Arab Researcher

Distinction Problem Between Fictitious Contracting Using Somebody’s Name and Pseudonym (Analytical Applied Comparative Study)

2024-02-01T09:40:56+02:00

If the freedom of contracting is fundamental، any person، in accordance with legal regulations، may enter into what he wants of contracts to achieve benefits. However، the person seeking a material or moral benefit may not enter into the contract himself، and may resort for the sake of it to a third party، either to conclude a contract on his behalf، in the name of the third person and in an agency that may be obvious or veiled. Or، to contract through such third party without the agency، in agreement with the other side، so that the third party may have no role in the conclusion of the contract، but having his name mentioned in the contract.

We have addressed in this study the distinction problem between simulated contracting using somebody's name or pseudonym، where we have defined each of them، and dealt with the standard and the effects of the distinction between them.

This study was completed by setting up clear difference between these two systems and that they are not one thing. What we have proposed is also included at the end of this search.

The Crime of Customs Smuggling in Iraqi Legislation

2024-02-01T09:56:45+02:00

There are some behavioral patterns that differ from one society to another, and also differ according to the stage that that society is going through. The legislator decides to criminalize them and regulate them in laws of their own, especially since the penal code may contain a large number of crimes, and these laws do not follow the penal laws, but rather are independent of them. From a legislative perspective, if there is ambiguity or deficiency in these special laws, the judge can refer to the general laws, and this applies to the subject of this study. Whereas the act of smuggling is intended to be the process of bringing goods into the country or taking them out of it in violation of the provisions of the law without paying customs taxes, duties or other taxes or contrary to the prohibition and restriction provisions contained in the law. Smuggling, according to the previous description, has two parts, one of which is economic and social, represented by the introduction Goods or taking them out of the country in violation of the restriction and prohibition provisions contained in the law, and another with a financial aspect, which is non-payment of legal fees or taxes. The legislator chooses a specific way to achieve this goal in a way that is consistent with the state’s policy in achieving the goals required by the process of preserving the social, political, economic, health, security, and any other foundations. According to the above, the subject of the study had to be divided into two chapters; In the first chapter, we will try to address: clarifying the concept of the crime of customs smuggling in two sections, the first of which we devote to: explaining the nature of the crime of customs smuggling in two requirements: the first requirement, in which we will discuss the definition of the crime and its place in the legal system, and as for the second requirement, we will discuss the types of customs smuggling. As for the second section: we will discuss the elements of the crime in two sections. The first will discuss the physical element of the crime of customs smuggling, while we will devote the second to the moral element of that crime. As for the second chapter: its title is the provisions of the crime of customs smuggling, we divide it into two sections. The first section: in which we discuss the criminal dispute for the crime of customs smuggling, and it will be divided into two requirements. The first will discuss the authority competent to investigate the crime that is the subject of the study. As for the second requirement, it will be dedicated to the customs court and the ruling issued in the crime. In the second section, we discuss the punishment of the crime, which will be divided into two requirements. The first requirement is devoted to corporal punishment for the perpetrator of the crime, and the second requirement is devoted to financial punishment.

Guarantees of termination of the employment contract in accordance with the Egyptian Labor Law and the Decree Regulating Labor Relations in the United Arab Emirates promulgated by Federal Law No. (33) of 2021 (Analytical Applied Comparative Study)

2024-02-01T10:09:50+02:00

Work is considered the backbone of economy and development, which necessitated that it be regulated legally through binding contracts for both parties, in terms of the texts contained therein, if they were mentioned as peremptory, and it is not permissible to agree on what contradicts them. In light of the importance of employment contracts as the legal mechanism for carrying out business, this research has been prepared in its comparative form between the two labor contracts in each of the Arab Republic of Egypt and the United Arab Emirates, in light of the issuance of the latest decree to regulate labor relations therein, by Federal Law No. (33) of the year 2021 amended by Federal Decree-Law No. (14) of 2022. Where the comparative aspect of this research was based on the guarantees established for the expiry of the work contract, according to the general reasons for its termination or the termination of this contract at the will of one of its parties alone, in the manner established by the two laws in question, in order to reach what must be followed in this regard in order to uphold the interest of the worker, and without sacrificing the interest of the worker. The employer, since the balance between the rights of the two parties to the employment contract, is a matter that requires achieving the purpose of its conclusion.

Measuring The Adequacy of The Individual Performance of Employees in The Sultanate of Oman According to the (Ejada) System (Judicial Study)

2024-02-01T10:20:57+02:00

The current Civil Service Law 120/2004 and its Executive Regulations 9/2010 referred to job performance evaluation reports to estimate the employee’s efficiency annually, which was based on his status as the employee’s direct supervisor. However, due to the principles that the modernization system has produced, especially with the acceleration of economic and technological changes in the environment of our organizations with the emergence of what has become known today as electronic management, the Omani Ministry of Labor introduced, at the beginning of 2021, an electronic system to measure the individual performance of employees divided into performance cycles called the Proficiency System. This system is characterized by its self-measurement, as it relies on the employee subject to the measurement himself to determine the evaluation objectives and its main results in light of the plan established for his job division within the plan of the unit to which he follows.

Depending on the number of evaluation cycles decided by the administrative unit for its employees, the employees specified in the law are subject to evaluation by the direct superior (according to the standard of the regular employee) in light of the achievement reports prepared by the employee regarding his main objectives and results. The direct superior indicates to his employees the strengths and weaknesses in the performance of each employee in order to work To improve strengths in the future and avoid weak points, and at the end of the performance cycles during the year, the direct manager evaluates the employee by calculating the result of his goals during the year’s cycles, provided that the role of the direct manager with regard to an excellent rating is limited to simply nominating the employee whom he deems worthy of this appreciation, so that the performance committee can work with the president. The highest authority grants this appreciation to the most efficient employees according to the percentage distribution curve in the administrative unit.

It is noted that if the administration has discretionary authority to assess the employee’s competence without any administrative judiciary reviewing it, this assessment must be based on realistic reasons that led to it, otherwise it would be contrary to legitimacy.

Provisions of taking over the endowment

2024-02-01T12:20:45+02:00

The issue of the trustee of an endowment is considered one of the important topics as it is a legal system created by Islamic jurisprudence to preserve the continuity and development of endowments. The trustee is the one who undertakes the legal actions and material actions on behalf of the endowment in preserving it, taking care of it, exploiting it, developing it, and disbursing its revenues in accordance with the terms of the donor and the legal and legal provisions, by being a legal representative of the endowment. The endowment as a legal entity, and the law is what determines how to appoint a representative for the legal person and clarifies his authority and its limits. Thus, it gave the donor the right to set the conditions for appointing the trustee in his endowment and determine his authority, as the donor’s condition for taking over was considered the rule of law, because the donor’s condition is like the text of the law, and the authority The person in charge of the endowment is in accordance with the condition of the donor and the Sharia and legal provisions. He is a trustee of the endowment’s funds, and he has the right to assume responsibility for the endowment. It may be proven that the donor, the person to whom it is granted, the judge, or the person to whom it is stipulated is in charge of the endowment.