An-Najah University Journal for Research - B (Humanities)

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An-Najah University Journal for Research - B (Humanities) Indexed in Scopus since 2019
CiteScore 0.9
Indexed since 2019
First decision 10 Days
Submission to acceptance 90 Days
Acceptance to publication 15 Days
Acceptance rate 4%

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original_full_paper

Assignment of Rights and Debts in the draft Civil Law of Palestine ‎‎(A Comparative Study)‎

Published
2004-12-12
Pages
755 - 796
Full text

Abstract

This research deals with the assignment of rights and debts under the draft civil law of Palestine. The researcher uses an analytical and comparative method in discussing all different aspects of the assignment. Comparison has been made with the legal provisions regulating the assignment in the civil law of Jordan influenced by Islamic jurisprudence and the legal provisions of the civil law of Egypt influenced by Western jurisprudence. Consideration has been also made to the courts’ decisions applying the related legal provisions of both Jordan and Egypt. The research clarifies that the Palestinian draft takes its provisions, in this regard, from the Egyptian Code almost word for word. In the conclusion, the researcher recommends that Palestinian provisions shall be reviewed to be much more in accord with the Jordanian civil law and other Arab Codes followed its approach. The grounds standing behind this recommendation are that, all these latest Arab Codes have been influenced by Islamic jurisprudence which is actually more suitable to the Palestinian legal environment

Article history

Received
2004-04-21
Accepted
2004-12-12
Available online
2004-12-12
original_full_paper

Assignment of Rights and Debts in the draft Civil Law of Palestine ‎‎(A Comparative Study)‎

Published
2004-12-12
الصفحات
755 - 796
البحث كاملا

الملخص

This research deals with the assignment of rights and debts under the draft civil law of Palestine. The researcher uses an analytical and comparative method in discussing all different aspects of the assignment. Comparison has been made with the legal provisions regulating the assignment in the civil law of Jordan influenced by Islamic jurisprudence and the legal provisions of the civil law of Egypt influenced by Western jurisprudence. Consideration has been also made to the courts’ decisions applying the related legal provisions of both Jordan and Egypt. The research clarifies that the Palestinian draft takes its provisions, in this regard, from the Egyptian Code almost word for word. In the conclusion, the researcher recommends that Palestinian provisions shall be reviewed to be much more in accord with the Jordanian civil law and other Arab Codes followed its approach. The grounds standing behind this recommendation are that, all these latest Arab Codes have been influenced by Islamic jurisprudence which is actually more suitable to the Palestinian legal environment

Article history

تاريخ التسليم
2004-04-21
تاريخ القبول
2004-12-12
Available online
2004-12-12