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العنوان
العرف الادارى وتطبيقاتة :
المؤلف
الشبلي، أحمد بن مصبح بن عبدالله.
هيئة الاعداد
باحث / أحمد بن مصبح بن عبدالله الشبلي
مشرف / وليد محمد الشناوي
مناقش / معتز ابوزيد
مناقش / احمد فاروق عبدالله
الموضوع
القانون المدني.
تاريخ النشر
2023.
عدد الصفحات
420 ص. ؛
اللغة
العربية
الدرجة
الدكتوراه
التخصص
قانون
تاريخ الإجازة
1/1/2023
مكان الإجازة
جامعة المنصورة - كلية الحقوق - قسم القانون العام
الفهرس
يوجد فقط 14 صفحة متاحة للعرض العام

from 420

from 420

المستخلص

Custom was a source of law, and many legal rules arose during this stage, whether in the field of public or private law, which led some to say that the principles inherent in our legal perceptions that conduct the course of accepted cases are all or some of them of a customary nature, so custom is considered a source of law. Sources of administrative law, which comes after legislation and is considered one of the unwritten sources. As for Islamic law, custom has been considered a binding source, as binding customs have been considered obligatory to follow, like established rules. We find that the basis of the legitimacy of custom in the Holy Qur’an is the Almighty’s saying: {Take pardon and enjoin custom and reject On the authority of the ignorant}, custom means what is commonly known, but its pillars are that it does not violate a legislative text and that it is implemented consistently, meaning that it is frequent and common. We find that the legal rules that jurists have deduced from custom are represented by (what is known by custom, such as what is conditional by condition), (what is not controlled by law or in language! It is returned to custom), and (truth is left as evidence of custom). Custom is the ruling system by which the wheel of transactions revolves. between people, reveals the meanings and goals of their words, delineates the limits of rights and obligations, and illuminates the judiciary’s argument, and this has been the case The source, in addition to legislation, we find that it has arisen in society in many forms, so we find it as a commercial, international, constitutional and administrative custom, and what concerns us in this research is the habit or behavior issued by the administration repeatedly, generally and legitimately to meet its needs for individual solutions in the issues presented to it and then it seeks to generalize that. In similar cases, this regular behavior is often coupled with the administration’s commitment to it and its adoption of it as a legal rule, and what is called the administrative customary rule arises.