Assignment of Rights and Debts in the draft Civil Law of Palestine (A Comparative Study)
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Date
2005
Authors
Amin Dawwas
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Abstract
This research deals with the assignment of rights and debts under the draft civil law of Palestine. The researcher uses an analytical and comparative method in discussing all different aspects of the assignment. Comparison has been made with the legal provisions regulating the assignment in the civil law of Jordan influenced by Islamic jurisprudence and the legal provisions of the civil law of Egypt influenced by Western jurisprudence. Consideration has been also made to the courts’ decisions applying the related legal provisions of both Jordan and Egypt. The research clarifies that the Palestinian draft takes its provisions, in this regard, from the Egyptian Code almost word for word. In the conclusion, the researcher recommends that Palestinian provisions shall be reviewed to be much more in accord with the Jordanian civil law and other Arab Codes followed its approach. The grounds standing behind this recommendation are that, all these latest Arab Codes have been influenced by Islamic jurisprudence which is actually more suitable to the Palestinian legal environment