Priority debts in the Palestinian legal system

Year: 
2016
Discussion Committee: 
Dr. Ali Sartawi/suprvisor
Dr. Khaled Talahmeh/external examiner
Dr. Ghasan Khaled/internal examiner
Supervisors: 
Dr. Ali Sartawi/suprvisor
Authors: 
Majeda Ahmad Saa’d Zakarneh
Abstract: 
The study addressed Priority debts in the Palestinian legal system, discussing their fundamental nature with some detail and analysis, where the study clearly aimed at establishing a detailed study, comprehensive for the method of distributing these debts and the impact resulting from the presence of franchising on dividing these debts. The descriptive analytical approach was used through analyzing the law articles that addressed franchising considering that these rights was not concentrated in specific law, but mentioned in different groups of laws, where the current study gathered these laws and discussed the application methods of franchising. The aim of the study was to gather the scattering of the laws from various resources including books and laws to conduct a specialized study of the specialists and jurists, taking into consideration the importance and wisdom of confirming franchising, so I wanted through the study the interested in this subject to find an easy and simple study that enables them to refer to it for their own benefit. There are no studies in Palestine that addressed this subject, the law articles that discussed priority debts are scattered in the various laws, moreover, the laws that mentioned some of the franchising laws haven't mentioned it all or haven't detailed it. Additionally, the study discussed the Palestinian civil law and its articles that addressed priority debts with some detail, indicating that it is a must to create such laws, which led me to research this subject, in order to come up with a set of recommendations that can benefit any worker in the field including jurists and specialists in law. The study begin with defining franchising to provide a solid introduction to the core of the subject, then the wisdom expected from confirming such laws, that are considered a non-standardized act compared to the general rules of debt interpolation, giving the priority to owner of the right to fulfill his debt before other creditors, since the basic rule in fulfilling debts is equalizing the creditors, and that all credited money is guaranteed to pay the debt, thus, franchising are proposed as an exit of this general rule for various considerations, either human considerations such as alimony debt, juristic considerations as workers wages, and public benefit considerations such as judicial expenses and Public treasury. The study also addressed the methods of fulfilling debts in case of franchising, and the divisions and ranks of franchising, and the role of law in determining these ranks, since these rights is applied by law, so there is no franchising unless determined by law. Moreover, only law determines the ranks of these rights, and which one is forwarded on the others, the ways of fulfilling these debts when they accumulate, and if accumulated by mortgages, and the role of possession rule in the movable of possessor bond in activating or deactivating these rights. The study also discussed the general laws of franchising, that is attached to these rights, and the impact resulting from it either by right offering and following of the franchised right of the money that has such characteristics regardless of its owner. The research after that discussed separately with some detail the specific laws addressing each type of the franchising laws focusing of the type of debt included in the law, and its rank among the franchising laws and the conditions must be available in this right, and the articles that characterize this right from other franchising rights. Conclusively, the research came up with a set of results and recommendations that aimed to establish the concept, and recommending the creation of a details rules that investigate these rights, including these rights in the practical reality of jurists considering that these rights address the most significant phenomenon among people, specifically, debt fulfillment. The research also encouraged the establishing of detailed judicial rules that protect the owners of such rights due to the importance of these rights that led to confirming it.
Full Text: 
Pages Count: 
91
Status: 
Published