The right of digital anonymity in national legislation and international agreements for Razan Abu Jamil

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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