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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Wednesday, February 3, 2010
The Legal Nature of Arbitration award, Its Effects and Appeal Mechanisms Comparative Study
The Rules of the Compensation for Work Injuries at Palestinian Labor Law: Comparative study
The Rules of the Compensation for Work Injuries at Palestinian Labor Law: Comparative study PDF |
| Manar Hilmi Abdallh Adawi |
| Supervisor(s) |
| Dr: Hussein Mashaqi - |
| Discussion Commity |
| 184 صفحة |
| Abstract : |
Abstract This study aimed to identify all topics related work injuries whether legislation or jurisprudence or eliminate, using the analytical comparative among method the many laws and regulations.
The study is a serious attempt to meet the shortfall in previous studies on this subject, which made me look at many of legislation, regulations and resolutions, to analyze the provisions of the Labor Law and the Palestinian statement its pros and through comparison, as well as to clarify ambiguities and deficiencies in the existing provisions .
This research includes two chapters : chapter I divided into three Detectives thesis dealt with in the first basic responsibility of a compensation for work injuries and compensation within the scientific study of legal jurisprudence detailed and progression and evolution fiqh in this matter impartial, It then moved to the second thesis clarified the scope of responsibility and the absence thereof and forgiveness, then separated in the third thesis concept work accidents and injuries rationale for the guarantee, namely : an occupational illness and road accident, accident, stress and fatigue shown by-case basis, in terms of its concept and conditions and components, to know when considered each case the previous injury, and the proof of this matter.
Chapter II focused on : procedures to be followed in case of injury where text of the legislation Palestinian and Jordanian and Egyptian expressly procedures to be followed in case of injury, leaving the matter to the doctrine and diligence in order to protect the workers, Rather, it was the Ministry of Labor to supplement the texts of laws setting-for example - means ambulance due Availability in the workplace, and the availability of information due to notices sent by the employer to the Ministry of Labor. Turning in the second thesis to the obligations of the employer, and of the duty of industrial injury insurance and medical treatment and to transport the injured to the Center for treatment, and transition expenses of the injured to the place of treatment, and the third thesis is the centerpiece, which is based upon research, The ultimate goal sought by the worker or his heirs, and to obtain compensation, whether in the event of death or disability than me to the division of this research to several demands, the first requirement Search of the daily disruption in concept and nature and the mechanism of self and wage approved for him.
The second requirement and the third Vikelmet them on the macro and micro disability and death allowances, and all provisions relating thereto, and synchronize with the topic of another medical committees and their role in determining the proportion of the deficit. Terminated research scholarships in the fourth revolves around guarantees for the protection of worker rights and settlement mechanism rights, and consequences of the sanctions for breach of the employer's obligations. One of the most significant findings : 1 - There is ambiguity and lack opposes significant provisions of the Labor Code Palestinian and Jordanian well. 2 - The Insurance Act provided greater protection for workers in many respects, 3 - reflect reality theoretical and practical failure of the Palestinian Ministry of Labor, where they have not passed all regulations to complement the Labor Law, especially for work-related injuries but few, as well as ignorance of the laborers of Palestine labor law and the rights deriving them. One of the most important recommendations of the work must be to speed up the application of the Social Security Act, as it provides greater protection for workers, especially in the context of work injuries, and then suggested the establishment of a special fund for compensation for work injuries in Palestine similar to the compensation fund road accidents. |
Fraud Crime (Comparative Study)
Fraud Crime (Comparative Study) PDF |
| Mohammed Hisham Saleh A. Fattah |
| Supervisor(s) |
| Dr. Nael Taha - |
| Discussion Commity |
| 113 صفحة |
| Abstract : |
Abstract
This study talks about one of Money Crime, which is Fraud, in the light of Punitive Law and some of Penaltive Laws, where it is contained in three chapters. The first chapter talked about the definition through identifying Fraud by Law and Prudence, and explained the aspects of Fraud Crime, as it is a money crime, with a mental nature, based upon changing reality, as it is also intentional, with a basic role for the victim’s will. The study looked into the common rules between Fraud, Burglary, and Mistrust, pointing also the differences between Criminal Fraud, Civil Fraud and forgery. The second chapter was allocated to talk about the elements of the Fraud Crime; it looked into the material element, and pointed out the criminal act in Fraud, through demonstrating fraud means and methods. Using false names, or false status, or using money or real estate illegally, and found that lie is the Core of Fraud, but alone it doesn’t stand, as it should be supported by external demonstrations, as being supported by a third party confirming the criminal’s false allegation, misuse of status, or through pretending in order to support the criminal’s false allegations. After explaining the methods, the purpose of these methods was presented as defined by some legislations, as it is the illusion of the presence of a false project, and the illusion of the presence of a false act, intended for raising hope in making an un-realistic profit, and also creating hope in paying back the amount seized by fraud, beside the illusion of the existence of a false or forged receipt of debt or clearance. I also explained the second method of fraud which is using false status or name, as it is a method that stands alone. Without any external appearances, I also explained the third method of fraud which is using money or real estate illegally, where it is stipulated that the money is not owned by the criminal and has no right in using it. The second element in the materialistic aspect of Fraud Crime is the criminal result in handing over the money to the criminal, where the ill-will of the victim is towards delivering the money. The cause-effect relation was also explained between the criminal act and the result, and to get this done, fraud and money delivery, fraud act has to get the victim fall in the problem, and the problem which the victim fells in, is the cause behind delivering money to the criminal, so fraud is a prerequisite for money delivery. I reached the result that if delivery did not happen, and the result not materialized, even so, criminal is not exempted from punishment, as he is considered an initiator of the crime, if he started committing one of fraud means, and delivery did not take place for a reason beyond his capacity. I clarified also the second element of fraud crime, which is the moral element, as it is in addition to the general intention of knowing about fraud, and the presence of the will to commit it, a special intention should be available as the criminal’s tendency for possessing the item he received from the victim, and when criminal intention is present in its aspects, the private and the public, the motive is no longer influential, as it is not any more considered a crime element, with no matter how noble the motive is behind fraud, it should not be happening. In the 3rd. chapter I looked into fraud sentence, and explained the sentence for the complete crime, and found that fraud sentence is maximized in the following circumstances; to insure a public position, upon the issue of shares and bonds, damaging the state’s or any public institution’s interests or fraud committed by a signature authorized person. Also pointed out that in some legislations, there are conditions that minimize fraud sentence, and even conditions that exempt from the sentence, if the crime took place between very close relative, except if it was upon the victim’s request, while minimizing sentence could get to the half as it is in the Jordanian Law, if resulted damage or benefit intended is trivial, or damage was totally removed before the case could reach the court, and found also that most legislations did not establish sentences beyond fraud crime stipulated sentence. Also looked into the sentence for initiating fraud crime as stipulated in law, and the caliber of the sentence. |
The relationship between the taxpayer the tax administration and its impact on tax payments and tax revenues
The relationship between the taxpayer the tax administration and its impact on tax payments and tax revenues PDF |
| Husam Fayez Ahmad A. Ghafowr |
| Supervisor(s) |
| Dr. Mohammad Sharga - |
| Discussion Commity |
| 185 صفحة |
| Abstract : |
Abstract The relationship between the taxpayer and tax administration and its impact on tax payments. This study aimed at identifying the nature of relationship between taxpayers and tax administration through determining rights and duties of each of them , and impact of this relation on the level of tax payments. The researcher surveyed the related literature which helped in sitting the theoretical framework of the study , in addition to several individual meeting with concerned people like assessors tax department employees , accountants..etc. The study was conducted on a sample of ( 500 ) respondents selected by layer method through a questionnaire consisted from (30) items distributed over five domains. (SPSS) package was used to analyze collected data. The study decleared the following important findings at the level of paragraphs, domains and variables at the level of paragraphs, it declears that there were factors effect positively and others effect negatively on tax collection. From those which effected positively were, rejecting of tax assessors for social pressures, justice the taxpayer through deductions presented in the tax law, in addition to organizing the relationship between taxpayer and tax administration through the package of incentives and penalties presented in the tax law. The most important paragraphs which effected negatively on tax collection were neglecting the tax law for rules of justice for taxpayer, the law awareness of assessor about the fact and condition of taxpayers work, in addition to unclearity and misteriousity of some articles of Palestinian income tax law. At the level of domaians, the study showed that the identifying of the low for rights and obligations the taxpayers and tax administration effected positively on the relation ship between tax administration and taxpayers and conseguently on tax collection, were the domaion of Israeli occupation effected positively on tax collection. At the level of variables the study showed the following most important results : 1- There were difference regard effect of relationship between taxpayers and tax administration on tax payments due to job status and number of family members variables. 2- There were no difference due to taxpayers monthly income variable. The most important recommendations of the researcher were : The need for modifying the taxes ratio scales by legislators to suit with ability of pay of people , the same should be done for social exemptions. Enhancing the trust between taxpayers and tax administration to make the taxpayers feel justice. In addition to develop and expand taxation communities awareness. The researcher expected that these recommendations and others mentioned in the study will develop the relationship between taxpayers and tax administration which will reflected positively on tax payments. |
Comparative Study between Mathematics Curriculum in Jordan, Egypt, and Palestine for the Elementary Ninth Grade
Comparative Study between Mathematics Curriculum in Jordan, Egypt, and Palestine for the Elementary Ninth Grade PDF |
| Mahmoud Mohammed Al Iady |
| Supervisor(s) |
| Dr. SallahYaseen - |
| Discussion Commity |
| 181 صفحة |
| Abstract : |
Abstract This study aims at conducting a comparison between mathematics textbooks in elementary ninth grade that’s applied in Palestine and that is of Jordan and Egypt through discussing the following: 1- The variance of mathematical topics represented by each curriculum according to country. 2- The educational objectives that is being measured for the ninth elementary grade in (Palestine, Jordan, and Egypt). 3- The variance in the level of the education objectives that is measured for the elementary ninth grade according to Bloom scale. In order to achieve the study objectives, content analysis is used to compare and contrast the three mathematic curriculums applied in Jordan, Egypt and Palestine; the following results were found: - Two matching units out five were found; that is 40% (5:2) between Jordanian and Palestinian mathematics textbooks, the same result is found in Jordanian and Egyptian mathematical textbooks. While there is one matching units between Egyptian and Palestinian mathematical curriculums out of five units, in a percentage of (20%). - there is a significant variance in educational objectives rates in mathematical topics presented in the Jordanian , Egyptian, and Palestinian mathematics curriculums, the study found that comprehension level is higher in the Jordanian curriculums, on the other hand, analysis level is the highest in the Egyptian textbook than that of the Jordanian and Palestinian textbooks. - there is a significant agreement in the educational objectives rates for in mathematical topics presented in ninth grade textbooks in the level of structure and it was higher in both Jordanian and Palestinians textbooks while it was absent in the Egyptian curriculums. - there was an obvious shortage of educational objectives levels in mathematical topics presented in the ninth grade text books of Jordan, Egypt, and Palestine in the levels of (analysis, structure, and evaluation( while it is higher in the Palestinian textbook. On the light of these study findings, the researcher made the following recommendations: The necessity of preparing a teacher guide for the new Palestinian mathematics textbook that present teaching methods and educational activities, moreover; the guide should include the solution for the textbook exercises. In addition, there should be a merge between theory and application in the mathematical curriculum through presenting daily life example and a connection between other fields like science, social sciences, languages, and Islamic study.etc. - Conducting training courses and workshops for mathematics teachers that discuss the pros and cons of the new mathematics curriculums and the degree of achievements of the educational objectives. Finally, the researcher recommends the necessity of encouraging teacher to apply computerized lessons in the new Palestinian textbooks. |
The relationship between patterns of leadership behavior and patterns of communication among academic administrators from the standpoint of the facult
The relationship between patterns of leadership behavior and patterns of communication among academic administrators from the standpoint of the faculty members in the Palestinian universities PDF |
| Raef Shehadeh Naief Shehadeh |
| Supervisor(s) |
| D. Ghassan Alhelw - الأستاذ الدكتور عبد الناصر القدومي |
| Discussion Commity |
| 141 صفحة |
| Abstract : |
Abstract This study aimed at finding the relationship between patterns of leadership behavior and patterns of communication among academic administrators from the standpoint of the faculty members in the Palestinian universities, through answering the following questions: 1) What are the patterns of leadership behavior prevailing among academic administrators from the standpoint of the faculty members in the Palestinian universities? 2) What are the prevailing patterns of communication among academic administrators from the view of the faculty members in the Palestinian universities? 3) What is the relationship between patterns of leadership behavior and patterns of communication among academic administrators from the view of the faculty members in the Palestinian universities? 4) Are there any significant statistical mean differences at (a = 0.05) in each of patterns of leadership behavior and patterns of communication among academic administrators from the view of the faculty members in the Palestinian universities attributed to variables of (sex, scientific qualification, practical experience, and university). A sample of (400) faculty members in the Palestinian universities members representing 26.4% of the study population was selected from An-Najah National University , Beir Zeit University , BethLehem University , Hebron University, and the Arab American university. The researcher used two questionnaires for this purpose ; one of them was used to measure patterns of leadership behavior , the questionnaire was developed by the researcher Alasili (1999), and used by the researcher Abdel Rahman (2001), it has been modified and developed to suit the current study , it is composed of (39) statements distributed on three patterns : ( dictatorship pattern , democratic pattern, allowance pattern). The second questionnaire was used to measure to measure patterns of communication, it was developed and used by the researcher Ahmed (1997) and it has been developed and modified to suit the current study, it is composed of (55) statements distributed on four fields: (pattern of written communication, pattern of oral communication, pattern of communication upon its trends (methods), and pattern of communication through symbols, movements and expressions) The two questionnaire were checked and proved to have a good degree of validity and reliability. The results showed that the pattern of democratic leadership is prevailing among the academic administrators in the Palestinian universities, followed by the dictatorial pattern , then the lasiar far pattern .And regarding the patterns of communication ,the results indicated that the pattern of communication through symbols, movements and expressions is the prevailing pattern among the academic administrators in Palestinian universities followed the pattern of verbal communication then the pattern of written communication , and finally the pattern of communication upon its trends (methods ). The results showed that there were no significant statistical mean differences at (a = 0.05) in each of patterns of leadership behavior and patterns of communication among academic administrators from the view of the faculty members in the Palestinian universities attributed to variables of (sex, scientific qualification, practical experience). And there were significant statistical differences at (a = 0.05) in each of patterns of leadership behavior and patterns of communication among academic administrators from the view of the faculty members in the Palestinian universities attributed to variable of university. The results also showed that there were a correlation between the patterns of leadership behavior and patterns of communication among academic administrators in the Palestinian universities, and the democratic pattern was the highest in correlation between patterns of leadership. |
The Status of Crisis Management and Proposed Alternatives as Perceived by the Palestinian Leaders of Civic and Security Institutions
The Status of Crisis Management and Proposed Alternatives as Perceived by the Palestinian Leaders of Civic and Security Institutions PDF |
| Tawfeeq Mohammed Hussein Al – Terawi |
| Supervisor(s) |
| Prof. Dr. Abel Naser Qadumi - د.غسان الحلو |
| Discussion Commity |
| 152 صفحة |
| Abstract : |
Abstract The purpose of this study was to investigate the status of crisis management and proposed alternatives as perceived by the Palestinian leaders of civic and security institutions , moreover, the study aims at recognizing the effects of study variables : (work field, academic qualifications, experience, and district). to achieve study purposes, a sample of (473) subjects from civic and security institutions were selected. A questionnaire which consisted of (118) items was distributed on the sample, the questionnaire is divided into four domains (political crisis, security crisis, economic crisis, and managerial crisis). Reliability coefficient was (0.97) which is considered suitable for the study purposes, the study aimed at answering the following questions: 1- what are the status of crisis management and proposed alternatives as perceived by the Palestinian leaders of civic and security institutions? 2- Are there any statistically significant differences at (α=0.05) in the status of crisis management as perceived by the Palestinian leaders of civic and security institutions due to the work field variable? 3- Are there any statistically significant differences at (α=0.05) in the status of crisis management as perceived by the Palestinian leaders of civic and security institutions due to the academic qualifications variable? 4- Are there any statistically significant differences at (α=0.05) in the status of crisis management as perceived by the Palestinian leaders of civic and security institutions due to the experience variable? 5- Are there any statistically significant differences at (α=0.05) in the status of crisis management as perceived by the Palestinian leaders of civic and security institutions due to the district variable? Study data was collected and analyzed by SPSS, using means, frequencies, independent t-test, One Way ANOVA, and Scheffes post – hoc test, the study reached the following results: The total degree of the status of crisis management as perceived by the Palestinian leaders of civic and security institutions was very high , where the percentage of response was (87%), and the rank order of crisis domains where as follow: domain of political crisis (89.4%), domain of economic crisis (86.6%), domain of security crisis(86%) and in the last rank domain of managerial crisis (85%). The study concluded a list of 20 alternatives for solving such crisis. Furthermore , the results revealed a significant differences at (α=0.05) in the status of crisis management as perceived by the Palestinian leaders of civic and security institutions according to (work field, experience, and district) variables. while there was no significant difference due to academic qualification variable. Based on the study findings, the researcher recommended the following recommendations: 1- Necessity of taking consideration the findings of this study by decision makers in the PNA. Furthermore, emphasizing on the necessity of building Palestinian institutions according to clear and correct standards. The study findings managed to list 20 alternatives for such crisis which were arranged according to its importance. 2- Conducting special training courses and workshops in the field of crisis management for all decision makers in both civic and security institutions in Palestine. 3- Conducting other similar studies in the field of crisis management in all Palestinian national authority sectors. |