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العنوان
فلسفة النظام العام وأثرها على المعاملات في القوانين القديمة والحديثة /
المؤلف
أحمد، دينا هشام.
هيئة الاعداد
باحث / دينا هشام أحمد
مشرف / فاطمة محمد عبد العليم
مشرف / محمد علي الصافوري
مشرف / فاطمة محمد عبد العليم
مشرف / علي عبد الفتاح محمد
تاريخ النشر
2022.
عدد الصفحات
322 ص. ؛
اللغة
العربية
الدرجة
الدكتوراه
التخصص
قانون
الناشر
تاريخ الإجازة
27/10/2022
مكان الإجازة
جامعة بني سويف - كلية الحقوق - فلسفه القانون و تشريعاته
الفهرس
يوجد فقط 14 صفحة متاحة للعرض العام

from 321

from 321

المستخلص

In this study, we discussed the idea of public order and the extent of its impact on legal behavior and transactions in these different eras, and the extent of the importance of deduction and measurement of the jurisprudential comments and judicial positions that were taking place in this regard, which had the greatest role in standing on the truth and extent of this influence.
The aim of this study was to list the developments that occurred to the idea of public order through different ages, and to compare the impact of this idea on legal behavior in general and transactions in particular in ancient and modern laws, and we shed light on some of the results that occurred in the transaction movement as a result of the change that affected The concept of public order and its legal philosophy, and the diversity of its images in proportion to all the different fields. Then we made a legal analysis of the concept of this idea and the extent of its impact on the movement of transactions starting from ancient times through the Middle Ages and ending with the modern and contemporary eras.
Since the conclusion of any research should deal with the results and recommendations that have been reached without falling into a repetition of what came in the folds of this research, the starting point in this research was to address the idea of general order and its impact on transactions, and to reach this goal we had to be exposed For a detailed study of transactions in ancient and modern laws, so that we can stand the extent of the impact of public order on these transactions
Introductory chapter: What is the public system and its distinction from others?
The first topic: What is the general system?
The second topic: the boundaries between public order and other terms
Part One: The effect of public order on transactions in old laws
Chapter One: Public order in Ancient Western Laws
The first topic: public order and its impact on transactions in Roman law
The second topic: public order in Greek laws
Chapter Two: Public order in the Ancient Eastern Laws.
The first topic: the general system of the Babylonians and the Assyrians.
The second topic: Public order in Pharaonic Egypt
Part Two: Public order and Transactions in Islamic Sharia and Modern Laws
Chapter One: The role of public order in Islamic law
The first topic: Islamic Sharia’s view of the public system
The second topic: the religious form of the public order
Chapter Two: The role of public order in modern laws
The first topic: the development of the idea of public order
The second topic: the preventive role ”preventive public order”.