THE LEGAL REGULATION OF UNJUST ENRICHMENT "A COMPARATIVE STUDY"
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Date
2022-02-17
Authors
Hantouli, Ahmad
Journal Title
Journal ISSN
Volume Title
Publisher
جامعة النجاح الوطنية
Abstract
offlciousness is one of the most important applications of the Unjust Enrichment. This study deals with, and aims to shed light on the provisions of Virtue (Unjust Enrichment), its conditions, its nature, and the effects that it entails. The principle is that it is not permissible for a person to interfere in the affairs of others if they do not have a kinship or marital relationship with him, but the law allows individuals to interfere in each other’s affairs when necessary, and this interference is called virtue. Offlciousness\Virtue is that when a person performs an act purely for the benefit of others, by taking on an urgent matter dictated by the public duty to the account of another person, without being obligated to do so. Offlciousness\Virtue is considered as one of the most important applications of a beneficial action and is considered a source of the personal right. Virtue represents a legal or a material act whose source is a legal fact, as it is not a contract. And the source of the curious obligation is the beneficial act, i.e., interfering in the affairs of others to perform a benefit for him, and the benefit alone is not sufficient to achieve the virtue, but this action must be necessary
and urgent, and the virtue assumes that aperson performs a specific act for the account of another person, by reaping its fruits for him, repairing his house, or renting his house for him. The law also stipulated in the beneficial act that a person does for the account of others that it be necessary, so that if the necessity is not fulfilled, the virtue will not be achieved, and the act is necessary if authorized by the court or necessitated by a state of urgency, or by custom. It is also required in virtue that the beneficial act that a person does for the benefit of others, unlike the case of necessity in which the act is in the interest of the person himself and not in the interest of others. offlciousness is a form of the beneficial act that is considered a source of involuntary commitment. In the subject of the study, I talked about the concept of virtue and its conditions, the legal nature of it, the necessary capacity for its parties, and the position of both Islamic jurisprudence and comparative laws of it and distinguishing it from other similar legal systems, and I talked about the provisions of virtue, and the effects of the obligations of its parties in accordance with each of the Journal of Judicial Judgments, the Jordanian Civil Law, and the Egyptian Civil Law .The study also got into the results and recommendations related to its subject.
Description
offlciousness is one of the most important applications of the Unjust Enrichment. This study deals with, and aims to shed light on the provisions of Virtue (Unjust Enrichment), its conditions, its nature, and the effects that it entails. The principle is that it is not permissible for a person to interfere in the affairs of others if they do not have a kinship or marital relationship with him, but the law allows individuals to interfere in each other’s affairs when necessary, and this interference is called virtue. Offlciousness\Virtue is that when a person performs an act purely for the benefit of others, by taking on an urgent matter dictated by the public duty to the account of another person, without being obligated to do so. Offlciousness\Virtue is considered as one of the most important applications of a beneficial action and is considered a source of the personal right. Virtue represents a legal or a material act whose source is a legal fact, as it is not a contract. And the source of the curious obligation is the beneficial act, i.e., interfering in the affairs of others to perform a benefit for him, and the benefit alone is not sufficient to achieve the virtue, but this action must be necessary
and urgent, and the virtue assumes that aperson performs a specific act for the account of another person, by reaping its fruits for him, repairing his house, or renting his house for him. The law also stipulated in the beneficial act that a person does for the account of others that it be necessary, so that if the necessity is not fulfilled, the virtue will not be achieved, and the act is necessary if authorized by the court or necessitated by a state of urgency, or by custom. It is also required in virtue that the beneficial act that a person does for the benefit of others, unlike the case of necessity in which the act is in the interest of the person himself and not in the interest of others. offlciousness is a form of the beneficial act that is considered a source of involuntary commitment. In the subject of the study, I talked about the concept of virtue and its conditions, the legal nature of it, the necessary capacity for its parties, and the position of both Islamic jurisprudence and comparative laws of it and distinguishing it from other similar legal systems, and I talked about the provisions of virtue, and the effects of the obligations of its parties in accordance with each of the Journal of Judicial Judgments, the Jordanian Civil Law, and the Egyptian Civil Law .The study also got into the results and recommendations related to its subject.
Keywords
Virtue (Unjust Enrichment), Journal of Judicial Judgments, Jordanian Civil Law, Egyptian Civil Law.