Pub Date : 2022-11-30DOI: 10.15849/zujjls.221130.10
Lina AL-banna
Abstract This study tackled legal responsibility of limited liability company’s director, by explaining the nature of limited liability company, the way of appointing its director, and defining his/her duties and powers towards the company. The key problem of the study examines the extent of the civil and penal responsibility of the Director or the board of directors towards the company. For this purpose, the study adapted both descriptive and analytical approach to analyze texts of the articles. This research concluded that, on the one hand, limited liability companies are of a mixed nature, and that, on the other hand, the responsibility that rests on the director or the board of directors is not limited to civil responsibility; there is a penal responsibility as well if they commit acts that constitute a crime which is punishable. Therefore, they will be subject to the Penal Code, the Companies Law, or any other law during their work period. The study concluded with recommendations, the most important of which is that a supervisory board must be established to manage the company in case of negligence or error, which led to the company reaching a debt loss of 50% and obliging the director or the board of directors jointly to pay the company’s debts if their negligence or fraud is proven. Keywords: Limited Liability Company, Legal Liability, Partner, Company’s Manager
{"title":"Legal Responsibility of Limited Liability Company’s Director","authors":"Lina AL-banna","doi":"10.15849/zujjls.221130.10","DOIUrl":"https://doi.org/10.15849/zujjls.221130.10","url":null,"abstract":"Abstract This study tackled legal responsibility of limited liability company’s director, by explaining the nature of limited liability company, the way of appointing its director, and defining his/her duties and powers towards the company. The key problem of the study examines the extent of the civil and penal responsibility of the Director or the board of directors towards the company. For this purpose, the study adapted both descriptive and analytical approach to analyze texts of the articles. This research concluded that, on the one hand, limited liability companies are of a mixed nature, and that, on the other hand, the responsibility that rests on the director or the board of directors is not limited to civil responsibility; there is a penal responsibility as well if they commit acts that constitute a crime which is punishable. Therefore, they will be subject to the Penal Code, the Companies Law, or any other law during their work period. The study concluded with recommendations, the most important of which is that a supervisory board must be established to manage the company in case of negligence or error, which led to the company reaching a debt loss of 50% and obliging the director or the board of directors jointly to pay the company’s debts if their negligence or fraud is proven. Keywords: Limited Liability Company, Legal Liability, Partner, Company’s Manager","PeriodicalId":151237,"journal":{"name":"Al-Zaytoonah University of Jordan Journal for Legal Studies","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115342217","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-30DOI: 10.15849/zujjls.221130.03
M. Smadi, Doha AL-Majali
Abstract This study aims to demonstrate the authority of the judge for interpretation; in particular with regard to elements set out by the legislator in the text of the article (239/2) of the Jordanian Civil Code. The judge may find, after presenting the contract before him/her to determine its content, that some of the contract’s terms need an interpretation; particularly that the interpretation leads to defining each contracting party’s obligations, and aims to reach the appropriate and most beneficial solution from a social perspective. In the conclusion of this study, researchers have reached several results, the most important of which, is that the judge must consider the plain meaning when interpreting the contract’s explicit term without deviating to the subtext. The study calls for restructuring of article 239 of the Jordanian Civil Code to be more explicit and comprehensive. Keywords: contract interpretation, judge's power to interpret, contract terms, content of the contract
{"title":"The Authority of the Judge to Interpret the Contract","authors":"M. Smadi, Doha AL-Majali","doi":"10.15849/zujjls.221130.03","DOIUrl":"https://doi.org/10.15849/zujjls.221130.03","url":null,"abstract":"Abstract This study aims to demonstrate the authority of the judge for interpretation; in particular with regard to elements set out by the legislator in the text of the article (239/2) of the Jordanian Civil Code. The judge may find, after presenting the contract before him/her to determine its content, that some of the contract’s terms need an interpretation; particularly that the interpretation leads to defining each contracting party’s obligations, and aims to reach the appropriate and most beneficial solution from a social perspective. In the conclusion of this study, researchers have reached several results, the most important of which, is that the judge must consider the plain meaning when interpreting the contract’s explicit term without deviating to the subtext. The study calls for restructuring of article 239 of the Jordanian Civil Code to be more explicit and comprehensive. Keywords: contract interpretation, judge's power to interpret, contract terms, content of the contract","PeriodicalId":151237,"journal":{"name":"Al-Zaytoonah University of Jordan Journal for Legal Studies","volume":"174 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122991959","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-30DOI: 10.15849/zujjls.221130.04
Moh’d Alflaieh
Abstract Electronic fraud is a criminal behavior that is implemented in whole or in part by electronic means, and uses Internet components such as e-mail, chat rooms or websites, and aims to seize the money of others by fraud and deception. Accordingly, the Jordanian legislator did not criminalize electronic fraud as in the ordinary crime of fraud in the Penal Code in Article (417). However, it emphasized in Article (15) of the Electronic Crimes Law No. 27 of 2015 that any person committing any crime stipulated in Jordanian legislation by using any electronic means shall be subject to the same penalty stipulated in that legislation. Therefore, this study explains the crime of electronic fraud by clarifying its definition, characteristics, similarities and differences, and ordinary crime of fraud, then explains its pillars by clarifying its legal, material and moral pillar, and the penalties prescribed for this crime under Jordanian laws. Keywords: electronic fraud: the crime of electronic fraud, electronic commerce, the Internet
{"title":"Electronic Fraud in the Context of E-Commerce under Jordanian Legislation","authors":"Moh’d Alflaieh","doi":"10.15849/zujjls.221130.04","DOIUrl":"https://doi.org/10.15849/zujjls.221130.04","url":null,"abstract":"Abstract Electronic fraud is a criminal behavior that is implemented in whole or in part by electronic means, and uses Internet components such as e-mail, chat rooms or websites, and aims to seize the money of others by fraud and deception. Accordingly, the Jordanian legislator did not criminalize electronic fraud as in the ordinary crime of fraud in the Penal Code in Article (417). However, it emphasized in Article (15) of the Electronic Crimes Law No. 27 of 2015 that any person committing any crime stipulated in Jordanian legislation by using any electronic means shall be subject to the same penalty stipulated in that legislation. Therefore, this study explains the crime of electronic fraud by clarifying its definition, characteristics, similarities and differences, and ordinary crime of fraud, then explains its pillars by clarifying its legal, material and moral pillar, and the penalties prescribed for this crime under Jordanian laws. Keywords: electronic fraud: the crime of electronic fraud, electronic commerce, the Internet","PeriodicalId":151237,"journal":{"name":"Al-Zaytoonah University of Jordan Journal for Legal Studies","volume":"83 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127190976","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：