Law Applicable To Movable Immovable and Moral Properties

Year: 
2015
Discussion Committee: 
Dr. Amjad Hassan/supervisor
Dr. Mohamad Amarneh/external examiner
Dr.Ghassan Khaled/internal examiner
Supervisors: 
Dr. Amjad Hassan
Authors: 
Radi Nabieh Radi Alawnih
Abstract: 
This studsy investigated the law applicable to money from the jurisprudence and legislation perspective the extent of sufficiency of the referency rule that approached this issue within a comparative study of the palestinian civil law draft and the contrastive legislations including the Jordanian civil law,the Tunisian special international law gazette and referrhing more than often to the Kuwaiti act NO.(5) of year 1961 related to organize the legal relationships of foreign parties other laws. The present study is divided to a preface and two chapters .in the preface, it has been referred to the special international law and its significance in settling disputes that include a foreign party through reference rule. Arefernce has also been made to adjustment transferring, and the position of the contrastive legislations towads them.in the first chapter, the researcher investigated the law applicable to physical monies and the law applicable to realty subject to the location law, justifications, the extent of the applicable law, and then the position of the contrastive legislation regarding this rule. In the second section of first chapter the researcher investigated the law applicable to the physical movable to demonstrate the stand of jurisprudence regarding the law applicableto the physical movable to demonstrate the stand of jurisprudence regarding the law applicable to the physical movable and to what extent it is subject to the law of its location and the exceptionsin this regard. In the same section, the reasearcher approached the position of the contrastive legaislations regarding the law applicable to the physical movable and its range. The second chapter focuses on law applicable to the intangible money. This chapter is divided to three sections. In the first section, researcher approached the law applicable to the author’s right and the relative stand of jurisprudence and contrastive legislations. In the second section, the researcher discussed the law applicable to industrial and commercial property.in the third section, the researcher discussed the law applicable to debts and fixied debts in securities, By referring to the relative stand of jurisprudence and contrastive legislations. In this study, the research attempted to demonstate his opinion in the issue wherever it is permissible. In the conclusion, the researcher reached some findings and supplied some recommendations that he reached in the study. The most significant of them are: the contrastive legislations do not treat the issue of fixied debts insecurities in particular and the Intangible rights in general in addition to weakness in some reference rules that approach the law applible to money in generalto determine the applicable law.
Pages Count: 
154
Status: 
Published