The right of digital anonymity in national legislation and international agreements for Razan Abu Jamil
69ر.س
Product description
Number of volumes: 14
Edition number: 3
Type of binding: artistic
Measurement: 24×17
Weight: 20,700
Type of paper: white
Pages: 1496 - 2500 grams
Printing colors: black and white
Contents of the encyclopedia
First volume (two sections):
Theory of obligation in a general face - sources of obligation
Introduction: a look at the new civil codification
How it was established - how its interpretation is - what new provisions were introduced - and what general directions are drawn
1- Civil codification revision
How the idea of revision was formed - how the idea of revision was achieved (committees that succeeded each other in revising the civil law)
2- The rules on which the revision was based - how the defects of the old codification were addressed - sources of revision and methods of interpretation in the new codification
3- Fundamental differences between the old and new codifications - what the new codification introduced of provisions that were not previously applied - and what provisions from the old codification were previously applied
4- General orientations of the new codification - the position of the new codification regarding modern technological trends - the new codification between stability and development, and between the individual and the community
Book One: From the new civil codification
Obligations in general
Introductory word about obligation
Sources of obligation
Introduction to the arrangement of sources of obligation
Chapter One: Contract
Definition, principle of sovereignty of administration, division of contracts, consensual contract, formal contract, real contract, named contract, unnamed contract, simple contract, mixed contract, bilateral obligation contract, unilateral obligation, reciprocal contract, donation contract, definite contract, probabilistic contract, immediate contract, temporal contract.
Section One: Elements of the contract
First subsection: Consent
First M section: Existence of consent
First M requirement: Expression of will
Second M requirement: Agreement of wills
Third M requirement: Preliminary stage in contracting
Second subsection: Validity of consent
First M: Capacity
Second M: Defects of consent
Second subsection: Validity of the contract
First M: The subject matter
First M: The existence or possibility of the subject matter
Second M: The specificity or assignability of the subject matter
Third M: The negotiability of the subject matter
First requirement: Agreements that violate public order
Second requirement: Agreements that violate morals
Third subsection: The cause
First M: How the theory of cause originated
First M: Cause theory in Roman law
Second M: Cause theory in French law
Second M: Cause theory in modern law
First: The traditional theory of cause
Second: The modern theory of cause
Third: Cause theory in the new Egyptian codification
Fourth: Sanction: nullity theory
First M: Effects of the null and void contract and the annulable contract
First M: The pathological effects of the null contract
Second: The primary effects of the null contract
Second M: Authorization and ratification
First: Authorization
Second: Ratification
Third: Declaring nullity (nullity lawsuit)
First: Who claims nullity
Second: How nullity is determined
Third: Effect of declaring nullity
Chapter Two: Effects of the contract
First subsection: The binding force of the contract with respect to persons
First M: Effect of the contract on contracting parties
First: General succession
Second: Specific succession
Second M: Effect of the contract on third parties
First: Guarantees for third parties
Second: Conditions for third-party benefit
Second subsection: The binding force of the contract with respect to the subject matter
First M: Defining the subject matter of the contract
First: Interpretation of the contract
Second: Determining the scope of the contract
Third: Obligating the contracting parties to implement the contract (the contract is the law of the contracting parties)
Second: Contractual liability (penalty of the contract)
First: Contractual fault
Second: Damage
Third: The causal relationship between fault and damage
Chapter Three: Dissolution of the contract
First section: Termination of the contract
First M: Termination by judicial ruling
First M: Conditions for claiming termination
Second: How to exercise the right of termination
Third: Effects of the termination
Second M: Termination by agreement
Third: Contract termination by law
Second section: Non-fulfillment of the contract
First M: Who can invoke non-fulfillment after the contract has been executed
Second: How to invoke non-fulfillment after the contract has been executed
Third: Effects of invoking non-fulfillment
Chapter Four: Effects of the contract
First subsection: The enforceability of the contract concerning persons
First M: Effect of the contract on the contracting parties
First: General succession
Second: Specific succession
Second M: Effect of the contract on third parties
First: Guarantees for third parties
Second: Conditions for third-party benefit
Second subsection: The enforceability of the contract concerning the subject matter
First M: Defining the subject of the contract
First: Interpretation of the contract
Second: Determining the scope of the contract
Third: Obligating the contracting parties to execute the contract (the contract is the law of the parties)
Second: Contractual responsibility (penalty of the contract)
First: Contractual fault
Second: Damage
Third: The causal relationship between fault and damage
Chapter Five: Dissolution of the contract
First subsection: Dissolution by termination
First M: Dissolution by judicial ruling
First: Conditions for claiming dissolution
Second: How to exercise the right of dissolution
Third: Effects of dissolution
Second M: Dissolution by agreement
Third: Dissolution by law
Second subsection: Non-performance of the contract
First M: Who can invoke non-performance
Second: How to invoke non-performance
Third: Effects of non-performance
Second chapter: Unlawful acts (tort liability)
Distinction between moral responsibility and legal responsibility, between criminal responsibility and civil responsibility, between contractual responsibility and tort responsibility, development of tort responsibility
Chapter One: Responsibility for personal acts
First subsection: Elements of tort responsibility
First M: Fault
First: Defining fault in tort responsibility
Second: Various applications of the fault concept
Second: Damage
First: Material damage
Second: Moral damage
Third: The causal relationship between fault and damage
Third: Effects of responsibility
First: Lawsuit for responsibility
First: Parties to the lawsuit
Second: Claims and defenses
Third: Evidence
Fourth: Judgment in responsibility lawsuit
Second: Penalty of responsibility
First: Compensation in its usual form
Second: Compensation in its modified form
Chapter Two: Responsibility for acts of others and responsibility arising from objects
First subsection: Responsibility for acts of others
First: Responsibility of those who must supervise those under their control
First: When does the supervisor's responsibility arise
Second: The basis of the supervisor's responsibility
Second: Responsibility of the superior for the subordinate
First: When does the responsibility of the superior arise
Second: The basis of the responsibility of the superior
Second subsection: Responsibility arising from objects
First: Responsibility of the animal keeper
First: When does the responsibility of the animal keeper arise
Second: The basis of the responsibility of the animal keeper
Second: Responsibility of the building keeper
First: When does the responsibility for the collapse of the building arise
Second: The basis of responsibility for the collapse of the building
Third: Responsibility of the keeper of objects
First: When does the responsibility of the keeper of objects arise
Second: On what basis is the responsibility of the keeper of objects founded
Chapter Three: Unjust enrichment
Historical development of the unjust enrichment rule, Roman law, old French law, Islamic jurisprudence, English law, modern French law, old Egyptian law, new Egyptian codification
First chapter: The general rule: unjust enrichment
First subsection: Elements of unjust enrichment
First M: Enrichment of the debtor
Positive enrichment and negative enrichment, direct enrichment and indirect enrichment, material and moral enrichment
Second: The impoverishment of the creditor
First: Positive impoverishment and negative impoverishment, direct impoverishment and indirect impoverishment, material and moral impoverishment
Third: The direct causality between impoverishment and enrichment
Second M: Lack of cause
Differences among jurists in defining the meaning of cause, literary meaning, economic-legal meaning, meaning of cause in the new Egyptian codification, cause as the legal source of gaining the enrichment
Third M: No need for the lawsuit of unjust enrichment to be a precautionary or residual claim, or for the enrichment to remain at the time of filing the lawsuit
First: No need for the lawsuit of unjust enrichment to be precautionary
Second: No need for the enrichment to be present at the time of filing the lawsuit
Second chapter: Rules of unjust enrichment
First subsection: The parties
Claims and defenses, evidence, judgment
Second: Penalty or compensation, how to assess the enrichment, how to assess the impoverishment, guarantees accompanying compensation
Chapter Two: Unjust enrichment by unjustified payment and usury
First subsection: Unjustified payment
First: Elements of unjustified payment
First: Two cases of unjustified payment
Second: Legal characterization of the obligation to return what was taken without right
Second: Rules of unjustified payment
First: The plaintiff and defendant in the lawsuit for recovery of unjustified payment
Second: How claims for recovery are made and what is claimed
Third: How the obligation to recover is lost
Second: Usury
First: Elements of unjustified payment
First: Two cases of unjustified payment
Second: Legal characterization of the obligation to return what was taken without right
Second: Rules of unjustified payment
First: The plaintiff and defendant in the lawsuit for recovery of unjustified payment
Second: How claims for recovery are made and what is claimed
Third: How the obligation to recover is lost
Chapter Three: Legal actions for recovery
First: The legal actions for recovery
Second: How to file a claim for recovery
Third: Effects of the claim for recovery
Second part: Personal rights and guarantees
The legal guarantee and its sources, the importance of guarantees, guarantees for personal rights, guarantees for objects, guarantees for rights
First section: Personal guarantees
First: Guarantees before the appearance of personal guarantees in the legal system
Second: The development of personal guarantees in legal history
Third: Characteristics of the guarantee contract
Fourth: The obligation to provide a guarantor
Fifth: What the new codification introduced regarding guarantees
Chapter One: Elements of the guarantee
First M: The original obligation guaranteed
The original obligation guaranteed in itself
The original obligation guaranteed is what determines the extent of the guarantor's obligation
Second: The agreement between the guarantor and the creditor (the guarantee contract)
Chapter Two: Effects of the guarantee
First: The relationship between the guarantor and the creditor
First: The guarantor is not jointly liable with the debtor or with other guarantors
Second: The guarantor is jointly liable with the debtor or with other guarantors
Second: The relationship between the guarantor and the debtor, and between him and the obligated parties
First: The relationship between the guarantor and the debtor
Recourse of the guarantor against the debtor (personal action)
Recourse of the guarantor against the debtor by substitution (subrogation)
Recourse of the guarantor against the joint obligors
Second: The relationship between the creditor and the debtor
Indemnity of the original debtor towards the creditor
Guarantee of the guarantor for the benefit of the guarantor
Third: The termination of the guarantee
First: Termination by secondary reasons
Second: Termination by primary reasons
First: Termination of the guarantor's obligation without the guaranteed debt due to reasons of termination
Second: Specific reasons for termination other than those related to the guarantee
Third: Declaring the nullity of the guarantee (nullity lawsuit)
First: Who claims nullity
Second: How nullity is determined
Third: Effect of declaring nullity
Second part: Guarantees on objects
The legal guarantee and its sources, the importance of guarantees, guarantees for personal rights, guarantees for objects, guarantees for rights
First section: Personal guarantees
First: Guarantees before the appearance of personal guarantees in the legal system
Second: The development of personal guarantees in legal history
Third: Characteristics of the guarantee contract
Fourth: The obligation to provide a guarantor
Fifth: What the new codification introduced regarding guarantees
Chapter One: Elements of the guarantee
First M: The original obligation guaranteed
The original obligation guaranteed in itself
The original obligation guaranteed is what determines the extent of the guarantor's obligation
Second: The agreement between the guarantor and the creditor (the guarantee contract)
Chapter Two: Effects of the guarantee
First: The relationship between the guarantor and the creditor
First: The guarantor is not jointly liable with the debtor or with other guarantors
Second: The guarantor is jointly liable with the debtor or with other guarantors
Second: The relationship between the guarantor and the debtor, and between him and the obligated parties
First: The relationship between the guarantor and the debtor
Recourse of the guarantor against the debtor (personal action)
Recourse of the guarantor against the debtor by substitution (subrogation)
Recourse of the guarantor against the joint obligors
Second: The relationship between the creditor and the debtor
Indemnity of the original debtor towards the creditor
Guarantee of the guarantor for the benefit of the guarantor
Third: The termination of the guarantee
First: Termination by secondary reasons
Second: Termination by primary reasons
First: Termination of the guarantor's obligation without the guaranteed debt due to reasons of termination
Second: Specific reasons for termination other than those related to the guarantee
Third: Declaring the nullity of the guarantee (nullity lawsuit)
First: Who claims nullity
Second: How nullity is determined
Third: Effect of declaring nullity

