History of Law
Summary of the book (History of Law)
First Edition, 1996
________________________________________________________________

This book was reprinted in Amman in the year 1998. The number of pages is 372,
and the total references of the book, in Arabic, English and French languages
are 115. It is an academic textbook being taught in most law colleges in Jordan,
and it was among the books submitted for promotion to the rank of (Full
professor) in 1996, and was sent to the University of Cairo for evaluation.

The research plan of the book included an introduction in which I addressed the
importance of studying the History of Law, and the history of law and the
purpose of the study mean determining what.

Then in Chapter One I addressed “The General History of Law”, which covered the
historical evolution in primitive societies, and the legal status in such
societies in terms of the paternal authority system, the power regime, the kind
of regime, the family system, the monarchy regime, and the criminal and penal
law.

Also included in Chapter One were the sources of law in ancient societies,
namely divine judgements, conventional traditions and legal codes, as well as
the general means for the development of laws, including the (legal trick),
(justice) and (legislation).

In Chapter Two of the book, I elaborately explained the laws of Mesopotamia in
terms of the historical framework of the state of Mesopotamia, and the sources
of search for Mesopotamian laws (ancient codes, royal documents, judicial
judgements, scholastic texts, ...etc.).

As for the codes of Mesopotamia, they are (Orkajina) Law, (Orgo) Law, (Libt
Ishtar) Law, (Ichnona) Law, and then (Hammurabi) Law, noting that I explained
the family code in Hammurabi Law, the regulation of contracts and judicial
regulation.

I also explained the law of the Nile Valley (Ancient Egypt), that is, the
Egyptian Law in the Pharaonic Age in respect of crimes and punishments, and also
the society, family, ownership and contracts systems, as well as the Egyptian
Law in the Greek Age.

Probably the most important of the laws, which was discussed in detail in the
book, is the Roman Law, which is considered as an important source of the Latin
laws and the laws of the Arab states.

I explained the historical development of the Roman Law and the sources of the
legal rule in Roman Law, as well as the family system in the Roman Law in
respect of marriage, divorce, adoption system, custody, ...etc. I also explained
the system of acquisition, possession and personal rights, that is, obligations
in the Roman Law.

Finally, I explained the (Law of Jews), and then the Islamic Sharia in respect
of family planning, acquisition and possession system, financial obligations and
contracts.
 
 
 

   Summary of the research paper

(L’acceptation par simple silence)
________________________________________________________________

This research paper was published in “Al-Adalah (Justice) Magazine issued by the
Ministry of Justice, United Arab Emirates-Issue No. 58 of the year 1989.

The research paper included an introduction on the definition of the contract
according to various civil codes, and then a study of (simple silence) and its
role in forming the contract, wherein I found that simple silence has no role
therein unless it is accompanied by surrounding circumstances for forming
acceptance, which is the second basic element of the contract. Silence, further,
cannot be in an (offer) state, that is, a first means of the expression of the
will, because silence is nothingness.

Then I studied the methods of expressing the will in the various positive civil
codes as compared with the English common law, and the French civil code of the
year 1804, and the origins thereof established in the Roman Law, as well as the
relevant effect on the civil codes of the Middle East.

The study embodied the opinions on “Silence” of the French civil jurisprudence,
especially of the scholars such as (MAZEAUD), as well as a comparison of these
opinions with the standpoint of the Muslim jurists and jurists of the civil code
in the Middle East. Further, the study made a mention of the judicial
applications (courts judgements) in Iraq, Egypt and France; and then in the
conclusion I mentioned the scientific results I arrived at.
 
 

        Summary of the research paper

(Individual Enterprise in the Iraqi
Companies Law and Comparative Law)

(The One-Man Company)
________________________________________________________________

This research paper was published in the year 1987 in the Faculty of Law
magazine, Kuwait University, Kuwait.

The research paper included a study of the idea of the company comprising one
person, which was first accepted by the Iraqi Companies Law through the
Companies Law of the year 1984.

I studied the idea and compared it with the company's laws of Britain, France
and Germany and certain laws of the Middle East. The study was analytical and it
contained the opinions of jurists, and the advantages and disadvantages of this
idea.

So the company is a contract, and the contract needs to have the will of two
persons together and it can never consist of the will of only one person.

Therefore, to call an individual enterprise a “One-Man Company” is something not
correct from the legal aspect. Then I arrived at several results and hope that
the said law will be amended accordingly and its deficiencies removed.
 
 

The research plan comprised four chapters:

? Establishment of the Individual Enterprise (The formal and objective
procedures of establishment).
? Management of the Individual Enterprise by both the founder and the
agent.
? Financial Position and Control of the Individual Enterprise.
? Liquidation of the Individual Enterprise and the reasons therefor.
 
 
 
 

Summary of the research paper
(Judgements on the Person Lost in Action)
A comparative Study
------------------------------------------------------------------------------------
 

This research paper was published in the year 1987 in “Al-Huqouqi” (The Jurist)
magazine issued by the Iraqi Jurists’ Association in Baghdad (The research
relates to the expiry of the legal personality).

The research paper included an introduction on the distinction between death and
being lost in war, and a study of the expiry of the human personality and the
consequent legal results thereof in the various civil codes and in Islamic
Sharia.

It also addressed the final status of the moneys a man leaves behind, the
marital bond, the kinship, and the rights of his offspring and the debts due
from him.

The study covered the establishment of the date of being lost in war in respect
of both the civil and the military person, as well as knowing the final status
of the moneys left behind and of the bond of marriage if it turns out that the
person lost in war is not dead but is still alive and has been repatriated to
his home and his people.

Also, what will the judgement are if the returning person has found his wife to
have been married, and his moneys to have been distributed among his heirs?

Moreover, solutions were provided for the legal problems encountered in respect
of the person being lost in war, in the civil codes of the Middle East, as well
as in the French code and in the judicial applications of Iraqi and other Arab
courts.

Then in the conclusion to the research paper, I arrived at several results
concerning the legal position of the person lost in war, as well as making a
distinction between the war captive and the absent person.
 
 
 
 
 
 
 

Summary of the book
(Contracts of Insurance)
(Comparative Study)
________________________________________________________________
 

This book is not published, and it includes lectures given to students of the
Zaitoounah University in Jordan, 1996, according to the Jordanian Civil Code and
other Arab codes.

The book contained an introductory chapter on the definition of insurance and
reinsurance, then the judgement of insurance in Islamic jurisprudence, and the
types of the contracts of insurance, particularly the marine and land insurance,
damage insurance and insurance on persons.
 

Section One:

The General Theory of the Contracts of Insurance: In this section, I explained
the basic elements of the contract of insurance, namely (compromise) and (risk
in the contract of insurance). Then I explained the effects of the contracts of
insurance, including the obligations of the insured and those of the insurer,
and last, the expiry of the contracts of insurance.
 

Section Two:

The Types of the Contracts of Insurance: The discussion was elaborated in the
form of a comparison between the insurance on persons (namely, the accident
insurance and life insurance) and the damage insurance (namely, insurance on
things and liability insurance).
 
 
 
 
 
 
 
 
 

Summary of the Book
(Principles of Law and Human Rights)
________________________________________________________________

This book was prepared for Al-Quads Open University, to be taught to students of
the Faculty of Law and Faculty of Economy. Being co-authored, it was subject to
scientific evaluation and was printed in Jordan in 1995.

The book contained several study units, which are:

Study Unit One:         (The Legal Rule)

Study Unite two:        (The Sections and Branches of Law).

Study Unit Three:       (The Sources of Law). This unit, along with Units Four and
Five, were included in my duties for writing on this subject. The sources of law
could be either (formal), such as the Islamic jurisprudence and legislation, and
the rules of custom, or (consultative) such as the judiciary, that is, court
judgements, jurisprudence rules, principles of natural law and rules of justice.
Here I made a comparative study based on the different laws.

Unit Four:

This unit included the definition of right and its types, such as the public
rights, private rights and financial rights. I also studied financial debts
since the time of the Roman law up to the current laws. Then I gave an
explanation of the persons of right (namely, the natural person, and the
artificial person).
 
 

Unit Five:

In this unit, I explained objects as distinguished from acts, whether those
related to financial rights or those not so.

Units six & Seven:  (Human Rights).
 
 
 

Summary of the research paper

(Concluding Contracts Through the Computer
And the Legal Problems Resulting Therefrom)
________________________________________________________________

Published in “Al-Canon” (Law) Magazine, Jordan 1994 (co-authored).

The research paper included a study of the concluding of contracts through the
computer and INTERNET, and the establishing of the place of concluding a
contract (Forming the contract), the time of forming the contract, and the law
to be applied when a dispute arises.

It also included the legal problems resulting from sale through installed
equipment, such as the card sale through computers at gasoline stations and
those of foodstuffs.

This was a comparative study involving the other Arab civil codes and the
general rules in the French civil code, and it also involved a comparison
between the sale by telephone and the sale by computer and Internet.

I noted that the Arab civil codes did not provide for issue of concluding
contracts through the computer and Internet because such equipment is modern and
up-to-date, and such codes were issued a long time before that. In conclusion, I
mentioned a set of results, suggestions and analyses in this field.
 
 
 
 
 
 
 

Summary of the research paper
(Experimentation medical sur 1, homme)
Medicinska experiment på människorkropen
________________________________________________________________

“Medical experiment on the human body, and the extent of protection guaranteed
by the civil code and the penal and medical laws” - A Comparative study.

The Iraqi Comparative Law Association-Faculty of Law, University of Baghdad
published this research paper in 1989 in "Al-Oloum Al-Qanouniyah" (Legal
Sciences) magazine issued.

The number of the research paper pages is (80) and number of references in
Arabic, English and French is 72 books and research papers, and the above
research paper was a part of the series of lectures I gave to postgraduate
students in the University of Baghdad for the years 1987-1990.

The research paper included an introduction on the legal protection of the human
body and the established rights in the various laws and charters of the human
physical entity, as well as on the invalidity of the agreements which affect and
prejudice these rights.

It also included questioning of the lawfulness of making medical experiments on
the bodies of war captives and political prisoners in dictatorships, and also of
how truthful is the claim that some prisoners and ordinary criminals agree to
undergo such experiments in return for certain temptations. Also included was a
definition of the medical experiment and of what is meant by it, along with a
summary of the historical development thereof.

The search plan was distributed to four chapters as follows:
Chapter One:

In this chapter, I made a study of the right to have a healthy and sound human
body, and the right to live as provided for in divine creeds and in the
declaration of human rights and rights of the citizen. I also mentioned the
position of the various positive laws (the French Law and Arab Laws) on the
invalidity of the agreements affecting man’s rights to maintain the safety of
his entity and his body, and the reasons for this.

In this chapter, I also discussed the opinions of the French jurisprudence
represented by Jean Carbonnier, who gave details of the right of man to live,
the right to have his juristic entity, and the right to maintain the safety of
his body, as well as the invalidity of the agreements that prejudice the safety
of the human body, including medical experiments, due to the (body’s sanctity
and high position).

I also noted the opinions of the scholars Bernard Teyssie and Mazeaud on the
principle of the body integrity. In this area, I posed many questions and
inquiries, and made a lot of analyses and discussions of such opinions,
indicating my personal opinion regarding them, and also asserting the necessity
of exposing the crimes of dictatorships in the field of medical experiments on
humans, which are connected to the crime of genocide of the human race; and of
compensating the victims for their financial & moral damages incurred, as well
as calling to account the perpetrators according to the national penal law and
international charters.

I also noted the opinions of the jurists (Savatier) and (Boris Starck) on the
physician’s responsibility when making medical experiments on patients, if such
experiments are made without observing the conditions of making medical
experiments. Further, I noted the opinions of jurist (Max Le Roy) regarding
evaluating bodily damage (L’evaluation de prejudice corporel).

Then I addressed the crimes of the Nazi physicians in West Germany, and the
Nuremberg Trials of 1947, involving their experiments claimed to have been made
on Jews, as well as the Geneva Convention of 1949 on the military sick and
wounded in land war, and its prohibition of experimenting on war captives.

Chapter Two:

I dedicated this chapter to the historical development of the medical
experiment, and here I noted the experiments of Madame Curie and some scientists
who made such experiments on their own bodies in order to achieve treatments of
diseases to cure others.

I also addressed the biological differences between medical experiments on
animals and those experiments on man, as well as the difference between medical
experiments and transplants of human organs, human artificial insemination (in
vitro fertilization), and the relationship of the medical experiment with human
cloning.
 
 
 
 
 
 

Chapter Three:
Legal regulation of the medical experiment in the various laws:

This chapter contained the conditions and controls of making medical experiments
on man and the civil responsibility, disciplinary responsibility and penal
responsibility when violating these conditions in the laws of the Middle East
(Iraq, Egypt, Kuwait, Algeria, Syria and Jordan) as compared with the French Law
with reference to court judgements.

I, further, noted the Helsinki Resolutions of 1964 with respect to the controls
of making medical experiments, which were decided by the International Society
of Medicine. Moreover, I addressed the relationship of this matter with the
trade, import and export of bodies, bone skeletons and skulls, and also noted
the extent of the truthfulness of the victim’s satisfaction with the damage and
its relation to the physician or surgeon’s irresponsibility in such cases.

Chapter Four:

I dedicated this chapter to the legal penalty for making medical experiments in
the various laws, and the compensation of the victim for the damage, as well as
the criticisms of the legal provisions that have come to be incapable of
protecting the human body, and calling to account the perpetrators and the
violators of law.

I also discussed the schedule of disability and injuries and the amount of
damages that affect the human body, as well as protection in the criminal law,
civil law and other laws. Further, I mentioned the position of the Italian civil
code (Article 5) on medical experiment.

No doubt, the damage can be physical, financial or moral, or it can be a fatal
physical damage or unfertile physical damage. The last type includes a
(permanent or temporary total disability) and a (permanent or temporary partial
disability).

I referred to many judicial judgements issued by the Iraqi, Kuwaiti, Egyptian
and French courts, related to the medical responsibility and the Damage Law, and
also to the illegality of making medical experiments on the insane, mentally
retarded and physically disabled.

In conclusion, I discussed the practical results and the opinions that I believe
to be correct and sound, and also the analyses, which I made, and the
suggestions to be observed in the field of making medical experiments.

Moreover, I discussed the shortcomings of numerous positive laws of the Middle
East that permit the making of such experiments without considering human
rights. This research paper has disclosed to me some crimes having been
committed by dictatorships in this field.
 
 

             Summary of a draft research paper
                (Not Published)

       "Problems of Legal Responsibility Resulting from              (Kloning)
And In Vitro Fertilization (IVF)

"A Comparative Study"

________________________________________________________________

The basic ideas of the draft research paper include a study of the modern
biological works and their impacts on the society, as well as the problems
resulting from human cloning operations in legal, ethical, religious and social
respects, and also the artificial insemination (IVF fertilization) operations,
and the consequent legal (civil and criminal) responsibility.

The question that can be posed here is could biological works and the
developments in medicine science take place apart from the legal regulation
thereof? And what is the role of ethics in conducting such works, and further,
what is the public opinion regarding item?

This legal study develops the solutions and proposals for problems that have
actually occurred and could also occur in the future, and it clarifies the
position of the various positive laws on such operations, by referring to the
general rules, the general regulation and general ethics.

Still many countries in Europe have neither regulated such operations nor
established the legal framework therefor.

This draft research paper relates to the legal position of many countries on the
subjects of genetic engineering, freezing of human embroys, renting of wombs for
implanting inseminated ova therein, and the relationship of such medical
operations with the crime of adultery.

This subject is also related to medical experiments on humans, and the extent of
their lawfulness, noting that numerous countries have banned cloning experiments
on humans (Många är emot medicinska experment på människor). The subject also
addresses the position of regional and international organizations, such as the
World Health Organization (WHO), on such operations. For example, in Japan and
Malaysia, human cloning operations have been banned, and also some countries
have failed to agree on a unified position to be reached on this subject.

This subject, further, covers a study of the problems raised by cloning
operations on man, utilization of human organs as well as of animal organs for
the sake of humans.

In conclusion, this research paper represents an attempt to develop legal and
ethical controls for operations of cloning on humans, and of artificial
insemination (IVF), and also for renting of wombs. This subject calls in Sweden
language (Kloning av männsikorkropen).
 
 
 
 
 
 

                   Summary of the book
               (Introduction to The Science of Law-Comparative Study)
                   First Edition, 1995 Amman, Jordan
                       (No. Of pages: 367)
________________________________________________________________

This book includes an introduction on the necessity of law in the society, and a
definition of law and its function in the regulation of various aspects of life.
The book is divided into two parts; Part One- includes an explanation of the
vocabulary of the legal rule theory, and Part Two, which is dedicated to the
theory of right.

As for (Part One), the plan was divided into four chapters:

In Chapter One, I addressed the definition of the legal rule and its
characteristics, as it is a rule of behaviour. Being an abstract general rule,
it represents a speech addressed to all kinds of people, and it is obligatory to
them. This study was made in the light of the Jordanian civil code and the
Iraqi, Egyptian, Syrian, Algerian, Kuwaiti, French and English civil codes and
Islamic Jurisprudence. I, further, addressed the (Forms of Penalty in the Field
of the Legal Rule), that is, the civil, criminal and disciplinary penalty, and
also addressed the types of courts in the Middle East.

I also made a comparative reference to the relation between the law and ethics,
law and rules of customs (etiquette), law and religion (Judaism, Christianity
and Islam), as well as the relation between the law and economics and other
social sciences.

In Chapter Two, I explained in detail the types of the legal rules and the
sections of law, noting that there are imperative legal rules and supplementary
legal rules (Regle limperative-Regle suppletive). Also in detail I explained the
meaning of the idea of the public order and public ethics or morals in the
various positive laws (Middle East laws & Latin laws), along with a brief
reference to Sweden.

I also addressed the sections and branches of law in Arab civil codes, in the
Roman law and in the French law (code civil Napoleon 1804), as well as the
criterion of differentiation between the branches of public law and branches of
private law.

In Chapter Three, I explained the sources of legal rule in the form of a
comparison between the Arab civil codes & Latin codes (Swiss code, French code),
and the historical source. This book, having been prepared originally for
teaching in Arab universities (colleges of law, and colleges of economics and
management sciences), was comprehensive, general and illustrative of the
situations in the laws of most countries of the Middle East.

The sources of law are two types:  Formal sources, and interpretive sources. The
arrangement of these two types of sources was influenced by the French civil
code and the Islamic Sharia), in comparison with the sources of the American
code.

I, further, mentioned the importance of legislation in life, and the stages of
its enactment in the state where the code is applied, in comparison with
legislation and its role under the authority of the (dictatorial state), where
legislation is used as a weapon in the hands of the tyrant against life,
especially in Iraq by the dictator Saddam Hussein who has violated all the human
rights, and I demanded that Saddam be put to trial before a just international
criminal court. I also addressed the customs and the rules of justice (les
regles de la justice).

In Chapter Four, I explained in detail the application and interpretation of the
legal rule; that is, the scope of the enforcement of law in terms of persons,
the scope of the same in terms of place, and the revocation of the legal rule
and the principle of nonrecourse of legal rule, and the exceptions related
thereto. This study involved a comparison between the various legal systems,
whether under the state where law is applied, or under the dictatorial state in
either the East or West.

Then I made a reference to the doctrines and methods of interpretation of legal
texts, and the types of interpretation (legislative, judicial and juristic
interpretations), in the Roman, French, Anglo-Saxon laws and certain laws of
Arab States.

Part Two of the book was dedicated to "the general theory of right". In Chapter
One, I explained the types of rights: Real rights (droit reels), personal
rights, and moral or intellectual rights (le droit intellectuels). Before that,
I gave an introduction on the theory of right, the definition of right, and the
doctrines and opinions said by jurists of right, along with a definition of
right by jurists Savine, Dabin and Dugut.

In Chapter Two, I explained the bases of right (persons of right, who are the
legal parties, and legal protection of right). The parties to a right are either
a natural person or an artificial person; there are common characteristics
between these two, while there are differences between them in other aspects.
The study involved a comparison between the Roman law and the French civil code
of 1804 and certain laws of Arab countries and Islamic Sharia, and also a
comparison with Judaism and Christianity. I, further, referred to the
characteristics of personality, which are: (The status (le tat) from the
political, family, relation, and religious aspects); then to the financial
indebtedness (le patrimoine); to the name (le nom) and its protection in the
various civil codes; to the domicile (le domicile); the capacity (capacity), its
types, gradual order according to age, and the position of the various civil
codes thereon as compared with the Roman and French codes. Then I addressed the
acts and things that are subject to right and are due to be so dealt with.

In Chapter Three, I mentioned the sources and uses of the civil rights as well
as the regulation thereof. I also addressed the proving of right before courts,
and the means of substantiation in the various civil rights.

I relied in the first place on a detailed explanation involving a comparison of
the following sources: (The contract, unilateral juridical act (act juridique
unilateral), omissive responsibility (harmful act), useful act, law
(legislation)). These sources are attributed to two types: Juridical fact (fait
juridique), and juridical act (act juridique), that is, the fact that takes
place by the will of the man or person, and that which takes place without the
will of anyone.

Moreover, I made a reference to the shortcomings and gaps in most laws,
especially in respect of the failure of most laws to regulate the sources of
rights in the field of (the human artificial insemination, i.e. artificial
fertilization) and the process of regulation of human cloning, ... etc.

In my study, I made a reference to both the old and modern French jurisprudence,
and to the judgements of the French Court of Cassation (Supreme Court).

I also addressed the approaches of proving right on a historical basis since the
Roman law, then the Islamic Sharia, then the French code and the current Arab
civil codes which regulated the means for proving rights before courts. Then I
referred to the use of right, the restrictions imposed thereon and the
regulation thereof subject to the various legal doctrines and the laws of the
Middle East.

The book included in the end the references used (57 in number) in Arabic,
English and French, a list of the legal terms used in the said two languages,
then the detailed book plan, and then a brief profile about the life and
academic activity of the author.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

                    Summary of the Book
                 (General Theory of Obligations)
________________________________________________________________

Part One (Sources of Obligation)

- No. of pages of the book : 546
- No. of references in Arabic, English & French languages: 180
- Fourth edition: 1997, Amman, Jordan.
- First Edition: 1990, Baghdad.

The book included first an introduction on the definition of obligation, and on
the history of the sources of obligation (A study of the sources of obligation
in the Roman law, Islamic Sharia, French civil code of 1804, Egyptian civil
code, Algerian civil code, Iraqi civil code of 1951 which became effective from
1953 and also the Jordanian civil code, which codes were influenced by the Roman
law).

The book was divided into three chapters: Chapter One was dedicated to
legislation (Law) “La loi”. I made a comparative study of the subject in Arab
civil codes, in French civil code and in Roman civil code. Chapter Two addressed
in detail the juridical act (act juridique), which involves what is called
“Voluntary sources” (the contract, and unilateral will) “la volonte unilateral”.
Chapter Three, the last, included a study of the juridical fact “fait
juridique”, which represents the “involuntary sources”, namely harmful act or
omissive responsibility, and useful act.

Thus, law is a direct source of obligations in Arab & European civil codes, and
in Islamic Sharia, whether the subject of obligation is doing an action, or
failing to do an action, such as the fact of it being inadmissible to disclose a
trade secret.

On the subject of juridical act (act juridique), I elaborately explained, using
comparison, the definition of the contract, the parts of contracts, and the
differentiation between the contract and the agreement. Then I explained the
“principle of the autonomy of will” (Principle de l’autonomie de la volonte),
then the basic elements of the contract in the various laws of Latin origin
(French code, Arab civil codes), then in Islamic Sharia. I supported this by
many judicial applications from judgements of different courts.

I addressed the basic elements of the contract (Compromise, object of
contractual obligation, cause of contractual obligation), and compared the
foregoing with the position of the English common law. Then I addressed the
“theory of the nullity of contract” (la nullite de contrat), and gave an
elaborate explanation of the effects of contract in respect of persons and of
subject. Then I made a detailed study of the (contractual responsibility), and
of the revocation of contract and its types, including an explanation of the
subject of “resolution” (resolution conventionnelle).

In Chapter Three, the last, I gave a detailed explanation and made a comparative
study of the various laws in the Middle East and Europe, involving (omissive
responsibility) and its basic elements and applications (judgements of French,
Egyptian, Iraqi, Kuwaiti, Jordanian, etc.). Such a responsibility includes the
responsibility for personal act (error, damage and causal relation), and
omissive responsibility for others’ acts (la responsabilité de fait d’autrui),
with a comparison between jurisprudence and judiciary in France and in the
Middle East; then the responsibility for building (Article 1386- French civil
code, as compared with Arab civil codes); then the responsibility for mechanical
machinery and hazardous objects, including determining what is meantby hazard,
and the judgement of omissive responsibility in the computer field; then the
responsibility for damage caused by animals.

The study also included the ways of escaping from responsibility, responsibility
agreements and amendment of their rules, and the responsibility of the producer
and the distributor in the field of production and distribution.

Then I elaborately addressed the “useful act”, namely the theory of gain without
a reason, that is, illicit gain; and amounts of money received through unlawful
gain, and also the repayment of others’ debts without their permission. This was
a detailed analytical comparative study. Having taken ten (10) years (1980-1990)
to be completed, this is an academic textbook, which has been taught to students
of faculties of law in some Jordanian universities.
This book was among the books submitted for promotion to the rank of (Full
professor) in 1996, and was sent to the University of Cairo for evaluation by
Al-Zathoonah University in Jordan. Den result was OK for this title.
 
 
 
 

                  Summery of the book

               The General Theory of Obligations
               Part Two - Provisions of Obligation
               " Des Effest De L'obligations "
________________________________________________________

-       A comparative study of Arab civil codes French civil code and Islamic
jurisprudence
-       No. Of pages of the book: 306
-       No. Of references in Arabic, English & French languages: 56
-       Fourth edition: 1997, Amman, Jordan

The book included four chapters according to the plan of Arab civil codes, which
are the following:

Chapter One - Execution of the Obligation:

In this chapter, I addressed in detail the compulsory execution (by legal
force), and the conditions and types of execution according to the object of
obligation, referring to judicial applications, juristic opinions and to the
penal condition & the guarantees for execution of the obligation.

Chapter Two - Qualities of the Obligation:

These are the condition & its types, the term (le term) & its types in the
various civil codes and the judicial awards related thereto. Also, the numerous
objects & numerous parties of the obligation.

Chapter Three - Transfer of the Obligation:

In this chapter, I addressed in detail the debt transfer (la cession de dette),
the ways of its transfer and the effects resulting their form. I also addressed
the personal and real guarantee, & then explained the credit transfer (le
cession de creance), the assignable rights and unassignable rights, then the
conditions & terms of the credit transfer in the various laws.

Chapter Four - Extinction of the obligation:
(Extinction des obligations):

The first of the ways followed in this respect in the fulfillment of the
obligation, then the execution for a consideration, namely the fulfillment for a
consideration (dation en patement), renewal (la navation), joint responsibility
clearance (le compensation), (la confusion).

Finally, I explained in detail the extinction of the obligation without
fulfillment & without what is equivalent to fulfillment through the ways of
remission of debt (la remise de dette); & then the impossibility of execution
(impossiblitè dèxecution), then the extinctive prescription (prescription
extinctive).

The book was based on the method of analytical comparative study of the various
civil codes, juristic options and judicial judgements. It's an academic textbook
being studied by students in some faculties of law in Jordan. And it was among
the books submitted for promotion to the rank of (Full professor) in 1996,and
was sent to the University of Cairo for evaluation by Al-Zaethoona University in
Jordan. The result was OK of this title.
 
 
 

            Summery of a research paper
            (Moral Damage in the Civil Responsibility)
          " Le dommage moral dans la responsabilite civil"
- ________________________________________________________________

This research paper was published in 1990 in Iraq in a small booklet, & was in
also published in the Arab Journal of Jurisprudence and Judiciary (Council of
Arab Miuizleters of Jordan) Morocco, 1989 - Issue No. 10 (October)

The research paper include an introduction on the definition of moral damage in
the civil codes Arab countries, and also in the Roman Law, in French civil code
(Code civil 1804), Swiss code and in Islamic jurisprudence, involving a
comparison between the contract lialirle and illicit act responsibility.

In the research paper I made a study of the duplication and ---- of
responsibility, and also the juristic options said from the French civil code
and the Arab jurisprudence (Arab jurists of the civil code).

I distributed the research plan to two chapters: In Chapter One, I explained the
moral damage in the Islamic law and in some positive civil codes (Russion soviet
civil code); in the Egyption civil code of 1949, & in the Kuwaiti civil code of
1980.

In Chapter Two I addressed the moral damage in the Iraqi civil code which become
effective (enforced) since the year 1953, which decided its provisions from the
(Roman Law & Islamic Pirisprudence). It was a comprehensive study of the legal
texts juristic options & judicial application include my personal option on each
detail and subject, with discussing analyses, ariticisms and listings of right
solutions.

The Iraqi civil code, for example, did not provide for compensation for the
moral damage in contract lialirlity! It only dedicated one article for this
particular matter in the transport law, which is something not correct; Where as
the Jordanian civil code did not at all provide for compensation for the moral
damage in contract lialirlity.

This study contained criticisms of the judgements of the Iraqi judiciary which
has lost is independence under the interference of the legislative authority,
particularly the Revolutionary Commanel Council (The lightest authority in
Iraq).

In the research closing, I mentioned the conclusions, options, recommendation
conclusions, options, recommendation & solutions, along with criticisms of the
obscene of freedom and of the interference with the affairs & independence of
the judiciary. I also stressed the necessity of having the stake respect the low
and amend the (laws to tachle the deficiency observed in the object of moral
damage and compensation for it.
The research paper include a list of the references & research papers which I
depended o in this study, as well as some yo judicial judgements by Iraqi, Arab
& foreign (French judicially) courts.

No. Of pages of the research paper: about so sheet.
Summery of a research paper
(The Undertaking to Transfer the Titles To The
Real Estate, & The Position of the Iraqi Judiciary Thereon)
________________________________________________________________
 

-     This research paper was published in " Al-Huqouqi " (The Jurist) journal
issued by the Iraqi Jurists Association, 1983.

-     As a general rule in many laws of Arab states, the sale executed on read
estated comes under the category of formal contracts that require the
registration of sale in a special department called the (Real Estate
Kegistration Department or the "Lord Department"). Paper is based on finding
solutions to the legal problems resulting from the sale of real estates without
registering them in the said department, as such a sale is considered void by
the law unless it is registered, since registration is a basic element of
establishing a contact.

-     The idea of the study includes as well the legal solutions to the problems
that arise in the sale and mortgage of lands when failing to register them in
the land Department, whatever in respect of presenting the referent options to
jurists of the civil codes & discussing such options or in respect of showing
the positions of the various Arab civil codes on the said problems, as well as
mentioning many judicial applications (court judgement), and that relevant
solutions provided in this field.
 
 
 

                              Summery of the book
                             ( Nominated Contracts)
                            Sale and Rent Contract
                              A Comparative Study
________________________________________________________________
This book was printed in Amman, Jordan. First edition 1993, fourth edition 1997.
-     The book is being taught at some faculties of law in Jordan to third year
students.

No. of papers of the book: 381

-     No. of reference in Arabic, English & French language: 52
In Chapter One, the book included a study of the (sale contract), Wherein I gave
a definition of sale and identity the characteristics that distinguish the
characteristics that distinguish it form other contacts. I also showed the
extent to which the sale contract is important in business life, then the
regulation of the sole contract in the Arab civil codes, in the French code &
Roman code. I, further, exploived the basic elements of the sale contract. I
spoke first of (compromise), and then of the object of the sale contract, namely
the (sold item) and (price).

-     I also addressed the legal effects of the sale contract, which include the
sellers obligation, and also the consequences of breading these obligation, with
a reference to judicial awards in Jordan, Iraq, Egyption & some other countries
in the Middle East.

-     I explained the sale occurring in the stage of the (last illness), that
is, the sale made by man while he is in a critical stage being close to death, I
also showed whatever such a sale is correct or defective, and the judgement of
it in the raring laws, in Islamic jurisprudence & in judicial applications.
Moreover, I indicated the judgement of the (sale of other's probably), and the
(sale by an agent to himself), and other types of sale.
Chapter Two of the book way dedicated to the lease contract, including its
definitisn, importance, chapteristics, as well as the drawing up of the
contract, the legal effects & the obligation on both the probably & the lessee,
the rights of each partey & the the breach of such obligations.
 
 

Summary of the book entitled:

               The legal Disposition of Human Organs
                           - Comparative Study-
 
 

-       First edition: 1990/ Baghdad; second edition: 1992/ Jordan; third edition:
1993/ Jordan; fourth edition: 1995/ Jordan.
-       No. Of pages: 174
-       No. Of references in Arabic, English and French languages: 89
-       The book is a collection of lectures I gave to the post graduate “Private Law”
students at Baghdad University - Faculty of Law, during the years 1987-1990.
-       The book included an introduction on the biological developments and modern
medical acts and their effect on law, and the necessity of organizing these
works by the different countries. The introduction also discussed the importance
of human organs transplantation, the transplantable human organs, the research
theme, the reasons for studying the subject, the sources for getting human
organs, the principle of inviolability of human body, and the cases of violating
the principle of “the right to body integrity”. I mentioned the opinions of
jurists Esmin, Jean Carbonnier, Stark and Savatier.
-       The research plan included three chapters and a conclusion:

The first chapter: discusses the topic of human organs sale and the position of
religions towards the idea of financial dealing in the parts of human body. In
this chapter I mentioned the opinions of jurists in this issue. Then I discussed
the position in the various laws of the Middle East and European countries
towards the idea of organs sale as regards legislation aspect and the de facto
status, I also referred to the position of Arab, foreign, regional and
international organizations towards the phenomenon of dealing in the parts of
human body and the position of human rights organizations on the problem of
human organs selling as well as the position of common law towards the
prohibition of disposing of one’s body.

In the second chapter: I discussed the topic of granting human organs as a gift
or donation. I distinguished between the contract of gratuity and the contract
of donation. Then I discussed the position of civil jurisprudence on the
voluntary giving of human organs to be transplanted in the bodies of persons who
need them to survive. Further, I discussed the medical responsibility in the
transfer of organs in case a medical error occurs, and the methods of
compensating the damage.

In the third chapter: I discussed in detail the case of “the will to donate
human organs” and I differentiated between the will, the endowment and the
disposition of the corpse (body of the deceased) and determining the moment of
death. Then I discussed the death criteria: cardiac arrest, circulatory arrest,
brain-stem death and the position of the various Arab legislation's, French Law
and American law in determining the moment of death.

In conclusion, I mentioned many conclusions, ideas and solutions for the
problems experienced in this respect. I also included my recommendations in the
legal and ethical regulation of the human organs transplantation processes.
 
 
 

LEGAL RESPONSIBILITY REGARDING MEDICAL MISTAKES
 

What is meant here by medical mistake is a deviation by the medical practitioner
(doctor, surgeon, anesthetist, nurse, medical lab or certified midwife, or
others) of the normal behavior and to be accountable of this deviation which
incurred damage. Accountability regarding the incurred damage means medical
responsibility. This responsibility, which could originate from the "medical
contract" or a medical responsibility, is determined by the texts of the law.

Whatever was the kind of responsibility, the degree of punishment of the person
having caused the damage is decided according to the extent of the mistake and
the extent of the damage. The criminal responsibility, whose punishment is
detailed in the criminal law, could concur with the civil responsibility, whose
punishment is a compensation of the damage (physical damage, financial damage,
moral damage), together with the responsibilities provided for in the special
texts regarding administrative or professional actions such as the punishments
consisting of warnings or disciplinary actions (warning, lay out, etc.). Nothing
prevents the cumulating of these responsibilities in case of a medical mistake,
because all of them have to do with legal responsibility and are decided
according to the texts of the law. In some cases, only the legal disciplinary
responsibility or the civil responsibility is taken into consideration according
to the extent of damage incurred.

Responsibility regarding medical mistakes is known since the most ancient
legislation. It was known in the ancient Iraqi legislation: it has been
organized by the legislation of Hamurabi. The Roman law knew it. And it was
detailed in the various Islamic legislation and schools. It is now well known
and clarified in the current laws.

The Prophet Mohammed [peace is upon him] said: "He who seeks medicine without
knowing medicine is responsible for the damage incurred". The late Imam Abu
Hanifa even allowed the sequestration of the ignorant doctor or medical
practitioner and prevented him from practicing medicine in order to protect
people's lives and their bodies against any damage.

In the modern era, a new branch of law appeared "The Medical Law". Some
countries have even adopted the principle of insurance against non-intentional
medical mistakes committed by medical practitioners. We called more than once
for this kind of insurance in the Arab world in order to protect the contracted
people. Insurance companies in these countries should lay down the foundations
of this kind of insurance in accordance with the Islamic Share's and with the
modern laws.

There is no doubt that the type of medical practices decides the kind of
commitment on behalf of the medical practitioner. Some of them if they are not
thoroughly completed by the medical practitioner and reaches a complete result
is considered as a failure to stick to his commitment. This means that he
committed a medical mistake and that he is responsible for the damage incurred
unless there is a proof of a case of force majeure. For example, the medical
lab, the circumcision, needle shooting according the correct standards, tooth
removal, etc. Other types of medical practices require a minimum of attention
and medical effort recognized by the profession; this is called a commitment to
give attention or to use whatever means available. Here, the person having
suffered a damage has to prove the existence of a damage, because it is him who
claims the existence of such a damage; the responsible for the said damage could
then use the argument of force majeure.
Responsibility in the medical field is based upon a mistake that should be
proved by the claiming party. The contrary could also be proven, and this is the
basis in the field of responsibility regarding personal mistake. But, if the
medical responsibility originates from a third-party action or medical objects
(i.e., surgery instruments, mechanical devices or hazardous equipment), it is
then based on a general rule stating that it is an assumed mistake whose
contrary could also been proven in many civil and modern laws.
Forms of Medical mistake

The deviation of the medical practitioner could result from a positive act, such
as the injection by an anesthetist of a dose of drug that could not been
supported by the patient, thus leading to a coma and death. It could also result
from non-respect of the medical secrecy. It could also result from a negative
act, such as negligence and refusal to treat the patient or inattention.
Whatever kind the deviation is, the forms of medical mistakes could be
summarized as follows.
1.      Non implementation of the medical ethics.
2.      Delay in the implementation of the medical ethics, such as the complications
in case of appendicitis because of a delay in treatment or in diagnosis.

3.      The faulty implementation of the medical ethics, such as forgetting a piece
of tissue or cotton inside the patient's body.
4.      The partial implementation of the medical ethics, such as conducting a
surgery without the supervision of an anesthetist during the recovery after the
surgery.

The medical practitioner (surgeon, anesthetist, nurse,…) could not been directly
responsible for the mistake. The institution in which they work could bear this
responsibility of the committed error, and this is called "the responsibility of
the body in charge", i.e., the hospital (public or private) or the medical lab
are responsible for compensating the damage incurred.
Types of medical damage
There are several types of medical damage:

1.      The physical damage stemming from a medical mistake. It could be a damage
affecting the human soul (lethal physical damage), which is the most severe one,
or it could be a non-lethal damage, which affects the patient's, body by a
permanent or temporary physical disability.
2.      The financial damage. It is a damage affecting the body financially. It is
assessed according to the degree of financial loss incurred and the lack of gain
caused by inability to work because of an injury.
3.      The moral damage: This is a damage affecting one of the basic rights of the
patient or his interests. It includes pains, sufferings and every thing that
could affect him, except death, or the rights of those who are affected by his
death.

Damages are not only what are in stakes in a faulty medical action (surgeon,
nurse, hospital). The patient could incur a damage while the responsibility
could be determined in another direction. For example, the damage could be the
result of incorrect indications given by a pharmacist regarding the use of a
drug, or that the damage is incurred by the patient himself through the
non-commitment or non implementation of the correct medical indications.