Pub Date : 2022-03-30DOI: 10.35682/jjlps.v14i1.340
Amaal Abu Anzah, Saif Al-masarweh
Given the serious dangers of the Corona virus “covid 19” on human health and life and society in general, this study came to determine the scope of the criminal confrontation with this virus in Jordanian legislation, compared to French legislation, specifically the actions that threaten the safety of the others, such as exposing others to infection with the corona virus, and causing the transmission of infection to it, and refraining from disclosing the infection with this virus. The study concluded that the public health law is ineffective in facing the corona virus pandemic criminally. The defense orders for the year 2020 issued in accordance with the provisions of defense Law No. (13) of 1992 came in a way that expands the scope of the criminal and punitive provisions for the previous acts; and thus caused the transmission of infection to it. In light of this, the study concluded a number of suggestions, most importantly: The difference in the legislative treatment between the crimes of causing the transmission of infection to others, exposing others to infection and refraining from disclosing the injury in proportion to the gravity of each of them and its danger to public health, in addition to the gradual punishment between the intended and unintended crime, and expanding the scope of the capacity of the perpetrator in these crimes.
{"title":"The Criminal Confrontation Against the Coronavirus Pandemic in the Jordanian Legislation (A Comparative Study with French Legislation)","authors":"Amaal Abu Anzah, Saif Al-masarweh","doi":"10.35682/jjlps.v14i1.340","DOIUrl":"https://doi.org/10.35682/jjlps.v14i1.340","url":null,"abstract":"Given the serious dangers of the Corona virus “covid 19” on human health and life and society in general, this study came to determine the scope of the criminal confrontation with this virus in Jordanian legislation, compared to French legislation, specifically the actions that threaten the safety of the others, such as exposing others to infection with the corona virus, and causing the transmission of infection to it, and refraining from disclosing the infection with this virus. The study concluded that the public health law is ineffective in facing the corona virus pandemic criminally. The defense orders for the year 2020 issued in accordance with the provisions of defense Law No. (13) of 1992 came in a way that expands the scope of the criminal and punitive provisions for the previous acts; and thus caused the transmission of infection to it. In light of this, the study concluded a number of suggestions, most importantly: The difference in the legislative treatment between the crimes of causing the transmission of infection to others, exposing others to infection and refraining from disclosing the injury in proportion to the gravity of each of them and its danger to public health, in addition to the gradual punishment between the intended and unintended crime, and expanding the scope of the capacity of the perpetrator in these crimes.","PeriodicalId":270369,"journal":{"name":"Jordanian Journal of Law and Political Science","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127917306","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 : 2022-03-30DOI: 10.35682/jjlps.v14i1.343
Saad A. S. Abuelghanam
This paper studies the legal consequences that stem from a dictum declaring a patent invalidation when such a patent constitutes a share or part of a corporation’s capital according to the provisions of the following national laws: Civil code, Corporations Law, and Patents Law. Based on the timing of invalidation, the study addresses its subject in two main axises: The first is dedicated to invalidation before registering the corporation to become legal person and the second addresses the consequences of invalidation after the company had been registered and acquired its capacity as a legal personality. Therefore, the study concludes that the outcome of patent invalidation upon a corporation varies from the mere replacement of the patent with the monetary value allocated to the patent in the corporation’s contract, or the removal of that partner and changing the company’s title – especially in partnerships – to termination and, thus, liquidation of the corporation.
{"title":"Legal Consequences of Patent Invalidation Upon Corporation in the Jordanian Law","authors":"Saad A. S. Abuelghanam","doi":"10.35682/jjlps.v14i1.343","DOIUrl":"https://doi.org/10.35682/jjlps.v14i1.343","url":null,"abstract":"This paper studies the legal consequences that stem from a dictum declaring a patent invalidation when such a patent constitutes a share or part of a corporation’s capital according to the provisions of the following national laws: Civil code, Corporations Law, and Patents Law. Based on the timing of invalidation, the study addresses its subject in two main axises: The first is dedicated to invalidation before registering the corporation to become legal person and the second addresses the consequences of invalidation after the company had been registered and acquired its capacity as a legal personality. Therefore, the study concludes that the outcome of patent invalidation upon a corporation varies from the mere replacement of the patent with the monetary value allocated to the patent in the corporation’s contract, or the removal of that partner and changing the company’s title – especially in partnerships – to termination and, thus, liquidation of the corporation.","PeriodicalId":270369,"journal":{"name":"Jordanian Journal of Law and Political Science","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133623679","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 : 2022-03-30DOI: 10.35682/jjlps.v14i1.339
Mosleh Tarawneh, Jalal Alqhaiwi, Firas Al Malahmeh
This study examines the consent arbitral awards and the possiblity of applying to them the same conditions, rules and effects of ordinary arbitral awards. The study is divided into two main sections: Section one analyzes the legal framework of consent arbitral awards; their definition, purpose and the powers of arbitral tribunals to issue them as being originated from the parties’ consent. This is important in the light of some illegal practices of some disputants who may utilize such awards to cover such practices. The second section deals with the judicial review of consent awards either through annulment or enforcement proceedings under national arbitration laws and international conventions, and in particular the New York Convention of 1958 or the Washington Convention of 1965. This study concludes that the Consent Arbitral Awards play an active role in keeping the good relations between the disputants while having the same status and effects of ordinary arbitral awards. The study invites arbitral tribunals to play a more scrutinizing role of the settlement agreements before issuing the in-consent awards in order to avoid the misuse of the arbitral process as a cover of illegal practices.
{"title":"Consent Awards and the Supervisory Role of Judiciary: Analytical Comparative Study","authors":"Mosleh Tarawneh, Jalal Alqhaiwi, Firas Al Malahmeh","doi":"10.35682/jjlps.v14i1.339","DOIUrl":"https://doi.org/10.35682/jjlps.v14i1.339","url":null,"abstract":"This study examines the consent arbitral awards and the possiblity of applying to them the same conditions, rules and effects of ordinary arbitral awards. The study is divided into two main sections: Section one analyzes the legal framework of consent arbitral awards; their definition, purpose and the powers of arbitral tribunals to issue them as being originated from the parties’ consent. This is important in the light of some illegal practices of some disputants who may utilize such awards to cover such practices. The second section deals with the judicial review of consent awards either through annulment or enforcement proceedings under national arbitration laws and international conventions, and in particular the New York Convention of 1958 or the Washington Convention of 1965. This study concludes that the Consent Arbitral Awards play an active role in keeping the good relations between the disputants while having the same status and effects of ordinary arbitral awards. The study invites arbitral tribunals to play a more scrutinizing role of the settlement agreements before issuing the in-consent awards in order to avoid the misuse of the arbitral process as a cover of illegal practices.","PeriodicalId":270369,"journal":{"name":"Jordanian Journal of Law and Political Science","volume":"723 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116130680","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 : 2022-03-30DOI: 10.35682/jjlps.v14i1.338
Ismaeel Alhadidi
This study aims to compare the legal status of the United Nations Convention on the Carriage of Goods by Sea (Hamburg, 1978) (Hamburg Rules) before the Jordanian judge with its legal status before his French homologue. It is illustrated that the Jordanian judge is bound by the provisions of the Convention since his country became a party to it in 2001. Therefore, the Jordanian judge cannot ignore the criteria of applicability prescribed in Article 2 of the Convention. In addition, when the two parties to the contract designate the Convention as a governing law, it becomes applicable ex proprio vigore. While the French judge finds a leeway when called to pronounce on the applicability of the Convention due to the fact that France did not accede to it. That is why he treats it as a foreign legislation. In fact, the French judge does not give efficacity to the Convention except if his private international law does. This happens mainly when the two parties to the contract of carriage of goods choose the Convention as the law governing their contract. Such an agreementcan be construed as a raise of the limits of the responsibility of the carrier and his obligations whose validity is recognized by the French judge’s legislation. Furthermore, the French judge can give effect to the agreement on the basis of the notion of foreign overriding mandatory rules since his private international law allows him to do so.
{"title":"The Legal Status of the Convention on the Carriage of Goods by Sea in 1978 (Hamburg Rules) before the Jordanian Judge Compared to the French Judge","authors":"Ismaeel Alhadidi","doi":"10.35682/jjlps.v14i1.338","DOIUrl":"https://doi.org/10.35682/jjlps.v14i1.338","url":null,"abstract":"This study aims to compare the legal status of the United Nations Convention on the Carriage of Goods by Sea (Hamburg, 1978) (Hamburg Rules) before the Jordanian judge with its legal status before his French homologue. It is illustrated that the Jordanian judge is bound by the provisions of the Convention since his country became a party to it in 2001. Therefore, the Jordanian judge cannot ignore the criteria of applicability prescribed in Article 2 of the Convention. In addition, when the two parties to the contract designate the Convention as a governing law, it becomes applicable ex proprio vigore. While the French judge finds a leeway when called to pronounce on the applicability of the Convention due to the fact that France did not accede to it. That is why he treats it as a foreign legislation. In fact, the French judge does not give efficacity to the Convention except if his private international law does. This happens mainly when the two parties to the contract of carriage of goods choose the Convention as the law governing their contract. Such an agreementcan be construed as a raise of the limits of the responsibility of the carrier and his obligations whose validity is recognized by the French judge’s legislation. Furthermore, the French judge can give effect to the agreement on the basis of the notion of foreign overriding mandatory rules since his private international law allows him to do so.","PeriodicalId":270369,"journal":{"name":"Jordanian Journal of Law and Political Science","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127292898","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 : 2022-03-30DOI: 10.35682/jjlps.v14i1.331
Hamzeh Abu Shariah
The study aimed to identify the measurement and procedures taken by the Jordanian government to confront the emerging Corona Virus and prevent it from spreading among citizens. The importance of the study stems from analyzing the role of the Jordanian government's general policy in facing the emerging Corona Virus. The hypothesis of the study was that there was a correlation between the procedures taken by the government and the response to combat of Corona Virus. The main question of the study was: What is the general policy of the Jordanian government to confront the Corona Virus? In order to answer this question and to verify the validity of the hypothesis , the descriptive analytical and decision-making approach method were used. The study reached several conclusions, the most important of which are: First, the success of the government’s public policy was sufficient proof of the awareness of the governments that adopted it. Second, the objectives of the public policy are an expression of the goals of the state in general, hence the Jordanian governments had faced the disease competently. In light of these findings, it was clear that a number of precautions should be taken. These include The need to anticipate future events and prepare in advance for them; the need for all countries (governments) to cooperate in exchanging information about public concerns such as the Corona disease.
{"title":"The Jordanian Government Public Policy in Facing the Corona Virus (COVID 19)","authors":"Hamzeh Abu Shariah","doi":"10.35682/jjlps.v14i1.331","DOIUrl":"https://doi.org/10.35682/jjlps.v14i1.331","url":null,"abstract":"The study aimed to identify the measurement and procedures taken by the Jordanian government to confront the emerging Corona Virus and prevent it from spreading among citizens. The importance of the study stems from analyzing the role of the Jordanian government's general policy in facing the emerging Corona Virus. The hypothesis of the study was that there was a correlation between the procedures taken by the government and the response to combat of Corona Virus. The main question of the study was: What is the general policy of the Jordanian government to confront the Corona Virus? In order to answer this question and to verify the validity of the hypothesis , the descriptive analytical and decision-making approach method were used. The study reached several conclusions, the most important of which are: First, the success of the government’s public policy was sufficient proof of the awareness of the governments that adopted it. Second, the objectives of the public policy are an expression of the goals of the state in general, hence the Jordanian governments had faced the disease competently. In light of these findings, it was clear that a number of precautions should be taken. These include The need to anticipate future events and prepare in advance for them; the need for all countries (governments) to cooperate in exchanging information about public concerns such as the Corona disease.","PeriodicalId":270369,"journal":{"name":"Jordanian Journal of Law and Political Science","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128228707","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}
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