تختلف الكليات المتخصصة بدراسة علم القانون في الدول العربية في تسمية المؤسسة التعليمية التي تتولى تدريس علم القانون، فالبعض يطلق عليها كلية القانون والبعض الآخر يطلق عليها كلية الحقوق. هنا يثار التساؤل أيهما أصح؟ هذا ما سنحاول الإجابة عليه في بحثنا هذا
Praise be to God, prayer, and peace be upon the Messenger of Allah and his God and his companions. The field of the judiciary to prove or invalidate some cases in the field of proof of descent and attachment to the plaintiff or exile, and other legal and judicial issues, especially in this era where the spread of previously unknown evidence, such as DNA, which was discovered in 1953, and the genetic fingerprint discovered 1984, blood analysis and a Saliva, sweat, poetry, etc. in the field of forensic evidence, in forensic medicine or medical expertise, it can be used to identify the killer, or verify his identity, using all the evidence in the scene, such as a point of blood or sweat, and the like So, as well as to prove the lineage is u
... Show Moreعندما تم اختراع السيارة، لم يكن يدر في خلد أفراد المجتمع الأمريكي أن هنالك مطاردات سوف تحصل بين أفراد الشرطة من جهة، وبين المشتبه بهم في محاولة منهم للفرار من الشرطة من جهة اخرى، وذلك عن طريق استخدام السرعة المفرطة والتي قد تكون متهورة في بعض الأحيان. ولكن لسوء الحظ فأن مثل هذه المطاردات التي تتم في الشوارع الرئيسية للمدينة وكذلك الشوارع الفرعية أصبحت أمرا حقيقيا وليس مجرد مادة خيالية يتم افتعالها على شاشات ا
... Show Moreيتناول البحث جزاء الاخلال بالوعد بالتعاقد في ضوء تعديل القانون المدني الفرنسي بموجب المرسوم رقم 131 لسنة 2016
Sort out the stability of the principle of separation of power to stabilize the rules for the distribution of power to the three state authorities (legislative, executive and Judicial), this, in turn led to emergence of the principle of legislative unilateralism, which means that the legislative authority is unique and not the other by exercising legislative competence, except with the permission of the legislative or the provisions of the constitution, this led to the emergence of what is known as the traditional relationship between law and regulation. However, this principle began to lose it, severity due the political, social and economic condition which changed the relationship between the law and the regulation, consequently, the l
... Show MoreThe Standard of reasonableness is considered as one of the objective standards adopted by the English Common law, to determine the standard of the care to be taken by the debtor of the obligation. And to ascertain the realization of the civil liability of negligence, the materialization of which requires four conditions. That is to say, the imposition of the duty of care to the defendant, the beach of the duty of care, the damage befalling the plaintiff, and the causation or causal link between the tort of negligence and the damage. It is also worth-bearing in mind that the forms of the Standard of reasonableness are variate in the English law to meet the different circumstances arising from the variation o
... Show MoreThis research addresses the commentary on the appeal’s ruling of the Dubai Court of Cassation No. (501) Personal Status law of 2021 issued on 12 January, 2022, which is related to the application of foreign law before the Emirate judge. This ruling raised several legal principles and problems that require clarification and attention due to their importance. This is the first ruling on the application of the legislative amendment introduced by the UAE legislator to Article 1 (3) of the Personal Status Law No. (28) of 2005 by Federal Decree Law No. (29) of 2020. According to thereto, the application of foreign law before the Emirate judge is contingent on the adherence of one of the litigants by applying it in accordance with the attribu
... Show MoreConsidering that migration is moving to live from one place to another, with an intention in the place that was intended for a long time, due to the frequent movement of individuals from one place to another, and due to the different purpose of migration, we find external migration classified into legalized and irregular migration, and the reasons The growth of illegal immigration is due to economic, social, and psychological motives, and therefore we find that it has multiple effects, both on the country hosting immigrants in terms of economic, security, social and health terms, or on the level of organizing international relations between countries, so countries sought to mitigate this phenomenon and deal with immigrants As stipu
... Show MoreThis study is about the subject of exclusion of the application of foreign law as it violates the Islamic Sharia law in terms of Article (27) of the UAE Civil Transactions Law as amended in 2020, which before that date included all disputes involving a foreigner. According to the amendment referred to, the application of Islamic Sharia law shall be limited to civil transactions with the exclusion of personal status affairs.
The study concluded with many results, the most important of which is that the current text of Article (27) of the Civil Transactions Law as amended in 2020 is unable to explain what the judge may do in cases where the foreign law jurisdiction is referred to in one of the excluded texts, namely those related t
... Show MoreThe bailment is one of the well-established legal systems of the English common law, and which included the distinguished characteristics of both the law of contract and the law of property. It is worth-mentioning that this legal system has acquired those common features of these two prominent legal systems, which form an important part of the common law. By the judicial precedents made by English courts. And these precedents have adopted two different and divergent attitudes towards the qualification of the legal nature of bailment in English law . Whereas the Iraqi civil law No. (40) of 1951 regulated the legal rules of the bailment, considering it as a real contract, the conclusion of which requires the availability of four basic elem
... Show MoreThe present study aimed to investigate the effect of re-operations engineering business in continuous improvement, as the rapid development of service activities generally private and the great diversity in the goals of its operations and programs of the university and the service has led to the increasing importance of re-operations engineering business as well as continuous improvement so began to study the relationship between the re engineering and continuous improvement of university service, and applied study on a sample of professors from the faculties of administration, economics and law. Find and reach to several conclusions, notably that the preparation of the teaching staff training sessions on how to use modern teaching
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