الفهرس 
ماهية المحل التجارى وبيان عناصرهيوجد فقط 14 صفحة متاحة للعرض العام
 |  | from | 173 |  |  |
| | | from | 173 | | |
المستخلص
Faculty of Law Department of Commercial Law Graduate StudiesThe Role And Effect Of Moral Elements In Commercial Shops(A comparative study between Egyptian and Iraqi law)A dissertation submitted to fulfill the requirements for master’s degree in law By Ahmed Taha Kassem Supervision Prof. Essam Hanafi Mahmoud Prof. of Commercial Law Faculty of Law-Benha University Prof. Hanan Abdel-Aziz Makhlouf Prof. of Commercial Law Faculty of Law-Benha University 2018 Conclusion I searched through my modest dissertation a subject of great importance in influencing groups and countries economic life, namely business, especially that has proved its effective role during this long period of time and proved through my study of the idea of the commercial shops how it was converted by ideas and concepts and how was limited to the beginning of its inception in the middle centuries on everything that has a tangible physical entity and limited its financial assessment and not to exceed any other elements was based on goods and scales on which the trader relied on his activity.It was not so long ago, with the advent of industrial revolution in France and accompanying transformation of concepts and abandonment of old terms, including the meanings and the birth of new elements coincided with this huge development and the breadth of economic movement, and at the same distance near because of enormous technology and sources of communication and with breadth of the world of commercial competition necessitated the need for legislation to intervene and deal with organization because of the problems that resulted from this stage, including one of the resources affecting economy and legislative movement and the same time with treatments. When following the Iraqi legislator and his organizational treatment of the idea of business and how it is going to shift concepts of the idea of the business in the beginning and how to know the business under the shadow of Law No. 149 in 1970 and provide solutions that are almost wonderful for actions that respond to the commercial shop from the sale and mortgage and how quickly amended the continuation of the provision of processors and the addition of new building of the rules in line with modern transition concept and the transition from the material elements to utmost elements important for financial assessments when dealing with reputation, contact with customers and a trade name or title and licenses and other patents that overcame the counterpart of the material elements was almost relapse by the passage of the law of trade in force No. 30 of 1984, which is still in force as a special law dealing with the regulation of business and reluctance in the form of strange general treatments for the actions.
On the contrary, we note that Egyptian legislator began to adapt and change the concepts influenced by previous Arab and international legislation as well as the French and Moroccan legislators. Law No. 11 of 1949 was issued to deal with business sale and mortgage. In particular, the current Egyptian Trade Law No. 17 of 1977 introduced sophisticated treatments and did not neglect to rely on the above regulation and did not forget sharing general legislation represented by civil law with its general mandate to regulate what may be overlooked. I dealt with this subject in the form of two sections, the first of which was devoted to definition of the commercial shop in its old and modern concept and then to describe its characteristics which are distinguished by the fact that the legal nature of the commercial shop and the form of three investigations in the first chapter of it, the second chapter in the same section was dedicated to the elements of the composition of shop, the first of which was to show the moral elements that make up business as modern elements of business reputation and contact with customers and licenses, and patents by a detailed comparison in terms of organization of both legislators while the second section of the material elements in compliance with goods, tasks and tools.The second part of this dissertation dealt with actions that are received on commercial premises with its financial value based on the elements which consisted of them and dealt with behaviors that are received by its elements from the sale or mortgage indicating the effect of the substantive and formal conditions on both the sale and the pledge and two studies and it became clear to the researcher through his dissertation in commercial shop and its development according to its modern concept, certain results. As I have some recommendations, which are almost problems, need solutions by urging legislation to provide treatments. First, the commercial market has a great impact on trade movement, while between the producer and the consumer is the one who delivers the products (goods and services) from the source to the consumer and his role is great by showing the advantages of the products because of his experience and his ability to convince and trust and acceptance of the public using the broad base achieved because of what the consumer received of good treatment and became a safe source, the shop does not contain only high quality goods. Second, the shop is composed of various elements in terms of nature, the first material elements that had a historical start in terms of origin and the second is the modern moral elements, which prevailed over the counterpart and this supports the reason of jurisprudence agreement to accept the idea of most of the legislations based on such individual elements. Third, the shop consists of a variety of elements combined a problem for the idea of the shop in its modern concept, but this accession does not lead to the loss of its own self-identity. However, it remains retained and remains subjected to special provisions governed. Fourth, there are elements most indispensable of the object and its vanity, The concept of the shop is totally lacking, such as reputation and communication with customers. There is almost a consensus that they are one and sufficient element to create the idea of the shop. Fifth, because of the necessities of the process, which is missed by the urgent need to push a lot of legislation to abandon the general constants that underpin it. The general constants that are based on it in its legislation, such as the general rule possession of movable property title and exceeded it because it does not fit with the special nature of business is the need to continue possession under the hands of the current to ensure continuation of business if he had to prove his commercial position. Sixth, the process of business circulation in its old concept is limited only to natural transition represented by inheritance, but transformation that accompanied the concept of shop opened the door wide for receipting many behaviors such as sale, rent and mortgage and accept the idea of entry as a partnership in commercial companies. Seventh, The legislations between the process of proof conduct and dealing with special rules regulated by certain laws as the law of proof and limited formality only on real estate must be registered with private departments, but contrary to the provisions of the law, This approach with commercial shop and the need to write for all the actions that respond and arranged the effect of not taking into account is considered invalidity. Recommendations:1.The current dissertation is a lawsuit along with many calls and voices that have long urged the ethnic legislator to re-examine the commercial premises and not to violate the general approach taken by many Arab and international legislation that the commercial premises and its various elements must be recognized through the regulation of special legislation adopts the idea of business with its modern concept 2. It is known that the general rules apply to their generality and that they are valid for all times and do not change normally. Some necessities necessitated the introduction of one or more exceptions. However, if there are many exceptions, this leads to a clear meaning of their lack of validity. The emergence of obligations to replace them, such as the adoption of comparative legislation the principle of financial unity of the allowance, which prevents decomposition of this principle and the introduction of the multiple receivables principle.3.Many Arab and international legislations have established that the commercial shop is a movable property subject to the judgment of acts that the individuals provide. If the basis of the contracts received is satisfaction, what is the justification for the legislator’s failure to impose a formality, if the purpose is to prove such behavior, in the process of proof, and this leads to say that the Egyptian legislator has been very reluctant to restrict willingness of the contractors to write.4.It is well known that the commercial shop is a moral, movable property based on basic elements, essential and positive at the same time. However, it is not enough, so do not forget about the existence of the rest of the elements, each complementary to the other.In conclusion, I hope that I have succeeded in my dissertation to provide something that serves other researchers in such a tributary of the economy resources. Asking God the Almighty to be a good work and benefit us afterlife and not be a bad Sunna that violated the rule of legitimacy, and that the mistakes of my soul.