MoreThe administration concludes two types of civil and administrative contracts, each of which is subject to its own system, and the administrative contract is characterized by a set of exceptional powers towards the contractor in order to compel him to implement his obligations
And that administrative contracts require a large financial and technical possibility to implement them, especially contracts that focus on strategic projects, including general contracting contracts
Which is based on the technical competence and merit of the contractor, and accordingly, delay in the implementation of contractual obligations or negligen
... Show Moreالحقوق والحريات السياسية " دراسة مقارنة بين المواثيق الدولية والشريعة الاسلامية"
The ultimate goal of any sale contract is to maximize the combined returns of the parties, knowing that these returns are not realized (in long-term contracts) except in the final stages of the contract. Therefore, this requires the parties to the contract to leave some elements open, including the price, because the adoption of a fixed price and inflexible will not be appropriate to meet their desires when contracting, especially with ignorance of matters beyond their will and may affect the market conditions, and the possibility of modifying the fixed price through The elimination is very limited, especially when the parties to the contract are equally in terms of economic strength. Hence, in order to respond to market uncertainties, t
... Show More
Controls Scanning on the slippers a study fiqhiat Comparison
The subject of this research is an important topic, which is frequently repeated, and people need to know its wisdom, and has made it in front and the preface and three detectives, showed through discussion the meaning of the survey on the socks, its wisdom, its rules and conditions, and the duration of the survey on it, spoiled and reasoned and compared to the doctrinal doctrines, And the most correct statement of words I have concluded with a number of things, as follows:
- The need to ensure that the slippers are clean, visible and inwa
ان الهدف النهائي لاي عقد بيع هو تعظيم العوائد المشتركة لطرفيه، علما ن هذه العوائد لا تتحقق (في العقود طويلة الاجل) الا في المراحل الاخيرة من العقد. وبالتالي فان هذا الامر يفرض على اطراف عقد البيع ترك بعض عناصره مفتوحة ومنها الثمن، لان اعتماد ثمن ثابت وغير مرن لن يكون ملائما لتلبية رغباتهم عند التعاقد لاسيما مع جهلهم بالمسائل الخارجة عن ارادتهم والتي قد تؤثر على ظروف السوق، كما ان امكانية تعديل الثمن الثابت عن ط
... Show MoreThe safety of state may be threatened by the exceptional circumstances such as the wars and normal disasters. Those circumstances make the state unable to protect the general system by using public rules. So the authority of control organization should expand to control such circumstances. Those authorities should report hasty and definitive steps to encounter such issues. The exceptional circumstances may directly affect the personal rights and freedom that were warranted by the constitution. So the legislator should determine the constraints that were adopted upon them and showed the guarantees of those liberties in order to avoid the unfair decisions and orders.
ليس ثمة شك في أن المصالح الضرورية هي ما يضطر إليها الخلق لتنظيم معاشهم وحفظ معادهم ، فإذا اختل أحد هذه المصالح أختل نظام المصالح ، وحلت الفوضى محل التوازن بقدر هذا الاختلال ، وظاهر من هذا الامر أن هذه المصالح لها تعلقان ، تعلق بحفظ مصالح الفرد ، وتعلق بحفظ مصالح المجتمع ، والمصلحة العامة في الشريعة مقدمة على المصلحة الخاصة عند التعارض.
وشُرعت الاحكام لتحقيق هذه المصالح فهي مصال
... Show More