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Auteur موسى مرمون |
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Titre : التزام البنك بفحص المستندات و مطابقتها في الاعتماد المستندي. Type de document : texte imprimé Auteurs : صحر بن تومي, Auteur ; موسى مرمون, Directeur de thèse Editeur : جامعة الإخوة منتوري قسنطينة Année de publication : 2019 Importance : 479 ورقة. Format : 30 سم. Note générale : Doctorat en 3 éme cycle LMD.
1نسخ موجودة مكتبة المركزيةLangues : Arabe (ara) Catégories : Arabe
القانونTags : القانون الخاص: قانون الاعمال الاعتماد المستندي فحص المستندات البنك الفاحص تعليمات العميل قاعدة التنفيذ الحرفي المطابقة الظاهرية المستندات المخالفة الغش في المستندات المسؤولية المصرفية Documentary credit documents examination bank examiner customer instructions manual execution rule virtual conformity infringing documents fraud in documents Banking responsibility Le crédit documentaire La vérification des documents La banque examinatrice les instructions du client La règle de l'implémentation littérale conformité virtuelle Les documents contrefaisants fraude dans les documents La responsabilité bancaire Index. décimale : 340 القانون Résumé :
The Bank's obligation to examine the documents and to ensure that they are ostensibly identical to the conditions and specifications contained in the instructions of its client is one of the most difficult and precise obligations imposed upon it, it constitutes the essential element of documentary credit since the latter is dealt with solely on the basis of documents and not on the basis of the goods, therefore, this examination is the basic guarantee of the buyer ordering the direction of the beneficiary in which he can judge the extent of the implementation of the latter terms and conditions of the contract of sale, It also represents a guarantee to the bank because of the right of mortgage on the documents submitted to him to recover what he paid to the beneficiary in the event of the debtor's failure to pay or delay it.Therefore, the examining bank must ensure the apparent conformity of documents, which the order seeks based on the standard of international banking practices on the one hand, and on the other hand, it must also adhere to a set of principles during its examination, the most important of which is the rule of literal implementation through which the bank literally implements the customer’s instructions especially if the latter is clear and straightforward, It shall have no discretionary power to interpret, conclude, or even take account of any elements outside the contract of accreditation , the payment to the beneficiary is only for the presentation of identical documents that are fully and substantially identical to the terms of the accreditation, further, the accuracy and importance of the obligation to examine it raises a legal aspect that is primarily related to the responsibility of the bank in the breach of the implementation of this obligation in a correct and sound manner, both in the face of client and the commander or beneficiary, the decision to accept or reject the documents is dangerous in practice. Therefore, the banks must be issued for adoption or are involved in its implementation, taking into account the rules and principles that are subject to the examination of documents, that last is considered as the security valve and the only means to ensure the safety of the goods and the implementation of the beneficiary's obligations, the success or failure of the documentary credit process depends on a large extent on the success of the examination process and the bank's compliance with its obligations with accuracy and professionalism and ensuring that the documents conform to the requirements of the accreditation.Note de contenu :
الملاحق.Diplôme : Doctorat En ligne : ../theses/droit/ABEN4463.pdf Format de la ressource électronique : Permalink : index.php?lvl=notice_display&id=11726 التزام البنك بفحص المستندات و مطابقتها في الاعتماد المستندي. [texte imprimé] / صحر بن تومي, Auteur ; موسى مرمون, Directeur de thèse . - جامعة الإخوة منتوري قسنطينة, 2019 . - 479 ورقة. ; 30 سم.
Doctorat en 3 éme cycle LMD.
1نسخ موجودة مكتبة المركزية
Langues : Arabe (ara)
Catégories : Arabe
القانونTags : القانون الخاص: قانون الاعمال الاعتماد المستندي فحص المستندات البنك الفاحص تعليمات العميل قاعدة التنفيذ الحرفي المطابقة الظاهرية المستندات المخالفة الغش في المستندات المسؤولية المصرفية Documentary credit documents examination bank examiner customer instructions manual execution rule virtual conformity infringing documents fraud in documents Banking responsibility Le crédit documentaire La vérification des documents La banque examinatrice les instructions du client La règle de l'implémentation littérale conformité virtuelle Les documents contrefaisants fraude dans les documents La responsabilité bancaire Index. décimale : 340 القانون Résumé :
The Bank's obligation to examine the documents and to ensure that they are ostensibly identical to the conditions and specifications contained in the instructions of its client is one of the most difficult and precise obligations imposed upon it, it constitutes the essential element of documentary credit since the latter is dealt with solely on the basis of documents and not on the basis of the goods, therefore, this examination is the basic guarantee of the buyer ordering the direction of the beneficiary in which he can judge the extent of the implementation of the latter terms and conditions of the contract of sale, It also represents a guarantee to the bank because of the right of mortgage on the documents submitted to him to recover what he paid to the beneficiary in the event of the debtor's failure to pay or delay it.Therefore, the examining bank must ensure the apparent conformity of documents, which the order seeks based on the standard of international banking practices on the one hand, and on the other hand, it must also adhere to a set of principles during its examination, the most important of which is the rule of literal implementation through which the bank literally implements the customer’s instructions especially if the latter is clear and straightforward, It shall have no discretionary power to interpret, conclude, or even take account of any elements outside the contract of accreditation , the payment to the beneficiary is only for the presentation of identical documents that are fully and substantially identical to the terms of the accreditation, further, the accuracy and importance of the obligation to examine it raises a legal aspect that is primarily related to the responsibility of the bank in the breach of the implementation of this obligation in a correct and sound manner, both in the face of client and the commander or beneficiary, the decision to accept or reject the documents is dangerous in practice. Therefore, the banks must be issued for adoption or are involved in its implementation, taking into account the rules and principles that are subject to the examination of documents, that last is considered as the security valve and the only means to ensure the safety of the goods and the implementation of the beneficiary's obligations, the success or failure of the documentary credit process depends on a large extent on the success of the examination process and the bank's compliance with its obligations with accuracy and professionalism and ensuring that the documents conform to the requirements of the accreditation.Note de contenu :
الملاحق.Diplôme : Doctorat En ligne : ../theses/droit/ABEN4463.pdf Format de la ressource électronique : Permalink : index.php?lvl=notice_display&id=11726 Exemplaires (1)
Code-barres Cote Support Localisation Section Disponibilité بنت/4463 بنت/4463 Thèse Bibliothèque principale Thèses Disponible
Titre : الحماية القضائية للأسرة : (الزواج والطلاق). Type de document : texte imprimé Auteurs : هاجر عبد الدايم, Auteur ; موسى مرمون, Directeur de thèse Editeur : جامعة الإخوة منتوري قسنطينة Année de publication : 2021 Importance : 432 ورقة. Format : 30 سم. Note générale : Doctorat en 3 éme cycle LMD.
1نسخ موجودة مكتبة المركزية
Langues : Arabe (ara) Catégories : Arabe
القانونTags : القانون الخاص: قانون الأسرة الحماية القضائية الدور الاصلاحي الدور الرقابي الدور الوقائي الاسرة الزوج والطلاق Judicial Protection The reformist role Control role Preventive role of the family Marriage and Divorce Protection Judiciaire Le rôle réformiste Rôle de contrôle Rôle préventif de la famille Mariage et Divorce Index. décimale : 340 القانون Résumé : This study deals with the issue of judicial protection of the family - marriage and divorce - which aims to preserve the dignity, rights and freedoms of spouses and children, and fair justice between them through justice. As is known, the idea of family protection has been and still is the subject of continued interest and research by many jurists and scholars, by virtue of what this idea raises in terms realistic legal issues and litigation. Consequently, the role of the judge in family cases is limited to ensuring the protection and preservation of the family in various mechanisms, since the work of the judge is a humanitarian function in which there is a great social aspect. Family law has broadened the intervention of the judge by finding the appropriate solution according to the different circumstances and circumstances and the implementation of his authority to find appropriate solutions between the spouses. Even if it suffers from a certain disintegration; Therefore, our study is divided into two parts: The reformist role of the judiciary lies in the preservation of family unity, which revolves around the role that the judge plays and assumes in preserving the family entity through the exercise of his loyal work, and what this means. is that there are actions that the judge performs. Other than the dispute resolution work of disputes, such as his practice of his fair work through his interference in the protection of minors. In particular, the granting of judicial authorization to marry her before the legal age according to the text of article 07 of the Family Code, as well as what is related to the management of her money and the very effects important results, It was also concluded through our research that the Algerian legislator has included new articles affecting the code of civil and administrative procedures and the penal code that support the protection of minors. However, on the other
hand, there is no text which recognizes and gives the right to a minor to plead for divorce and its effects. This is due to the risk of taking a stand for divorce due to his youth and lack of awareness of the consequences of things. In addition, it can be said that the judge has an important role in the granting of the authorization of polygamy, which came in the text of article 08 of the family code allowing the restriction of polygamy within a framework and special conditions. This section gave the judge wide discretion to grant permission to marry to those who desire polygamy. This is when the husband does not abuse this right. The judge intervenes in the assessment of the existence of the legitimate justification and
in the establishment of the intention of justice, and the judge also interferes in the assessment of the opinion of the ex-wife and of the woman he agrees to marry, as the role of family affairs the judge is limited to ensuring that the ex-wife and subsequent wife are informed. The judge also intervenes in the reconciliation between the spouses and modifies his efforts by activating the different mechanisms that help him to be reconciled between the spouses, considering that reconciliation is one of the most important steps on which the protection of the family is based. family, Where we find the text of article 49 forced the judge to deploy all his efforts to bridge the gap of points of view and try to reconcile, and to find solutions to reduce conflicts and disagreements and to protect the family and
children in particular; In addition to family reconciliation, there is a second judicial mechanism which strengthens the protection of the family and helps to activate the arbitration mechanism, so that the judge intervenes in the appointment of the two judgments according to the law or to the spouses request. The judge also determines the mission of the two arbitrators and asks them to appear within two months, in accordance with article 56 FC. The judge must work based on the
submitted report, and in its light will be able to rule on the 'case, as he may also dismiss the report and appoint two other arbitrators. The Algerian legislator neglected the family mediation mechanism, which is not new, but rather has existed since, and came to settle disputes and inevitably contributes to maintaining the cohesion and stability of the family and made the prosecution a main party
in all matters related to the family after its intervention was an exception in some family matters and an organized party. The supervisory role of the judiciary is linked to the protection of the weak part of the family, through the implementation of its supervisory role; This may be the responsibility of the husband, the wife or even the children; By the judge's investigation into the damage caused to the injured party and his compensation, starting with the engagement, because it is a prelude to the marriage contract, Noting that the scope of the judge's intervention in this case is limited in the case of one of the two fiancées, articles 5 and 6 of the FC stipulating that the revocation affects both the gifts and the dowry; And repair the resulting damage to refrain from engagement. According to the text of Article 5, Paragraph 2, so that the judge adjusts the annulment that caused the damage necessary for compensation by
examining the reasons. In addition to the above, we also refer to the positive role of the judge in the assessment of damages in the event of divorce, so that the judge intervenes and decides for the injured party a fair compensation, and this differs according to the environment and the custom. The adopted norm is the personal norm, and it is also subject to the difference of dissolution of the marital bond, And we also note that the Algerian legislator has enumerated the reasons which allow the request for divorce, the intervention of the judge,
and the role that it plays in the appreciation of divorce cases, which is to check whether there are reasons or not, With regard to arbitrary divorce, which is stipulated in article 52 of the FC, the judge has the power to assess arbitrary divorce by deciding the divorced woman to compensate for the damage caused to her whenever it appears to her that the husband was abusive in the divorce.
As for the cases of abandonment, which are mentioned in article 52 of the CF, we note that the legislator did not specify the cases of abandonment or defined them, but left it to judicial jurisprudence and underlined the role played by the judge in determining according to judicial jurisprudence to demand divorce and compensation from the injured party. But he rather left to the case law and underlined the role played by the judge during the determination according to the case law, to rule on the divorce and the compensation of the injured party.
The law granted the judge a positive role, which is mainly represented in the
maintenance and residence of the divorced woman, taking into account certain principles such as the living conditions and the financial situation of the husband. We also spoke about the power of the judge to protect the rights of the divorced woman over the financial and non-financial assets of the family. As well as its role in determining the statutory retirement pension and, abandonment pension, and alimony; We also discussed the preventive role of the judiciary in paternity claims by evaluating traditional legal methods of establishing parentage after confirming the existence of a valid marriage. The role of the family court judge is also evident in establishing the lineage by modern scientific methods, and the code of civil and administrative procedures allows the judge to seek the help of experience and hear witnesses. We also find its role in the field of nonfiliation, whether by legal means, namely people stricken with anathema. It should also be noted that the genetic fingerprint is not considered as proof of non-parentage. Finally, we have dealt with the supervisory role of the judiciary in the resolution of disputes relating to custody through the use by the judge of its positive role in the allocation and extension of custody, the assessment of the interests of the child in custody, as well as its abandonment, taking into account the interests of the latter, and we also mentioned the assessment by the judge of the financial rights related to custody.Diplôme : Doctorat En ligne : ../theses/droit/AABD4537.pdf Format de la ressource électronique : Permalink : index.php?lvl=notice_display&id=11801 الحماية القضائية للأسرة : (الزواج والطلاق). [texte imprimé] / هاجر عبد الدايم, Auteur ; موسى مرمون, Directeur de thèse . - جامعة الإخوة منتوري قسنطينة, 2021 . - 432 ورقة. ; 30 سم.
Doctorat en 3 éme cycle LMD.
1نسخ موجودة مكتبة المركزية
Langues : Arabe (ara)
Catégories : Arabe
القانونTags : القانون الخاص: قانون الأسرة الحماية القضائية الدور الاصلاحي الدور الرقابي الدور الوقائي الاسرة الزوج والطلاق Judicial Protection The reformist role Control role Preventive role of the family Marriage and Divorce Protection Judiciaire Le rôle réformiste Rôle de contrôle Rôle préventif de la famille Mariage et Divorce Index. décimale : 340 القانون Résumé : This study deals with the issue of judicial protection of the family - marriage and divorce - which aims to preserve the dignity, rights and freedoms of spouses and children, and fair justice between them through justice. As is known, the idea of family protection has been and still is the subject of continued interest and research by many jurists and scholars, by virtue of what this idea raises in terms realistic legal issues and litigation. Consequently, the role of the judge in family cases is limited to ensuring the protection and preservation of the family in various mechanisms, since the work of the judge is a humanitarian function in which there is a great social aspect. Family law has broadened the intervention of the judge by finding the appropriate solution according to the different circumstances and circumstances and the implementation of his authority to find appropriate solutions between the spouses. Even if it suffers from a certain disintegration; Therefore, our study is divided into two parts: The reformist role of the judiciary lies in the preservation of family unity, which revolves around the role that the judge plays and assumes in preserving the family entity through the exercise of his loyal work, and what this means. is that there are actions that the judge performs. Other than the dispute resolution work of disputes, such as his practice of his fair work through his interference in the protection of minors. In particular, the granting of judicial authorization to marry her before the legal age according to the text of article 07 of the Family Code, as well as what is related to the management of her money and the very effects important results, It was also concluded through our research that the Algerian legislator has included new articles affecting the code of civil and administrative procedures and the penal code that support the protection of minors. However, on the other
hand, there is no text which recognizes and gives the right to a minor to plead for divorce and its effects. This is due to the risk of taking a stand for divorce due to his youth and lack of awareness of the consequences of things. In addition, it can be said that the judge has an important role in the granting of the authorization of polygamy, which came in the text of article 08 of the family code allowing the restriction of polygamy within a framework and special conditions. This section gave the judge wide discretion to grant permission to marry to those who desire polygamy. This is when the husband does not abuse this right. The judge intervenes in the assessment of the existence of the legitimate justification and
in the establishment of the intention of justice, and the judge also interferes in the assessment of the opinion of the ex-wife and of the woman he agrees to marry, as the role of family affairs the judge is limited to ensuring that the ex-wife and subsequent wife are informed. The judge also intervenes in the reconciliation between the spouses and modifies his efforts by activating the different mechanisms that help him to be reconciled between the spouses, considering that reconciliation is one of the most important steps on which the protection of the family is based. family, Where we find the text of article 49 forced the judge to deploy all his efforts to bridge the gap of points of view and try to reconcile, and to find solutions to reduce conflicts and disagreements and to protect the family and
children in particular; In addition to family reconciliation, there is a second judicial mechanism which strengthens the protection of the family and helps to activate the arbitration mechanism, so that the judge intervenes in the appointment of the two judgments according to the law or to the spouses request. The judge also determines the mission of the two arbitrators and asks them to appear within two months, in accordance with article 56 FC. The judge must work based on the
submitted report, and in its light will be able to rule on the 'case, as he may also dismiss the report and appoint two other arbitrators. The Algerian legislator neglected the family mediation mechanism, which is not new, but rather has existed since, and came to settle disputes and inevitably contributes to maintaining the cohesion and stability of the family and made the prosecution a main party
in all matters related to the family after its intervention was an exception in some family matters and an organized party. The supervisory role of the judiciary is linked to the protection of the weak part of the family, through the implementation of its supervisory role; This may be the responsibility of the husband, the wife or even the children; By the judge's investigation into the damage caused to the injured party and his compensation, starting with the engagement, because it is a prelude to the marriage contract, Noting that the scope of the judge's intervention in this case is limited in the case of one of the two fiancées, articles 5 and 6 of the FC stipulating that the revocation affects both the gifts and the dowry; And repair the resulting damage to refrain from engagement. According to the text of Article 5, Paragraph 2, so that the judge adjusts the annulment that caused the damage necessary for compensation by
examining the reasons. In addition to the above, we also refer to the positive role of the judge in the assessment of damages in the event of divorce, so that the judge intervenes and decides for the injured party a fair compensation, and this differs according to the environment and the custom. The adopted norm is the personal norm, and it is also subject to the difference of dissolution of the marital bond, And we also note that the Algerian legislator has enumerated the reasons which allow the request for divorce, the intervention of the judge,
and the role that it plays in the appreciation of divorce cases, which is to check whether there are reasons or not, With regard to arbitrary divorce, which is stipulated in article 52 of the FC, the judge has the power to assess arbitrary divorce by deciding the divorced woman to compensate for the damage caused to her whenever it appears to her that the husband was abusive in the divorce.
As for the cases of abandonment, which are mentioned in article 52 of the CF, we note that the legislator did not specify the cases of abandonment or defined them, but left it to judicial jurisprudence and underlined the role played by the judge in determining according to judicial jurisprudence to demand divorce and compensation from the injured party. But he rather left to the case law and underlined the role played by the judge during the determination according to the case law, to rule on the divorce and the compensation of the injured party.
The law granted the judge a positive role, which is mainly represented in the
maintenance and residence of the divorced woman, taking into account certain principles such as the living conditions and the financial situation of the husband. We also spoke about the power of the judge to protect the rights of the divorced woman over the financial and non-financial assets of the family. As well as its role in determining the statutory retirement pension and, abandonment pension, and alimony; We also discussed the preventive role of the judiciary in paternity claims by evaluating traditional legal methods of establishing parentage after confirming the existence of a valid marriage. The role of the family court judge is also evident in establishing the lineage by modern scientific methods, and the code of civil and administrative procedures allows the judge to seek the help of experience and hear witnesses. We also find its role in the field of nonfiliation, whether by legal means, namely people stricken with anathema. It should also be noted that the genetic fingerprint is not considered as proof of non-parentage. Finally, we have dealt with the supervisory role of the judiciary in the resolution of disputes relating to custody through the use by the judge of its positive role in the allocation and extension of custody, the assessment of the interests of the child in custody, as well as its abandonment, taking into account the interests of the latter, and we also mentioned the assessment by the judge of the financial rights related to custody.Diplôme : Doctorat En ligne : ../theses/droit/AABD4537.pdf Format de la ressource électronique : Permalink : index.php?lvl=notice_display&id=11801 Exemplaires (1)
Code-barres Cote Support Localisation Section Disponibilité عبد/4537 عبد/4537 Thèse Bibliothèque principale Thèses Disponible
Titre : مدى تساوي المراكز القانونية بين الزوجين : القانون الجزائري و المواثيق الدولية. Type de document : texte imprimé Auteurs : عماد حميدة, Auteur ; موسى مرمون, Directeur de thèse Editeur : جامعة الإخوة منتوري قسنطينة Année de publication : 2021 Importance : 565 ورقة. Format : 30 سم. Note générale : Doctorat en 3 éme cycle LMD.
1نسخ موجودة مكتبة المركزية
Langues : Arabe (ara) Catégories : Arabe
القانونTags : القانون الخاص: : قانون الأسرة مراكز الزوجين المساواة القانون الجزائري المواثيق الدولية Spouses Statuses Equality Algerian Law International Conventions tatuts des époux L’égalité Droit Algérien Conventions Internationales Index. décimale : 340 القانون Résumé :
The theme of this study entitled ""The extent of equal legal status between spouses: The Algerian Law and International Conventions” is on the study of the legal regulation of the status of spouses in Algerian law compared to the international legal system, whose provisions call for the application of full gender equality in family relations, a study in the context of cultural differences, and under Algeria's international obligations. Given the international trends and their effects on the course of legislation in Algeria, addition to some voices calling for equality at the domestic level; Algerian legislator adopted amendments based on equality between men and women, on all laws that intersect with the family system. Starting by amendment of the Family code which finds its legislative source primarily in Islamic law according to ordinance 05-02 of 2005. This amendment coincided with the amendment of the Algerian Nationality Law under Ordinance No 05- 01, so that the legislator in the regulation of relations between spouses in the family law seemed biased to the status of women, in order to reach its maximum equality with men as stipulated in international conventions, the legislator abolished all forms of gender discrimination in the nationality law so that this law became a model of equality compared to Arab nationality laws. The Algerian legislator also followed international trends in eliminating violence against women; and in this regard, The Algerian legislator adopted the criminalization of gender-based violence and established a legal framework to combat violence between spouses by amending the penal code in 2015. Although some legislative amendment has Achieved a full equality between spouses is carried, the fact that Algeria and other Islamic countries maintain any distinction between men and women, in view of the provisions of international conventions and the observations of international bodies and committees, infringes on women's right to equality with men and their right to non-discrimination, This is due to the approach based on describing human rights as universal, even at the expense of the
value and moral systems of countries and the sources of legislation in them, because of the dominance of Western discourse over the international human rights law system. In light of all this, the study examined, through analysis, comparison and discussion, the provisions of equality between spouses and the justifications for the distinction between their rights and duties in national law, through two sections, The first section deals with the provisions of equality between spouses in light of the specificity of the provisions of the Algerian family law and international legal rules, with a focus on monitoring the impact of Algeria's international obligations in amending family code, and focusing on the extent of the conflict between the provisions of family law based on Islamic law and those of international human rights provisions. In the context of the conflict between the moral and ethical system of the Algerian society — common with Islamic countries — which has become known as the cultural specificity, with the universality of human rights; the study presented an analysis of the human rights discourse, focusing on the right of women to equality with men, with a review of the theories that emerged in order to balance the right of women to equality and the Islamic cultural specificities, and to ensure the coexistence of both rights. To conclude that the doctrine of the European Court of Human Rights in containing cultural diversity between states and their own national conditions for balancing and adjudicating conflicting rights and interests, known as the margin of appreciation, is the
best approach to justify state intervention in restricting women's right to equality in family relations based on the urgent social needs, which intervention justifies the legitimacy of Algeria’s reservation on provisions that contradict the legal specificity of the family system. Whereas, the second section of the study dealt with the provisions of equality between spouses in light of the privacy of the rules and the special laws that intersect with their two centers, namely the nationality law and the criminal law, where the topic of this part constituted a limited conflict between cultural and legal privacy in Algeria and the provisions of international conventions, Therefore, the Algerian legislator has adopted equality between spouses, which approaches full equality as it is stipulated in international conventions, to conclude that the narrow scope of the difference and collision between the provisions of the two legal systems is a difference in the application and description of concepts according to the different sources of legislation and the specificity of society.Diplôme : Doctorat En ligne : ../theses/droit/AHAM4535.pdf Format de la ressource électronique : Permalink : index.php?lvl=notice_display&id=11798 مدى تساوي المراكز القانونية بين الزوجين : القانون الجزائري و المواثيق الدولية. [texte imprimé] / عماد حميدة, Auteur ; موسى مرمون, Directeur de thèse . - جامعة الإخوة منتوري قسنطينة, 2021 . - 565 ورقة. ; 30 سم.
Doctorat en 3 éme cycle LMD.
1نسخ موجودة مكتبة المركزية
Langues : Arabe (ara)
Catégories : Arabe
القانونTags : القانون الخاص: : قانون الأسرة مراكز الزوجين المساواة القانون الجزائري المواثيق الدولية Spouses Statuses Equality Algerian Law International Conventions tatuts des époux L’égalité Droit Algérien Conventions Internationales Index. décimale : 340 القانون Résumé :
The theme of this study entitled ""The extent of equal legal status between spouses: The Algerian Law and International Conventions” is on the study of the legal regulation of the status of spouses in Algerian law compared to the international legal system, whose provisions call for the application of full gender equality in family relations, a study in the context of cultural differences, and under Algeria's international obligations. Given the international trends and their effects on the course of legislation in Algeria, addition to some voices calling for equality at the domestic level; Algerian legislator adopted amendments based on equality between men and women, on all laws that intersect with the family system. Starting by amendment of the Family code which finds its legislative source primarily in Islamic law according to ordinance 05-02 of 2005. This amendment coincided with the amendment of the Algerian Nationality Law under Ordinance No 05- 01, so that the legislator in the regulation of relations between spouses in the family law seemed biased to the status of women, in order to reach its maximum equality with men as stipulated in international conventions, the legislator abolished all forms of gender discrimination in the nationality law so that this law became a model of equality compared to Arab nationality laws. The Algerian legislator also followed international trends in eliminating violence against women; and in this regard, The Algerian legislator adopted the criminalization of gender-based violence and established a legal framework to combat violence between spouses by amending the penal code in 2015. Although some legislative amendment has Achieved a full equality between spouses is carried, the fact that Algeria and other Islamic countries maintain any distinction between men and women, in view of the provisions of international conventions and the observations of international bodies and committees, infringes on women's right to equality with men and their right to non-discrimination, This is due to the approach based on describing human rights as universal, even at the expense of the
value and moral systems of countries and the sources of legislation in them, because of the dominance of Western discourse over the international human rights law system. In light of all this, the study examined, through analysis, comparison and discussion, the provisions of equality between spouses and the justifications for the distinction between their rights and duties in national law, through two sections, The first section deals with the provisions of equality between spouses in light of the specificity of the provisions of the Algerian family law and international legal rules, with a focus on monitoring the impact of Algeria's international obligations in amending family code, and focusing on the extent of the conflict between the provisions of family law based on Islamic law and those of international human rights provisions. In the context of the conflict between the moral and ethical system of the Algerian society — common with Islamic countries — which has become known as the cultural specificity, with the universality of human rights; the study presented an analysis of the human rights discourse, focusing on the right of women to equality with men, with a review of the theories that emerged in order to balance the right of women to equality and the Islamic cultural specificities, and to ensure the coexistence of both rights. To conclude that the doctrine of the European Court of Human Rights in containing cultural diversity between states and their own national conditions for balancing and adjudicating conflicting rights and interests, known as the margin of appreciation, is the
best approach to justify state intervention in restricting women's right to equality in family relations based on the urgent social needs, which intervention justifies the legitimacy of Algeria’s reservation on provisions that contradict the legal specificity of the family system. Whereas, the second section of the study dealt with the provisions of equality between spouses in light of the privacy of the rules and the special laws that intersect with their two centers, namely the nationality law and the criminal law, where the topic of this part constituted a limited conflict between cultural and legal privacy in Algeria and the provisions of international conventions, Therefore, the Algerian legislator has adopted equality between spouses, which approaches full equality as it is stipulated in international conventions, to conclude that the narrow scope of the difference and collision between the provisions of the two legal systems is a difference in the application and description of concepts according to the different sources of legislation and the specificity of society.Diplôme : Doctorat En ligne : ../theses/droit/AHAM4535.pdf Format de la ressource électronique : Permalink : index.php?lvl=notice_display&id=11798 Exemplaires (1)
Code-barres Cote Support Localisation Section Disponibilité حمي/4535 حمي/4535 Thèse Bibliothèque principale Thèses Disponible
Titre : مسؤولیة البنـك في إطار وسائل الدفع وإدارتها : دراسة مقارنة. Type de document : texte imprimé Auteurs : سمیة مانع, Auteur ; موسى مرمون, Directeur de thèse Editeur : جامعة الإخوة منتوري قسنطينة Année de publication : 2020 Importance : 316 ورقة. Format : 30 سم. Note générale : Doctorat en 3 éme cycle LMD.
1نسخ موجودة مكتبة المركزية
Langues : Arabe (ara) Catégories : Arabe
القانونTags : القانون الخاص: قانون الأعمال قانون الأعمال: قانون البنوك والتجارة الخارجیة Index. décimale : 340 القانون Résumé :
The use of payment means is no more restrained as it used to be in the Financial milieus .the emergence of a highly developed payment means attracted more clients. Thus, it was necessary to provide a sufficient legislative treatment to guarantee a legal protection for clients on one hand, and offer banks the means and techniques to overcome problems of selecting these clients and who among them deserves to have those means, on the other hand. In this way, banks may avoid falling in conflicts with clients, and can develop an ability to face claims Addressed by their clients or by any financial institution, as far as they posses protective mechanisms in compliance with the development witnessed by payment means and their management techniques.Diplôme : Doctorat En ligne : ../theses/droit/AMAN4470.pdf Format de la ressource électronique : Permalink : index.php?lvl=notice_display&id=11733 مسؤولیة البنـك في إطار وسائل الدفع وإدارتها : دراسة مقارنة. [texte imprimé] / سمیة مانع, Auteur ; موسى مرمون, Directeur de thèse . - جامعة الإخوة منتوري قسنطينة, 2020 . - 316 ورقة. ; 30 سم.
Doctorat en 3 éme cycle LMD.
1نسخ موجودة مكتبة المركزية
Langues : Arabe (ara)
Catégories : Arabe
القانونTags : القانون الخاص: قانون الأعمال قانون الأعمال: قانون البنوك والتجارة الخارجیة Index. décimale : 340 القانون Résumé :
The use of payment means is no more restrained as it used to be in the Financial milieus .the emergence of a highly developed payment means attracted more clients. Thus, it was necessary to provide a sufficient legislative treatment to guarantee a legal protection for clients on one hand, and offer banks the means and techniques to overcome problems of selecting these clients and who among them deserves to have those means, on the other hand. In this way, banks may avoid falling in conflicts with clients, and can develop an ability to face claims Addressed by their clients or by any financial institution, as far as they posses protective mechanisms in compliance with the development witnessed by payment means and their management techniques.Diplôme : Doctorat En ligne : ../theses/droit/AMAN4470.pdf Format de la ressource électronique : Permalink : index.php?lvl=notice_display&id=11733 Exemplaires (1)
Code-barres Cote Support Localisation Section Disponibilité مان/4470 مان/4470 Thèse Bibliothèque principale Thèses Disponible
Titre : ملكية براءة الإختراع في القانون الجزائري Type de document : texte imprimé Auteurs : موسى مرمون, Auteur ; عبد الرزاق بوبندير, Directeur de thèse Editeur : جامعة الإخوة منتوري قسنطينة Année de publication : 2013 Importance : 362 ورقة. Format : 30 سم. Note générale : مذكرة ماجستير
2نسخ موجودة في المكتبة المركزيةLangues : Arabe (ara) Catégories : Arabe
القانونTags : ملكية براءة الإختراع؛القانون الجزائري؛القانون الخاص Index. décimale : 340 القانون Diplôme : Doctorat en sciences En ligne : ../theses/droit/AMER3913.pdf Format de la ressource électronique : Permalink : index.php?lvl=notice_display&id=9349 ملكية براءة الإختراع في القانون الجزائري [texte imprimé] / موسى مرمون, Auteur ; عبد الرزاق بوبندير, Directeur de thèse . - جامعة الإخوة منتوري قسنطينة, 2013 . - 362 ورقة. ; 30 سم.
مذكرة ماجستير
2نسخ موجودة في المكتبة المركزية
Langues : Arabe (ara)
Catégories : Arabe
القانونTags : ملكية براءة الإختراع؛القانون الجزائري؛القانون الخاص Index. décimale : 340 القانون Diplôme : Doctorat en sciences En ligne : ../theses/droit/AMER3913.pdf Format de la ressource électronique : Permalink : index.php?lvl=notice_display&id=9349 Exemplaires (1)
Code-barres Cote Support Localisation Section Disponibilité مرم/3913 مرم/3913 Thèse Bibliothèque principale Thèses Disponible
