موقف القانون السوداني من الوسائل الفنية لقواعد الإسناد دراسة قانونية تحليلية مقارنة | ||
| مجلة الدراسات القانونية والاقتصادية | ||
| Article 4, Volume 7, Issue 1, August 2021, Pages 1-33 PDF (474.14 K) | ||
| Document Type: المقالة الأصلية | ||
| DOI: 10.21608/jdl.2021.191189 | ||
| Author | ||
| جودة إبراهيم محمد النور رحمة | ||
| استاذ مشارک – کلية القانون جامعة الجزيرة – السودان | ||
| Abstract | ||
| Abstract The importance of this research lies in the increasing multiplicity of private law topics. Therefore, the aim of the research is to: Identify the technical means for the rules of attribution, to know the reasons for the emergence of technical means, to highlight the adaptation of those rules in light of Sudanese law. The researcher seeks to follow the inductive analytical descriptive historical method. The research reached many conclusions and recommendations, the most important of which are: Sudanese law dealt with the issue of adaptation explicitly by adopting Bartan theory by subjecting conditioning to the judge’s law like other laws of Arab countries (Article 10) of the Sudanese Civil Transactions Law. The referral process as a technical process means that the rules of attribution in the applicable law in turn refer the judgment to another law. This law may be the law of the court that initially referred to the same law (apostasy process) or it is the law of another country, and there are a number of countries that refuse to take Referring to the Sudanese, Egyptian, Iraqi and Italian laws, Sudanese law explicitly addressed the issue of delegation, namely Article 15 of the Transactions Law. The research recommended the following: We hope that the legislator will review the laws pertaining to the rules of attribution periodically, not to take into account the exception made by (Bartan) with regard to the conditioning of things whether they are real estate or movable. If this last law does not take a referral. | ||
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