We have been accompanied by civil liability since the establishment of the classic rules of ethical outlook, which was in the framework of responsibility for causing the damage hanging on to it commits an act that is Draft-acte illicite- and blame Okhalakie- répréhensible-, was injured in the right suspended compensation to prove the act. Vantage this moral outlook of the provisions of accountability, forget the point of the injured and to focus on solely responsible, was injured as a Alsalb- element sujet passif- charge causing damage Vaala- sujet actif- element in the system of responsibility. Philosophy these circumstances were not to fit with the new reality, which are produced by economic and professional activities as a class manufacturer of risk in society, and in front of the enormity of the damage caused when an item, which has become a range of interests beyond
الاثنين، 29 فبراير 2016
The challenges of democratization in Algeria
Algeria suffers a crisis of democratic transformation that causes dating back to various factors, in some cases, the political system may be a reason for it, and the different formations of political parties, associations and assigned the role of the media, and all of these reasons is the subject of democratic transformation in the Algerian experience. Algeria has seen after gaining independence some sort of political isolation where the one-party dominated all aspects of political, economic and social life in the country, leading to a state of blockage and closure led in the fourth to protest movements mayhem in the eighties of the century ended to achieve political openness and adopt a democratic approach that's what brought him the 1989 Constitution and the work of the dedicated 1996 Constitution, however, that the democratic process in Algeria remains
Civil liability lawyer in Algerian law and the jurisprudence of the Supreme Court
If intercourse may affect the responsibility of the lawyer to say, it miss on the other hand, with respect to liability rules applicable in the case of attorney error. After asking the direction that he would say responsibility tort lawyer by virtue of the literary, artistic and scientific professionals are not obliged to civilians on the implementation of their commitments, doctor who is treating the patient and the lawyer who is defending his client does not force the implementation of its obligations only when responsible morally front of his career, Valajabbar to implement lawyer to his pledge not to build on the agreement with the client, but coercion is based on the texts of the Organization of the profession. Accordingly, we find the dominant scholars argue that the relationship between the lawyer and the client are governed by their contract, and as a result, the responsibility is subject to the rules of contractual responsibility and this is what settled it
The rules relating to the integrity of the electoral campaign in the Algerian electoral law
Campaign is a set of actions by the candidate or the party in order to give a good picture of the body of voters through the electoral program, and also with a view to forming an opinion united in representing and his supporters is checked for the party of a political party can or candidate access through this opinion to power The importance of campaigning come they are working on the formation of a conviction voter and directed towards Achtjarmaan, especially that segment of voters who Aihddon choices Binaaaly foundations Hzbah.opalrgem of varying importance of propaganda and methods from one country to another because of varying political, economic and social systems and electoral systems in place but that does not disprove that the electoral propaganda clearly contribute to the mobilization of the election process in order to
Cancellation proceedings in the light of the law of civil and administrative procedures Algerian
Of the largest and most important safeguards that depend on countries today, to approve the principle of legality of administrative and general sense of legitimacy to the concept of a special, ensure that the actions and acts of the administrative authority to control. The notes on these controls governing public administration, they are many and varied, and exercised according to the different ways and means, we find, for example, that among the most important images of this control: management control, into its own political control, legislative oversight, and if this was the most important images censorship public administration work, they stay compared to judicial oversight limited impact, as is judicial control the most important of these images and the most effective, and for reasons of: first, the independence of the judicial control and impartiality: judicial censorship at odds administrative control external which makes them more independent oversight, secondly - effective
The future of mobile communications companies in Yemen
We would like to acknowledge the beginning that this paper refers to the most important legislative obstacles for mobile communications, as is the objective of this conference and as the most obstructive to progress and success of mobile communications if we compare other handicaps, and the Palace of talking on the mobile phone companies and not others, which covered the telecommunications sector , they are the target and not others in many legislative texts that have emerged recently and accompanied the booming mobile phone market in Yemen competed four companies it, but despite the presence of so many companies, however, many challenges, the most important legislation hinder the success and the future of these companies. A look at the history of telecommunications in Yemen and the legislation governing them, we find that the first law of communications is a Republican Decree Law No. (20)
Legal protection for employees about obedience to orders illegal
Exist in legislation governing public office legal rules imposed on the subordinate's duty of obedience to the boss, and aimed at the same time to the social order to protect the interests of the regularity of public utilities and the functioning of the felt case in order to continue to fulfill its public service for individuals; because any breach of a duty of obedience in the career field between superior and subordinate affects the well-ordered and functioning of these facilities, which affects the public interest. However, in exchange for the subordinate's commitment to the need to obey the boss orders, we find there are a range of other legal rules imposed on the same subordinate in his capacity as an employee in that obliged to obey the laws and respect for the respect of rights and freedoms of individuals within the community, that is, if issued to him was illegal from the boss, he must his refusal
It raised the crime monument on business
Due to major shifts rapidly, and events that defined private world after the fall of the socialist regimes and the trend towards globalization, as well as the role of multinational corporations Koqtab economic and competitive business and circulation to the heads of huge amounts of money, primarily associated with individual incentives hungry for profits by all legitimate means and illegal, coupled with technological development phenomenal, and this as defined by the Algerian society, many developments in various fields, she appeared with many of the developed crimes, it must pay Algeria to adapt to them and by reviewing its private commercial and criminal law, the legislative, the former than regulate the exercise of economic activity, and his second fight against anything that might prejudice the principles trade and economic deal such as the use of fraud or fraud
Death penalty laws between the Arab and Western targets
Punishment and idiomatically language: the sentence language is punishment, and punishment that remunerated one as did both, and name the punishment, and punished him guilty punished and the punishment for taking it, and tracked the man as it took him guilty punishment idiomatically: colorful tariff reform to the death. Some of them defined as pain caused to human deserved to offense, the penalty is on the forbidden act or duty or leaving the reaction hated. As stated in the Islamic definition of death, "she disincentives before the verb Jawabr after him," As for being the disincentives it's because they reproved the cruelty of thinking of committing the offense and give him a warning sequel to do, they'zajrh deterrent, and while being Jawabr because the expedited punishment in this world is forcing any repeal the death penalty in the Hereafter any drop it, divine mercy appropriate because it is tortured in this world has got his punishment, provided repent and turn and remorse
Legal protection of wages in the Moroccan social legislation
The development, which defined the social law, and the role that has become a social legislator is doing in order to expand the protection circuit for the party's poor labor relations; to make holding the workpiece and through which the employee has a lot of privileges and legal protections, and, inter alia, pay as the most important obligation of the operator; due to the nature of living for the worker and his family as well. Valojr as a key element of the labor contract, is that the league, which gives the employee a peer doing something or Bmnaspth third parties for the benefit of income, which is an essential and effective element in the production process, without which the job just keeps Free work, or the work of a charity, Ouaml enslave and exploit, and which do not doubt that the worker's life can not be upright without pay is essential to train the engine family, and then it was
Comment on a ruling by the Court of First Instance in Marrakech
It raises commentator him rule the subject of the utmost importance, which is documenting the actions listed on the real estate on the one hand and real estate in the process of completion of the hand Thanih.hat raised this issue a barrage of legal writings and messages on the decisions on the part of researchers and scholars of like real estate in Morocco, nor any thread documenting actions real estate was not the focus of consensus for the Moroccan judiciary. The reason for putting this issue is what the buyer threatens the contract to sell the property in the process of completion of the risks, especially if the entrepreneur evade the completion of its obligations to build the property, where they become the buyer's rights in the absence of a specific law for the obligations of the parties, organizer of this contractual relationship Mahal threat group risks, at a time when Moroccan cities known expansion civilized quickly, and tremendous uptick
The specifics of the ruler in Article family
Perhaps what was experienced by the Moroccan family under the Personal Status Code of 1957 is what led to the 1993 Code amendment, but even though the amendment brought by the legislator, the problem persisted, especially on the procedural level. Vtjaoza of these procedural problems, issued a Moroccan legislature recently the Family Code of 2004, which issued the form of an event jurist and a community historically, given the dimensions of the deep for this blog on the level of achievement of family cohesiveness and solidarity of its members, and install the traditions inherent based on the spirit of friendship, harmony and solidarity Alajtmai.lkn this whatever Sama law and ensure it the task of substantive rules it stays active form depends on the rules and the rulers and the accompanying him. The result of this amendment, which I have known the family code, it hastily amending regulation law
Customs offenses in the framework of the Commercial Companies
Some known economic crimes as every action or omission which is in violation of the rules established for the organization or for the protection of the economic policy of the state, they are crimes to benefit unjustly at the expense of the general economy, the prejudice to the implementation of economic commitments and crimes affecting the financial confidence Amh.onzera to the seriousness of economic crime offenses, the Gel legislation of different systems has been to tighten the punishment for economic crimes, and the appearance that few of these crimes is part of the irregularities, while much of it is part of misdemeanors and increase the maximum penalty of imprisonment for the limit established in the common law, and fines of up to a certain extent that is unmatched in ordinary crimes, and these sanctions adopted the bulk of modern legislation, including Morocco and France, as well as some Arab countries, especially Egypt
The rule of the donation of the embryo
We have the Department of the Koran since 14 century human life and his life into three different stages in terms of extension time and in terms of advantages relating Bbenith mental, physical and power through every one of them, said Almighty) God who created you from weakness, then after weakness strength, then, after strength weakness and gray hair creates what He wills He is the Knower of the Almighty (. Can through this verse to distinguish three basic to human life phases the first of which is the stage of creation and upbringing Kjnin in the womb, the human features during this phase of weakness and inability to protect his rights and will always be in need of aid from others, the same division, which was adopted by the majority of psychologists as They divided human life into three basic stages is in childhood that start from the formation of the fetus to adulthood and then phase power, which extends
The legal and institutional framework for budget reform
The budget is part of the national financial plan, where the plan controls the development and implementation of the general budget, as one of the financial instruments used for social and economic purposes, in order to achieve social balance and secure services and adjust disparities within Almojtma.othoudy budget of particular importance as a mirror that reflects the fiscal policy of the state, the budget is one of the central concepts that dominate the public finance total, since most of the financial mechanisms directly governed or indirectly budget. the principles of traditional theories of jurisprudence of Finance, which has controlled for long periods of time in the drafting of the state budget, preparation and their applications today require a revision of the philosophy, consistent and in line with new data and the rapid changes that the world knows by the wave sweep
Administrative responsibility for Public Works risk
Public Works considered one of the oldest areas of application of the responsibility on the basis of risk, and are intended to prepare all the material for a drug aimed at achieving public good, and is a personal account of the persons of public law, or to run the facility in general. In another definition, the public works are all the physical preparation as acts of construction or renovation, maintenance, or drilling in the property for the account of a person or legal entity by him, and for the general benefit. Notes on Advanced definition it is a requirement in public works to respond to the drug. And it is not considered such as public works preparation movables owned by the management, even if the "domain" funds Am.ually multiplicity of definitions and concepts, the meaning idiomatic public works remains one, locks them in the ongoing real estate works, carried out in the framework of
Problematic evaluation in the field of public policies in Morocco
Public policies of the most important legal mechanisms taken by the State in the form of goals and specific strategies that are intended to address some of the issues and the priority within the community, after being studied and passed a series of milestones before being fleshed out in the form of a series of decisions related to local issues or national on alike. However, the stages that are particularly in the stages of preparation of public policies important is the intervention and assessment stage by stage, and it comes Bsirorp preparation, implementation and assessment in terms of use of concrete public policies affected by a variety of data Kalthdid exact issues that are meant to interfere, planning, and available resources Epeshklleha physical and human solutions and scenarios that can be expected and is still the subject of public policies
Todyib factor between punishment and amnesty
Is disciplining factor of important issues and sensitive touches immediately with being a working
relationship with the user, it also subjects that arise frequently before the courts, which is exciting for the study in view of the legal curve defined by the Algerian legislation. Labor laws have gone comparison in the classification of discipline within the institution into two different directions. The first direction in the development of a disciplinary law Droit disciplinaire by legal and regulatory identified from which the texts of the various fundamental aspects such as determining the content and the content of discipline, and the procedures that must be followed, and the structures and devices disciplinary .binma The second trend in put a disciplinary system règlement disciplinaire by means of the internal systems to work that puts the user with control of the administration and the judiciary
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