This research discussed the role of the UAE high courts in interpreting the legal texts governing the objective civil protection for the injured due to medical errors. It utilized many issued judgments and concluded the importance of these rulings in interpreting the legal texts provided in the relevant legislation. Also, it emphasized the impact of these provisions on the legislative amendments recently made by the UAE legislator, namely the Medical Liability Law No. 4 of 2016 and its Executive Regulation No. 40 of 2019. Although the UAE law does not follow the case law system, this study proved the commitment of the lower courts to the judicial principles issued by these higher courts. The first part highlighted the concept of medical errors in light of the trends of the judiciary. Also, it indicated the scope and nature of the responsibility of healthcare professionals. The part focused on developing the medical liability insurance system in the UAE and interpreting the UAE judiciary for the controls and effects of this insurance. The study concluded the importance of the role of relevant case law in making modern legislative amendments that meet the needs and requirements of health workers in the state.
Every mental action has a clear approach resulting from a sequence of thinking towards the goal to be achieved, and in order that the legal rule - to be developed - finds its acceptance by the highest degree criminal courts, and in order that it is adopted by the legislator, the criminal judge should adopt a certain methodology that matches his work. The developed judge is the one who keeps trying to harmonize the text with the new reality, and by doing this he may oppose the direction of the higher courts, but he convinces them through all the mental procedures and processes to show a “truth” on which the best solutions can be built.
The research is based on a statement of the effect and nature of the relationship of elements of promotional mix represented by (advertising, personal selling, sales promotion, public relations and direct marketing) as the independent variable in the dependent variable represented in the competitive advantage in the General Company for the manufacture of medicines and medical supplies Samarra. Analytical descriptive in the theoretical side, through the use of a number of literature from scientific sources (books, research and studies published in Arab and foreign magazines) was also relied on the methodology of the case study in the practical side, Data collection using the questionnaire tool, which was designed using the triangular Like
... Show MoreThe reliance damages for depending upon the contract are considered as a type of damages arising from the breach of the contract, which are included within the common law remedies for the damage and loss suffered by the non-breaching party. It is worth-bearing in mind that the reliance damages are monetary in nature, and different from such equitable remedies as the specific performance and the injunction which are of real nature. It is to be noted that this piece of research is dedicated to study the concept of the reliance damages in the English law, as well as their states, the judicial doctrines upon which this type of damages is based, and the manner how the courts estimate them. Compared with situation of the Iraqi civil law No. (4
... Show Moreتعد حرية الرأي من الحريات التي كفلت الدساتير والقوانين حمايتها وتتم ممارستها عبر وسائل الإعلام ،ولكن يجب أن تتم ممارسة هذه الحرية وفقاً لحدود معينة تتمثل بوجوب احترام حق الإنسان في المحافظة على خصوصياته وصورته وسمعته، فكما إن لوسائل الإعلام حرية ممارسة حقها في النشر والتعبير عن رأيها بكل صراحة فإن من الواجب عليها في مقابل ذلك مراعاة حقوق الآخرين وتجنب التشهير بهم وانتهاك خصوصياتهم،فإذا ما قامت وسائل ا
... Show MoreThe public rights and freedoms are important constitutional issues; hence, all countries confirm them within the constitutional and legal texts. The principle of equality is considered one of the fundamental principles of the public rights and freedoms; therefore, all authorities must sponsor equality and maintain it, even though it is difficult to achieve equality in absolute terms among all individuals. The constitutional courts use various concepts that affect their rulings, based on their interpretation and determination of the concept of the principle of equality, because there are several understandings of the “principle of equality”.
A careful reading of the judicial decisions reveals different meanings to the co
... Show MoreThe aim of the research is to identify the losses resulting from the terrorist operations and then find a proposed accounting treatment for the losses resulting from the terrorist operations and to indicate their impact on disclosure in the financial statements by reviewing the international standards and local rules and the unified accounting system and not dealing with these losses, Of the financial statements and therefore adversely affect the accounting disclosure as well as the weak commitment of economic units to apply the requirements of accounting measurement and disclosure of losses of terrorist operations in a manner consistent with local and international standards to achieve the Reliability in the financial statement.
he responsibility system has an important role in various international fields, including the area of the proliferation of small and light weapons, and the destabilization and imbalance that this proliferation causes causes and legal centers, because without them, the agreement rules have no impact and significance, given the guarantees decided by the responsibility to ensure respect for the obligations imposed by that system, Every action that violates the provisions of international law, whether it comes to a simple violation of an international obligation or a violation of a fundamental obligation that affects the interests of the international community requires the accountabilit
... Show Moreتكفل الدساتير الملكية العامة للمواطنين جميعاً (1)، كما تصون الملكية الخاصة (2)، والملاحظ بجلاء أن الدستور في اطار حمايته للملكية العامة والخاصة يطلقهما دون مقيد، ويعممهما دون مخصص، ومؤداه أن الأصل هو ضمان الملكية بنطاقها الشخصي والموضوعي المطلق أما الاستثناء عليهما يستوجب التصريح ولا تغني الدلالة أو التأويل دون نص مخصص أو مقيد يرد في الدستور، مما يتطلب من القضاء الدستوري أن يبسط ولايته على حماية
... Show MoreThe unprecedented technological development the world witnesses nowadays has been providing brilliant medical service to the human being including examination, diagnosis and the treatment or follow up.
However , such works hide behind potential risks treating people's lives and such risks my be discovered within the limits of now –how and technical knowledge prevailing the time of rendering the medical service.
So that pay attention, Also this the question is raised on how to keep up between the safety of the patients and such risks are being un known by the provider and questioning them contradicts the justices subsequently can the patients) acquire the compensation? The answer to such question is the basis of th
... Show MoreThis research aims to present a proposed model for disclosure and documentation when performing the audit according to the joint audit method by using the questions and principles of the collective intelligence system, which leads to improving and enhancing the efficiency of the joint audit, and thus enhancing the confidence of the parties concerned in the outputs of the audit process. As the research problem can be formulated through the following question: “Does the proposed model for disclosure of the role of the collective intelligence system contribute to improving joint auditing?”
The proposed model is designed for the disclosure of joint auditing and the role
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