Wednesday, February 3, 2010

Identifying the Literary Harmful A comparative Study between the Jordanian Civilian Law and the Egyptian One)

Identifying the Literary Harmful A comparative Study between the Jordanian Civilian Law and the Egyptian One) PDF

Basel Mohamed Yousef Qabha

Supervisor(s)
Dr. Ali Al - Sartawi -
Discussion Commity

140 صفحة
Abstract :

Abstract This study aims at identifying the compensation for the literary harmful in the Jordanian and Egyptian laws as comparative study. Also, it identifies the compensation for the literary harmful according to the Islamic - French jurisprudence related to the subject. The study has been divided into three chapters: The first chapter identifies the literary harm and the principle of the full compensation. The chapter contains three sections. The first one deals the conception of the compensation and its identification in three subs -­sections; the first one tracks the meaning of compensation in the language, in the second connotative meaning. The second sub-section deals with the literary harm according to the law, legislative and judicature. This sub- suction has three branches titled as the following: the compensation for literary harm in law, legislative and judicature. The third sub-suction deals with the compensation for literary harm in Islamic jurisprudence and law. This sub - section has been divided into three branches, the first one identifying the meaning of the compensation; the second one identifying the compensation as guarantee according to the scholars; the third one identifying the compensation in the civilian law. The second section deals with the literary harms and its conditions. Also, it is divided into to branches, the first one deals with the conditions of the literary harms in five parts, the first one contains the necessity of the occurred literary harm; the second should be directly, the third should be personally, the fourth should have damages with the literary interest and the fifth contains that the compensation for the harm should not occurred before. The final section deals with the complete compensation under three branches; the first one contains the harmony between the harm elements; the second one contains the judge authority when establishing the compensation; the third one deals with the literary and financial compensation. The second chapter deals with the role of compensation. This chapter is divided into three sections; the first one contains the compensation as punishment. This subject has been discussed in two ways; the punishment in ancient laws and the punishment according to ancient Roman and French laws. The second section contains the reformative role of the compensation according to the judge role and the scholars' attitude about this subject. The third section discusses the differences of the compensation according to the harm kinds in two ways; the compensation of financial harms and non-financial harms. The third chapter deals with the legal foundation of the compensation for harm in three sections; the first section deals with the legal foundation of the compensation for harm according to the Islamic jurisprudence in two ways; not guarantee of the literary harm and the guarantee of the literary harm according to the Islamic jurisprudence. The second section deals with the literary harm in the Jordanian law in two ways; the first way discuses the compensation under the contraction responsibility which has two branches; according the Jordanian law and according the Jordanian judicature. The second way deals with the compensation for literal harm according to thy negligent responsibility. The third section deals with the compensation for literary harm in the Egyptian law in two ways; according to the French law and according to the Egyptian civilian law. Also, it deals with the compensation under the contraction responsibility and the negligent responsibility. The study concludes that the main deference about non compensation for the literary harm is the financial compensation .Also, it concludes that the literary harm has two sides; concrete and abstract side. Furthermore, the literary harm should be compensated if its conditions have been achieved under the civilian responsibility.

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Identifying the Literary Harmful A comparative Study between the Jordanian Civilian Law and the Egyptian One)

Identifying the Literary Harmful A comparative Study between the Jordanian Civilian Law and the Egyptian One) PDF

Basel Mohamed Yousef Qabha

Supervisor(s)
Dr. Ali Al - Sartawi -
Discussion Commity

140 صفحة
Abstract :

Abstract This study aims at identifying the compensation for the literary harmful in the Jordanian and Egyptian laws as comparative study. Also, it identifies the compensation for the literary harmful according to the Islamic - French jurisprudence related to the subject. The study has been divided into three chapters: The first chapter identifies the literary harm and the principle of the full compensation. The chapter contains three sections. The first one deals the conception of the compensation and its identification in three subs -­sections; the first one tracks the meaning of compensation in the language, in the second connotative meaning. The second sub-section deals with the literary harm according to the law, legislative and judicature. This sub- suction has three branches titled as the following: the compensation for literary harm in law, legislative and judicature. The third sub-suction deals with the compensation for literary harm in Islamic jurisprudence and law. This sub - section has been divided into three branches, the first one identifying the meaning of the compensation; the second one identifying the compensation as guarantee according to the scholars; the third one identifying the compensation in the civilian law. The second section deals with the literary harms and its conditions. Also, it is divided into to branches, the first one deals with the conditions of the literary harms in five parts, the first one contains the necessity of the occurred literary harm; the second should be directly, the third should be personally, the fourth should have damages with the literary interest and the fifth contains that the compensation for the harm should not occurred before. The final section deals with the complete compensation under three branches; the first one contains the harmony between the harm elements; the second one contains the judge authority when establishing the compensation; the third one deals with the literary and financial compensation. The second chapter deals with the role of compensation. This chapter is divided into three sections; the first one contains the compensation as punishment. This subject has been discussed in two ways; the punishment in ancient laws and the punishment according to ancient Roman and French laws. The second section contains the reformative role of the compensation according to the judge role and the scholars' attitude about this subject. The third section discusses the differences of the compensation according to the harm kinds in two ways; the compensation of financial harms and non-financial harms. The third chapter deals with the legal foundation of the compensation for harm in three sections; the first section deals with the legal foundation of the compensation for harm according to the Islamic jurisprudence in two ways; not guarantee of the literary harm and the guarantee of the literary harm according to the Islamic jurisprudence. The second section deals with the literary harm in the Jordanian law in two ways; the first way discuses the compensation under the contraction responsibility which has two branches; according the Jordanian law and according the Jordanian judicature. The second way deals with the compensation for literal harm according to thy negligent responsibility. The third section deals with the compensation for literary harm in the Egyptian law in two ways; according to the French law and according to the Egyptian civilian law. Also, it deals with the compensation under the contraction responsibility and the negligent responsibility. The study concludes that the main deference about non compensation for the literary harm is the financial compensation .Also, it concludes that the literary harm has two sides; concrete and abstract side. Furthermore, the literary harm should be compensated if its conditions have been achieved under the civilian responsibility.

Full Article

Optimal Operation Strategy and Economic Analysis of Rural Electrification of Atouf Village by Electric Network, Diesel Generator and Photovoltaic Syst

Optimal Operation Strategy and Economic Analysis of Rural Electrification of Atouf Village by Electric Network, Diesel Generator and Photovoltaic System PDF

Eng. Asma Mufeed Ibraheem Yasin

Supervisor(s)
Dr. Imad Ibrik -
Discussion Commity
1. Dr. Imad Ibrik (Supervisor 2. Dr. Abd-Alkareem Dawood (External Examiner) 3. Prof. Marwan Mahmoud (Internal Examiner)
136 صفحة
Abstract :

Abstract

This thesis describes the optimal operation and economic analysis of rural electrification of Atouf village by electric network, diesel generator and photovoltaic system, and also the design and testing of an 11.7 kWp PV system and summarizes its performance results after the first 6 months of operation. This system functions as a stand-alone power system used to supply electricity for Atouf village. The system is comprised of the following components. An array consist of PV modules produced from polycrystalline solar cell of 130W, making up a total peak power of 11.7 kW. In addition, there is one inverter of 7.2 kW, and an energy storage system of 120 kWh.

After the first 6 months of system operation from December 2007 to May 2008, it was found that all the components and the overall system had worked efficiently. In total, the system had generated during this period about 7596 kWh, average solar radiation in this period about 4.67kWh/m2-day, daily input solar energy of the total system surface was 390.5kWh, and the average electricity production per day was 46.11kW. From the economical view point, photovoltaic energy system differ from conventional energy systems in that they have high initial cost and low operating costs. This study shows that the unit cost of the PV system is 2.69 NIS/kWh which is less than that of the diesel generator systems in Atouf village.

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Energy Management Procedures and Audit Results of Electrical, Thermal and Solar Applications in Hospitals Sector in Palestine

Energy Management Procedures and Audit Results of Electrical, Thermal and Solar Applications in Hospitals Sector in Palestine PDF

Bashar Adli Shukri Da'as

Supervisor(s)
Dr. Imad Hatem Ibrik - د. وليد الكخن
Discussion Commity
1. Dr. Imad Hatem Ibrik (Supervisor) 2. Dr. Waleed Al Kokhon (Co-Supervisor) 3. Dr. Osama Omari (External Examiner) 4. Dr. Abdel Raheem Safa (Internal Examiner)
164 صفحة
Abstract :

Abstract

Hospitals and hospital buildings are large consumers of energy, which they use in many different ways. In this thesis we have successfully proved that there is a huge potential of energy savings in the Palestinian hospitals sector (10-25%) by implementing some energy conservation measures (no and low cost investment) on the most energy consumption equipment such as boilers, oxygen generation units, air conditioning, lighting systems, solar water heaters and others.

The efficient use of energy and energy management in Palestinian hospitals is not in a better condition than most developing countries. Thus we tried to establish a pace toward the efficient use of energy and energy management in hospitals through conducting several energy audits in some different hospitals where lighting, air-conditioning, oxygen generation units, power factor or other service levels can be reduced without detriment to comfort or health care.

We have achieved average total savings of 17% for hospitals, and 14%, 43% and 17% for cooling and heating, oxygen generation units, power factor correction and 5% for lighting systems, respectively.

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Energy Management Procedures and Audit Results of Electrical, Thermal and Solar Applications in Hospitals Sector in Palestine

Energy Management Procedures and Audit Results of Electrical, Thermal and Solar Applications in Hospitals Sector in Palestine PDF

Bashar Adli Shukri Da'as

Supervisor(s)
Dr. Imad Hatem Ibrik - د. وليد الكخن
Discussion Commity
1. Dr. Imad Hatem Ibrik (Supervisor) 2. Dr. Waleed Al Kokhon (Co-Supervisor) 3. Dr. Osama Omari (External Examiner) 4. Dr. Abdel Raheem Safa (Internal Examiner)
164 صفحة
Abstract :

Abstract

Hospitals and hospital buildings are large consumers of energy, which they use in many different ways. In this thesis we have successfully proved that there is a huge potential of energy savings in the Palestinian hospitals sector (10-25%) by implementing some energy conservation measures (no and low cost investment) on the most energy consumption equipment such as boilers, oxygen generation units, air conditioning, lighting systems, solar water heaters and others.

The efficient use of energy and energy management in Palestinian hospitals is not in a better condition than most developing countries. Thus we tried to establish a pace toward the efficient use of energy and energy management in hospitals through conducting several energy audits in some different hospitals where lighting, air-conditioning, oxygen generation units, power factor or other service levels can be reduced without detriment to comfort or health care.

We have achieved average total savings of 17% for hospitals, and 14%, 43% and 17% for cooling and heating, oxygen generation units, power factor correction and 5% for lighting systems, respectively.

Full Article

Simulation of a Hybrid Power System Consisting of Wind Turbine, PV, Storage Battery and Diesel Generator with Compensation Network: Design Optimizatio

Simulation of a Hybrid Power System Consisting of Wind Turbine, PV, Storage Battery and Diesel Generator with Compensation Network: Design Optimization and Economical Evaluation PDF

Mahmoud Salah Ismail Abdel-Qader

Supervisor(s)
Prof. Dr. Marwan Mahmoud -
Discussion Commity
1- Prof. Dr Marwan Mahmoud (Supervisor) 2- Dr. Imad Ibrik (Internal Examinar) 3- Dr. Abdel-Karim Daud ( External Examinar)
196 صفحة
Abstract :

Abstract

Hybrid power systems based on new and renewable energy sources, especially photovoltaic and wind energy, are an effective option to solve the power-supply problem for remote and isolated areas far from the grids.

Microsoft Excel software programming package is used to analyze data measurements for both wind and solar radiation measurements for the two locations in Palestine (Ramallah and Nablus). Results of analysis illustrate that energy density available in wind for Ramallah site is about 2008 kWh/m2.year, while it is 927 kWh/m2.year for Nablus site, and the daily average of solar radiation intensity on horizontal surface is about 5.4 kWh/m2 .day.

A Matlab software package is used to develop a simulation program to simulate different scenarios of operation of the hybrid system by making energy balance calculations on an hourly basis for each of the 8760 hours in a year and then to choose the appropriate sizes of the different components for the most optimum scenario. The optimization is based on cost of generation.

Results of the simulation illustrate that the most economic scenario is the scenario that uses a hybrid system mainly dependent on wind. Cost of

energy (COE) in this scenario is 1.28 NIS/kWh. Other scenarios dependent on wind-only hybrid system, PV-only hybrid system, wind stand-alone system, PV stand-alone system, or diesel only, give results of COE greater than this value. The amount of CO2 produced as a result of operation of the wind-PV hybrid system is very small compared with that produced as a result of operation of the diesel only. This is a very important environmental issue that shall be considered and not ignored.

It was concluded that none of the hybrid system scenarios analyzed could presently be justified on COE basis, compared to the alternative of simply purchasing electricity from the grid where the COE is 0.70 NIS/kWh. Considering not electrified far from grid remote areas, changes in electricity prices, subsidy levels, costs for renewable energy equipment, or taking into account environmental considerations might alter the position in the future.

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The Legal Nature of Arbitration award, Its Effects and Appeal Mechanisms Comparative Study

The Legal Nature of Arbitration award, Its Effects and Appeal Mechanisms Comparative Study PDF

Ashjan Faisal Shukri Daoud

Supervisor(s)
Dr.Ghassan Khaled -
Discussion Commity

190 صفحة
Abstract :

ABSTRACT

The legal nature of the arbitration award has always been the cause of jurisprudential controversy. Four different theories were put foreword in this field.

The first is the theory of contract which argues that this award is necessarily contractual based on the will of the conflicting parties which is the source of authority of the tribunal. This will determines which procedures to be followed by this body in conflict resolution. The award which will end this dispute is binding for them since it is one of the effects of the arbitration agreement. When the parties finalize this agreement, they are committed to conducting it with all its implications, including the implementation of the arbitration award. The agreement is the basis for determining the legal nature of the system of arbitration and awards it will pronounce.

Second is the judicial theory: it argues that an arbitration award is based on the same judicial function of the judge. The award that this body pronounces is of judicial nature. It is similar to it in many ways, both in terms of procedures under which it is declared or conditions that should be taken into account when declaring it or its effects. However, the difference between the arbitrator and judge is that the first is a private judge achieving private justice and the second is a general judge achieving general justice. This entails that the private judge does not enjoy the full powers of the general Judge.

The third is a combination that brings together the two previous theories and argues that the arbitration is a compromise between the contract and the judiciary. It is a mixed system that starts with a contract and ends in an arbitration award. The nature of this system requires the implementation of both the norms of the contract and the rules of the judicial system.

The fourth is the private or independent theory, which believes that the arbitration provision is of special nature that requires consideration of a mechanism independent of the contract and the judiciary. Hence. It is not possible to determine its legal nature by either or both.

This controversy has had its impact on the position of Palestinian, Jordanian and Egyptian law, given the absence of a legal text that defines this nature.

Effects

The award of arbitration has legal effects on the tribunal who pronounced it as their obligation to deliver this award to the opponents so that they can exercise the rights conferred upon them by law. It also results in the exhaustion of its mandate, which prevents them from reconsidering the award which was definitely finalized. Pronouncing the arbitration award ends the judicial role of the arbitration. However, this rule has its exceptions which allow the tribunal authority to interpret the award, correct any mistakes, omit or add additional requests to the award.

Other implications for the parties to the conflict, is the finalization of the case, which prevents them from resorting to legal action or arbitration in order to reconsider the conflict, in addition to their voluntary commitment to implement the provisions of the award. In case they fail to implement them, they can resort to the competent court to order the execution.

Appeal

As for appeal against the award , the Palestinian Arbitration law proposes that an appeal could be made by providing a request to annul the award on causes which are specifically identified. Some of these, have to do with the arbitration agreement and its parties. Others are related to the procedures of passing an award of arbitration. So, the appeal should be submitted to the competent court within thirty days following the date of the award if the award was pronounced in the presence of all parties or the day after the date of notification if was pronounced in absentia. If the court decides to reject that request, it acknowledges the truth of award and its validity to be implemented. On the other hand, if it finds grounds for the appeal, it would annul the award.

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