In this research, we discuss the smart contracts, legal acts, Block Chain rules and their scope, the legal problems that they arise, and how the theory of contracts has been developed accordingly. At the current time, the smart contracts, specially those relating to Block chain rules and cryptocurrency trading, are creating a radical transformation where the conventional language has fallen back and a new and unique phenomenon, known as the language of codes, has emerged. Thus, the digital relationships performed within smart contracts raise several questions. Hence, the question arises here: to what extent these contracts need a specific legislation to address all the problems that they pose?
{"title":"SMART CONTRACTS AND LEGAL ACTS THE EVOLUTION OF THE THEORY OF CONTRACTS","authors":"Ibrahim Abo Alil, Mahmoud Melhem","doi":"10.54729/zkrx8359","DOIUrl":"https://doi.org/10.54729/zkrx8359","url":null,"abstract":"In this research, we discuss the smart contracts, legal acts, Block Chain rules and their scope, the legal problems that they arise, and how the theory of contracts has been developed accordingly. At the current time, the smart contracts, specially those relating to Block chain rules and cryptocurrency trading, are creating a radical transformation where the conventional language has fallen back and a new and unique phenomenon, known as the language of codes, has emerged. Thus, the digital relationships performed within smart contracts raise several questions. Hence, the question arises here: to what extent these contracts need a specific legislation to address all the problems that they pose?","PeriodicalId":408531,"journal":{"name":"BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية","volume":"75 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131458252","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}
The women, peace, and security (WPS) agenda is considered by many a feminist international agenda. This note argues that the contrary. This note will attempt to argue that the WPS agenda may in fact undermine the global international law feminist movement as opposed to furthering it. The view in this article is that WPS agenda is in fact a human rights positive law carve out dressed as a feminist carve out.
{"title":"WPS AND FEMINISM: POSITIVISM, MILITARY DICTATORSHIPS, AND REVOLUTIONARIES","authors":"Taher Benany","doi":"10.54729/pcyr7730","DOIUrl":"https://doi.org/10.54729/pcyr7730","url":null,"abstract":"The women, peace, and security (WPS) agenda is considered by many a feminist international agenda. This note argues that the contrary. This note will attempt to argue that the WPS agenda may in fact undermine the global international law feminist movement as opposed to furthering it. The view in this article is that WPS agenda is in fact a human rights positive law carve out dressed as a feminist carve out.","PeriodicalId":408531,"journal":{"name":"BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132103842","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 : 2022-07-30DOI: 10.4324/9781843143086-48
سارة زين
The theory of Estoppel, originating in common law, also draws its sources from the continental law system since the Digest of Justinian and the Majala of the Ottoman Era. There was already the rule “ venire contra factum proprium nulli conceditur” and the prohibition against going against one’s own act. The entrenchment of estoppel in English and American Law covers the absence of a general principle of good faith in contractual matters. It has an exclusive defensive function, however in American and Australian laws it is possible to use the mechanism of estoppel in an offensive way, which is based on an idea that a party must not allow damage to increase if he could reasonably attenuated it.
{"title":"ESTOPPEL","authors":"سارة زين","doi":"10.4324/9781843143086-48","DOIUrl":"https://doi.org/10.4324/9781843143086-48","url":null,"abstract":"The theory of Estoppel, originating in common law, also draws its sources from the continental law system since the Digest of Justinian and the Majala of the Ottoman Era. There was already the rule “ venire contra factum proprium nulli conceditur” and the prohibition against going against one’s own act. The entrenchment of estoppel in English and American Law covers the absence of a general principle of good faith in contractual matters. It has an exclusive defensive function, however in American and Australian laws it is possible to use the mechanism of estoppel in an offensive way, which is based on an idea that a party must not allow damage to increase if he could reasonably attenuated it.","PeriodicalId":408531,"journal":{"name":"BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132257741","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}
Evidence is that the crime was committed and attributed to the perpetrator and this is done through evidence that is examined and verified by the Public Prosecutor's Office in preparation for submission to the courts. Originally, different kinds of crimes may be proved by all means of evidence, except by special provision. The law confers on the criminal judge extensive power to choose the methods leading to the disclosure of the truth and to assess the evidence in order to investigate whether or not the crimes are established. Evidentiary methods have been affected by the evolution resulting from the information and technology revolution the compatibility between the evidence nature and the crime nature from which the development of a new type of evidence in line with the nature of information technology offences was generated, This is known as digital evidence, because traditional physical evidence has fallen short of the requirements for detecting crimes created. This has driven the search for a new type of evidence that is compatible with cyberspace. And this has led many evidence to legislate electronic evidence. The latter joined the list of evidence materials to support it and supplement it as a criminal means of evidence. The Digital evidence is often adopted either to establish an informational crime, or for an offence for which information means have been adopted This study examines the position of Lebanese legislators on digital evidence, particularly through Law No. 81/2018 on electronic transactions and personal data, and compares it with the experience of Egyptian legislators in the light of Law No. 175 of 2018 on combating IT crimes, addressing the latest judicial decisions issued by the Court of Cassation in Egypt.
{"title":"Digital Criminal Evidence in Traditional Crime","authors":"دارين صقر","doi":"10.54729/qhcj6783","DOIUrl":"https://doi.org/10.54729/qhcj6783","url":null,"abstract":"Evidence is that the crime was committed and attributed to the perpetrator and this is done through evidence that is examined and verified by the Public Prosecutor's Office in preparation for submission to the courts. Originally, different kinds of crimes may be proved by all means of evidence, except by special provision. The law confers on the criminal judge extensive power to choose the methods leading to the disclosure of the truth and to assess the evidence in order to investigate whether or not the crimes are established. Evidentiary methods have been affected by the evolution resulting from the information and technology revolution the compatibility between the evidence nature and the crime nature from which the development of a new type of evidence in line with the nature of information technology offences was generated, This is known as digital evidence, because traditional physical evidence has fallen short of the requirements for detecting crimes created. This has driven the search for a new type of evidence that is compatible with cyberspace. And this has led many evidence to legislate electronic evidence. The latter joined the list of evidence materials to support it and supplement it as a criminal means of evidence. The Digital evidence is often adopted either to establish an informational crime, or for an offence for which information means have been adopted This study examines the position of Lebanese legislators on digital evidence, particularly through Law No. 81/2018 on electronic transactions and personal data, and compares it with the experience of Egyptian legislators in the light of Law No. 175 of 2018 on combating IT crimes, addressing the latest judicial decisions issued by the Court of Cassation in Egypt.","PeriodicalId":408531,"journal":{"name":"BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115212697","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}
It is possible to distinguish between a number of persons where the crime is conducted by their behavior, based on the conduct of one of them, and whether this conduct fulfills the crime as described by law, or at least part of it, or on the contrary, it may appear outside the prescribed description of the crime. In the first case the person participating in the crime is called the perpetrator. This perpetrator is the one who, by his conduct, fully or partially commit the crime as described in the law. In the second, the partner, who contributes to the crime by a conduct not described by law even if it is related to the conduct described in law, because it is an agreement, incitement or assistance to it. The Egyptian law distinguished between the perpetrator and the partner in the crime, as the Penal Code dealt with the issue of criminal participation in detail, by stipulating the forms of criminal participation that are supposed to be available to determine whether or not to participate, and also referred to the elements of the act of criminal participation that lead to accountability of the partner in the crime. In addition to his interest in invoking the intent of the accomplice in the crime, while the Syrian and Lebanese law distinguished between the perpetrator and the accomplice on the one hand, and the intervening person on the other.In this study, we will address the issue of criminal contribution from the point of view of the Egyptian legislator, while comparing it with the Lebanese and Syrian laws to show the extent of compatibility or inconsistency in the stipulated provisions, using legal and jurisprudential references, as well as presenting many judgments and jurisprudence issued by The Egyptian Court of Cassation since its establishment with the aim of serving the study and enriching the facts and information contained therein.
{"title":"Objective framework for the Provisions of criminal contribution(Comparative study)","authors":"رتيل تركي الدرويش","doi":"10.54729/mrwa1796","DOIUrl":"https://doi.org/10.54729/mrwa1796","url":null,"abstract":"It is possible to distinguish between a number of persons where the crime is conducted by their behavior, based on the conduct of one of them, and whether this conduct fulfills the crime as described by law, or at least part of it, or on the contrary, it may appear outside the prescribed description of the crime. In the first case the person participating in the crime is called the perpetrator. This perpetrator is the one who, by his conduct, fully or partially commit the crime as described in the law. In the second, the partner, who contributes to the crime by a conduct not described by law even if it is related to the conduct described in law, because it is an agreement, incitement or assistance to it. The Egyptian law distinguished between the perpetrator and the partner in the crime, as the Penal Code dealt with the issue of criminal participation in detail, by stipulating the forms of criminal participation that are supposed to be available to determine whether or not to participate, and also referred to the elements of the act of criminal participation that lead to accountability of the partner in the crime. In addition to his interest in invoking the intent of the accomplice in the crime, while the Syrian and Lebanese law distinguished between the perpetrator and the accomplice on the one hand, and the intervening person on the other.In this study, we will address the issue of criminal contribution from the point of view of the Egyptian legislator, while comparing it with the Lebanese and Syrian laws to show the extent of compatibility or inconsistency in the stipulated provisions, using legal and jurisprudential references, as well as presenting many judgments and jurisprudence issued by The Egyptian Court of Cassation since its establishment with the aim of serving the study and enriching the facts and information contained therein.","PeriodicalId":408531,"journal":{"name":"BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية","volume":"187 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116345320","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}
In periods of crisis, financial obligations become a continuing issue, mainly with regard currency depreciation or high inflation. Recently, a financial obligation has been defined as a legal obligation to pay a sum of a certain amount of money. However, these obligations can be flawed in terms of unfairness towards one of the two contracting parties. Therefore, the French, German and Anglo-Saxon jurisdictions have proposed incorporating an indexation clause called the "monetary valuation principle.” This means that the sum of returned money must be reevaluated on the return day according to indices stipulated previously in the contract between the two signatory parties. In this article, we are discussing this issue from the perception of Kuwaiti law.
{"title":"THE EFFECT OF CHANGING THE MONEY VALUE ON THE CONTRACTUAL OBLIGATIONS","authors":"محمود ملحم","doi":"10.54729/jwzd9199","DOIUrl":"https://doi.org/10.54729/jwzd9199","url":null,"abstract":"In periods of crisis, financial obligations become a continuing issue, mainly with regard currency depreciation or high inflation. Recently, a financial obligation has been defined as a legal obligation to pay a sum of a certain amount of money. However, these obligations can be flawed in terms of unfairness towards one of the two contracting parties. Therefore, the French, German and Anglo-Saxon jurisdictions have proposed incorporating an indexation clause called the \"monetary valuation principle.” This means that the sum of returned money must be reevaluated on the return day according to indices stipulated previously in the contract between the two signatory parties. In this article, we are discussing this issue from the perception of Kuwaiti law.","PeriodicalId":408531,"journal":{"name":"BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية","volume":"637 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116084121","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}
The research contains a comparative study between the Tunisian law and some Arab legislations concerning the role of “ judicial administrator” , to assist financially distressed business in re-construction operation, in order to avoid being subject to declaration of bankruptcy. The research analyze the development of Arab legislations from the traditional vision of bankruptcy and its restrictive rules, to the most recent vison, and its collaborative rules aiming to rescue financially distressed business. The comparative study analyses legal rules concerning the authority and requirements of appointing the judicial administrator
{"title":"Judicial administrator and Restructuring businesses in financial difficulties (Tunisian Law & Arab legislations)","authors":"آمال عبدالله","doi":"10.54729/xkst2409","DOIUrl":"https://doi.org/10.54729/xkst2409","url":null,"abstract":"The research contains a comparative study between the Tunisian law and some Arab legislations concerning the role of “ judicial administrator” , to assist financially distressed business in re-construction operation, in order to avoid being subject to declaration of bankruptcy. The research analyze the development of Arab legislations from the traditional vision of bankruptcy and its restrictive rules, to the most recent vison, and its collaborative rules aiming to rescue financially distressed business. The comparative study analyses legal rules concerning the authority and requirements of appointing the judicial administrator","PeriodicalId":408531,"journal":{"name":"BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122892788","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}
The Military Judiciary in Lebanon is specialized in dealing with the most sensitive cases and crimes related to state security, namely terrorism, treason and espionage, which civilians often commit. The Military Judiciary is also specialized in other crimes usually committed by civilians, such as firearms crimes and attacks on security and military forces. This qualitative power of the military judiciary, as well as its personal power, affect civilians and prompt the question about the guarantees the defendant enjoys before this judiciary in order to benefit from a fair trial. This is the problem posed by this study, which attempts to show the degree to which the defendant enjoys these guarantees in all stages of criminal prosecution before the military court; that is the stage prior to the public trial, (which includes the stages of the primary investigation, the interrogation), and the stage of the public trial.
{"title":"Guarantees of a fair Trial before the Military Court","authors":"نجاة ابوشقرا","doi":"10.54729/ffrh6748","DOIUrl":"https://doi.org/10.54729/ffrh6748","url":null,"abstract":"The Military Judiciary in Lebanon is specialized in dealing with the most sensitive cases and crimes related to state security, namely terrorism, treason and espionage, which civilians often commit. The Military Judiciary is also specialized in other crimes usually committed by civilians, such as firearms crimes and attacks on security and military forces. This qualitative power of the military judiciary, as well as its personal power, affect civilians and prompt the question about the guarantees the defendant enjoys before this judiciary in order to benefit from a fair trial. This is the problem posed by this study, which attempts to show the degree to which the defendant enjoys these guarantees in all stages of criminal prosecution before the military court; that is the stage prior to the public trial, (which includes the stages of the primary investigation, the interrogation), and the stage of the public trial.","PeriodicalId":408531,"journal":{"name":"BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية","volume":"240 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113999915","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}
{"title":"OBLIGATIONS OF THE ALIAS AGENT IN THE AGENCY OF HARNESS (A COMPARATIVE STUDY)","authors":"فداء حسن محمد الدشتكي","doi":"10.54729/2958-4884.1066","DOIUrl":"https://doi.org/10.54729/2958-4884.1066","url":null,"abstract":"","PeriodicalId":408531,"journal":{"name":"BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية","volume":"88 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121624757","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}
{"title":"THE NULLITY IN TUNISIAN CORPORATE LAW AND THE PROTECTION OF THIRD PARTIES","authors":"Professeure Amel mohamed mamlouk","doi":"10.54729/2958-4884.1067","DOIUrl":"https://doi.org/10.54729/2958-4884.1067","url":null,"abstract":"","PeriodicalId":408531,"journal":{"name":"BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129009220","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：