Delegation in Payment: Comparative Study Of Egyptian and Jordanian Civil Laws and The Palestinian Draft Civil Law

The subject of this thesis is about the delegation system in payment or to put more accurately the role of the delegation system in performance. The role of delegation is determined by the legal nature of delegation in payment and legal system of delegation. This study holds a comparison between the Egyptian, Jordanian civil laws and the Palestinian draft civil law. The study in divided into preparation and two chapters. Chapter one held a comparison between the delegation system and novation and assignment and transfer of debt. The basis of this comparison is scientific methodology which depends on comparison between the laws and the legislations, subject of this research, in dealing with the three systems in terms of concept, pillars, types and effects to identify areas of weakness and strength, points of difference and similarity to arrive at the sound legal adaptation of delegation in payment, investigated in the fourth requirement of the last section of this chapter. Chapter two was devoted to the delegation system in payment in the framework of a scientific, analytical, legal, objective detailed study of the delegation system in payment and how delegation is different from characteristics of expressions, terms and similar close legal systems. The chapter also dwelt on the legal characterization given to it given its being a source of obligation. Then the chapter moved to types of delegation in payment according to classification accredited by the common laws. The two types of delegation are prefect and imperfect delegations. Sections two and three of chapter one tackled both types. In section two, the researcher examined perfect delegation, in terms of concept and legal adaptation, be it a contract or not and if so, what are pillars and required conditions for its fulfillment. The researcher dealt with the second requirement in the section explaining the reason for characterizing it as perfect and illustrating the benefits which this type of delegation achieves. The second type of delegation, namely imperfect delegation, was dealt with in the third section of this chapter. The researcher illustrated its concept and pillars and explained its characterization as imperfect, and differentiating it from other close legal systems. The researcher, further, illustrated the embodiment of this delegation in legal posts in the framework of civil transactions and in the framework of international trade. This last framework led me to the necessity of calling for its standardization with the modern common civil legislations and fostering it with in the rules of international trade. In the fourth section, the researcher tackled the rulings which result from delegation of the two types (perfect and imperfect) Based on that, the researcher illustrated the extent of the lawmaker's accuracy in underlining delegation under causes of expiry that equals payment. The study concluded with several results and recommendations.