Wednesday, December 19, 2018

Conditions For the validity of juristic acts

Conditions For the validity of juristic acts
juristic act is intended, according to its definition certain legal effects Various circumstance may however prevent an act of having its intended effect in that case the act is invalid.invalidity may arise from one circumstance
as incapacity of  the parties, illegality of the object, or the non-observance of the forms prescribed for the doing of the act 
Acts in existants are those which lack some element  essential to their formation without wich the act cannot to be considered to exist
As distinguished from  acts inexistants, these acts are such as unite all essential elements of an act. but are struck with nullity because they contravene some rule of law, e.g. immoral agreements.
the invalidity of a juristic act arises, either from defect in the capacity of the parties or from lack of proper form, or from illegality in The purpose of the act

Defect of capacity

The nature of capacity has been already Explained. The capacity of the normal person to but The perform juristic acts is unlimited within range of action allowed to him by laws,but abnormal person has only restricted capacity and consequently, act which, if performed by a normal person, would  produce legal effect do not always produce that effect when accomplished by an abnormal person.
In modern law the principal classes of abnormal persons are lunatics and idiots,minors, married women, aliens, and juristic persons. Systems of religious law generally recognize heresy or infidelity as giving rise to incapacity in certain respects, and temp or a special in-capacities are not imposed for particular reasons. Rules regulating capacity cannot therefore be contravened by agreement. This fact makes it sometimes difficult to distinguish clearly between acts which are invalid on the ground of incapacity and those invalid on The ground of illegality the law, is imposing a general incapacity, frequently makes provision for the performance by others, on behalf of the person under the incapacity, of the acts which that person would, if normal, himself carry out. Thus a guardian (tuteur) is authorized to perform for his ward acts which could have been done by the ward himself and he not been under an incapacity
In other cases, the incapacity does not deprive the person subject to it of the power to
perform legally effective acts, but merely requires the observance of special for malities which secure his acting under proper advice. Thus, a ward may be prohibited from performing certain acts without the consent of his guardian. But not infrequently the law takes away capacity for the performance of the act without providing any alternative method by which it may be accomplished.

Defect of form

The importance of form as an element in the juristic act is much less in modern law than law than in the earlier systems. The performance of most juristic acts was in early law subjected to the exact importance of form was also manifested in the rules of procedure. There existed certain recognized forms of action, in one of which it was necessary for every party to present his suit. The method of presentation in each case
was regulated by strict rules.observance of a prescribed ritual, the essay for every party to present his suit. the method of presentation in each case was regulated by strict rules The observance of a set form has to be necessary modern in many cases in which its nonobservance invalidated the act. There still remain acts which are essentially formal in their nature and as regards which non- observance of the form invalidates the act, or leaves it non-existent in the eyes of the law as lacking the form in which it can alone be legally recognized. Islamic law indeed seems to be preculiarly free from requirements of form.Several transactions which in European countries are subjected to the observance of form rest, according to the sacred law, solely upon the will of the parties, however expressed.

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Egyptian law

Friday, November 30, 2018

DUI Laws: Things You Need to Know

DUI Laws: Things You Need to Know
If you believe you can get away driving around in a drunken stupor, you might want to stop and think twice. After all, we’ve heard and seen a lot of celebrities being arrested for violating the DUI laws. So if these famous people can’t get away from the law, what makes you think you can?

DUI Laws
See, DUI laws or Driving Under the Influence laws, vary in one state to another. Rules and regulations regarding driving under the influence of alcohol, drugs and the like also differ. It is also sometimes called DWI or Driving While Intoxicated.
gavel 300x195 DUI Laws: Things You Need to Know
These laws are strictly implemented in every state and are not formulated to make party aficionados suffer. Believe it or not , they are designed for the greater good. Driving drunk or intoxicated with addictive drugs could be dangerous not just to you as the driver, but for the people around you as well. Majority of reported road and car accidents are primarily due to the drivers being drunk while behind the wheel.

Now, punishments for violating DUI laws vary in different states, but are more or less similar in one way or the other. At a minimum, one may be jailed for a while in the local county precinct. The violator may also be put on probation and may not be allowed to drive for a period of time. The driver might also end up losing his or her driving privileges.

For the repeat offenders, a breathalyzer machine may be installed in your car. This machine determines the alcohol concentration in one’s system. If it detects that your alcohol influence is higher than the legal limit, the car will not start. Thus, you are prevented from driving while drunk.

The offender will also be subject to alcohol and drug educational seminars as well as therapies. In most instances, if someone repeats a DUI offense more than two times, that offender could  spend up to 15 or 20 years in prison. Worse, you will have a lifetime criminal record that may prevent you from being employed in an established company, as most will not hire someone with a bad record.

DUI Laws
One obvious way to avoid being arrested for violating the DUI laws is not to drive when you know you are drunk. Even of you think you can still drive and you’re not entirely intoxicated, as much as possible, avoid staying behind the wheel. You can also have someone drive for you if you planned on getting some drinks. You can also opt for other means of transportation such as getting a cab, taking the subway, or simply walking home if the party happens to be near.

If ever circumstances would not let you get away and you are arrested for a violation of any of the existing  DUI laws, you could get an experienced and expert DUI lawyer. Getting a good lawyer is necessary even if drunk driving seem to be too shallow of a crime compared to killing somebody. If a DUI case is not handled properly, don’t be surprised if you end up in jail.

Monday, October 29, 2018

Methods of interpretation

Methods of interpretation

There are several methods of interpretation after we going to review some of them

1. The exegetic methods

the exegetic method gives most attention to the text containing the legislation is an international work. The legislators reveals his intention in the words he uses to formulate the legal rules.
When the legislator uses certain words in formulating the legal rule this means that the Legislator intends what do these words mean. So to interpret a legal text one has to scrutinize the legislator intention.
the legislator's intention can be revealed by three ways.

Sunday, October 21, 2018

Interpretation of the law

Interpretation of  the law
The problem of interpreting the legal rules arises whether the source of the rule is legislation custom or religion however is a majority of cases it Rises concerning the status of the legislative rules because the legislative rule takes everything form and interpretation tries to resize the meaning of the text 
In general it is a quart which interrupts is a low but gorgeous don't monopolize the interpretation of law the legislative main act and interpretation concerning a statue which has been wrongly interrupted lawyers also participate in interpreting legal rules

Legislative interpretation

The Olivia Slater for surety me and act Estate you and afterwards it finds that the law courts interpreted it differently or integrated it in a way that does not fulfill its object hence the legislative authority in Acts integrative state you explaining the meaning of the proceedings statute and it's object the Egyptian constitution according to the supreme constitutional Court the right to interpret the legislative texts

Judicial interpretation

The judicial authorities functions as we have seen is to apply the law to the conflicts present to it
When there is a law case the judge has to decide upon it. There's odds in order to solve the problem presented to him he must first a certain that factors of the law case 
And you must luckiest finds a legal rule applicable to this facts
The judge has to discern the conditions necessary for the application of legal rule to know
If it can be applied to the law case. before him. In order to apply the law is a judge finds himself obliged to interpret it

In most cases the role of the judge in interprting a legal rule is limited to interpret it 
In the ways that convinced with the words of the text containing the rule and it's goal 
But in some cases the judge forced to decide on the law case in a way which doesn't confirm exactly with the text under the pretext interpreting it.

Doctrinal interpretation

The doctrinal interpretation is that which one by legal scholars is the systematic way different parts of the law. These Researchers are published in the form of books article and commentaries on judicial decisions. 
courts are not obliged to take into consideration this kind of interpretation.
The lodge is not obliged to apply the doctrinal opinion of all of them.

Monday, October 8, 2018

The source of law in egypt

The source of law in egypt
The source of law
Legal and historical sources
Sources of law can be classified as either legal or historicalthe former are those resources which are recognised as such by the law itself the latter are those sources lacking recognition by the law
For every legal system contains rules determining the establishment of new law and the disappearance of old

. Legal sources of Egyptian law

according to the Egyptian civil code the legal sources of law or legislation muslim law and the natural law
1. Legislation
Legislation or statute law consisted of acts of Parliament end of law passed by the government ,in another Words, legislation is the lying down of legal rules by a sovereiegn or subordinate legislators
Legislation his eyes are so or subordinate at the summit of hierarchy are the constitution or constitutional laws native authority in Egypt is house of people

Subordinate legislation

Enactments of legislative bodies inferior to the sovereign constitute subordinate legislation. such legislation is subordinate in it that can be rebuilt boy and must give way to sovereign legislation.
The chief form of subordinate legislation is the executive.
The Essential functions of the executive is to conduct the administrative departments of the state but it combines with his certain subordinate legislative powers which have been expressly delegated to it by Parliament
The main merits of legislation
Of written form: Being written is acquires clarity and stability and could be reviewed when necessary unlike Customs which is sometimes difficult to recognise.
Adaptable when necessary as it could be easily promulgated and can be called as need arises.
Uniformity as rules of law are of general nature applicable everywhere within the territory of the State
. Various types of legislation
Legislations are 3 types 
1. Principle legislation represented in the state constitution
2. Ordinary legislation represented in the various codes covering all sides of human activities like civil code , commercial code ,the criminal code and the like
3. Supplementary legislation:
sprining out of executive authority for the purpose of giving force to the ordinary legislation . It takes three forms, executive regulations, through which laws can be applied, disciplinary regulation that decided the form and liabilities of society institutions and how to practice their activities
3. Control regulations like those related with keeping security, regulating traffic and health care
. promulgation of legislation
In Egypt the premulegation of law is the duty of the People's Assembly through a number of processes as follows:
1. Suggestion 
Law can be suggested by any of the People's Assembly members or the president of the Republic "article 19" of the constitution
. Discussion and voting
If a law project is presented before the parliament it is sent to the committee concerned where it is first to reviewed then a report is made about that could be the core for discussion. 
After the discussion, members are invited to gives their say about the article if more than half the members say yes to the law it is sent to the president to promulgate and publish, but if all photos are all the same number as those who reject it it is considered rejected
President approval
Is the president in the process of promulgating legislation is authorised to disagree even when the People's Assembly for tn20 in case of opposition the president is expected to return the object to the Parliament within 30 days if not yellow is considered approved and should be promulgated. 
The law is also promulgated even if returning to the People's Assembly in time but approved for the second time by 2/3 of the members and the president is such case loses his rights of opposition
. Presidents liability to make law
According to article 147 and 108 observer constitution the president of republic has the power to promulgated laws in three cases
a. If need arises
b. Is delegated
c. If the assembly is dissolved 
Enforcement of legislation
law rules Can not the forced after being promulgated by the head of the state vibro irrigation resident of the Republic give order to all official and the government institutions to apply the law and they give it force. Lindsay Lou need to be published in the formal state magazine within 2 weeks of promulgation. Publishing law is main cause hooligan Vienna of a brake to know if it's promulgation why to acquire the knowledge it is natural to the side and a client for the start of application but if the law is void of such limit, become enforceable a month after promulgation utd in emergency cases such time limit is disregarded.
If the law is communicated by the executive shortly and published and the deadline for application has elected nobody can argue that he is still ignorant of the law unless this is a case of force majeur such as Wars floods all earthquakes
.. Custom 
although, a custom is an important source of law in early times it's importance continuously diminishes as the legal system grows
However customs plays a preponderanant role in all legal systems and in developing or applying the law. Legislation itself in order to be understood often has to appeal to custom for the necessary clarification what was the ideas of the legislators the custom is the popular source of law.
When a person has been doing a thing regularly over a substantial period of time it is usual to say that who is accustomed to doing it,
When a large section of the popular are in habit of doing a thing over very much longer period it becomes necessary for then courts to consider it. The third source of law is Muslim legislation the last two sources of natural law and the law of equity

Natural law and equity

In case where the legislation is silent, sufficient or obscure the judge applying the principles of natural law and rules of equity
Natural law and equity is an Indian law which can be known by his own just which Justice, good faith, and good conscience require in a certain case

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Characteristics of law rules

Characteristics of law rules

The law is a body of Rules which Govern and regulate the social conduct of people and which are enforced by any sanction. Legal rules or social and forced by sanctions

1. Rules of Law are social

Law control and Order relations between people living in a society it is considered only with the external conduct or behaviour of men and has nothing to do with internal thoughts or believes it is only when he comes to act upon such beliefs that law can interfere

2. Rules of Law are general

Law is generally applicable. It is applied to all cases and to persons.thus the criminal rule of law which provide penalty in case of Murder Is applicable whenever any man killed another premeditatedly
A rule of law is general so it is applicable to one person only. For example, the president republic of Egypt must be 40 years at least . What is a general rule although it concerns only one person,
This rule does not concern any President by name it is applicable to all person's who would be candidates for the post of the president

3. law rules are enforced a sanction

People are invited to obey law voluntarily if not they are comepelled to do so by means of sanction applied by the state the sovereign political authority
a sanction is a devise to induce obedience of a rule of law. It may be criminal if the disobedience consist in a crying for example

death, imprisonment, fine.
A sanction may be civil the invalidity of a contract the restitution had been delivered the payment of Damages
The definition of low Rises many fine and difficult problems concerning the distinction between law and morality and the law and religion
At its simplest no may be defined as the body of Rules which are imposed upon and enforce it among the members of a given Society it is important to distinguish between law and morality and between law and religion
Law is not made and enforce it for its own sake but it has a definite task namely the satis vacation of human interests
The domain of law varies according to the degree of development attained by a given Society.
It is important to distinguish between law making and law enforcement law is important because it is already law but a certain rule is not regarded as a legal rule merely because it is followed and observed

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