Law Commons^™

أ.د. محمد رياض الخاني ، المبادىء الأخلاقية التي يجب أن يتحلى بها الطبيب في ممارسته لمهنته الطبية

UAEU Law Journal

استأثرت الأعمال الطبية التقليدية العلاجية والجراحية ، ومازالت ، بكثير من الاهتمام علىكافة الأصعدة ، القانونية ، والدينية الشرعية، والاجتماعية ، والنفسية ، والأدبية والأخلاقية ، والمالية وغيرها.

ولا ننسى في هذا المجال الإشارة إلى أن فقهاء الشريعة الإسلامية قد أشبعوا المواضيع المذكورة درساً وتمحيصاً ، ووصلوا إلى نتائج تكاد لا تفترق أو لا تختلف عن النتائج التي وصل إليها رجال القانون الوضعي في الإطار الجزائي والمدني والمهني أو المسلكي.

إلا أن تطور الفكر البشري وبعض الشرائع السكانية في المجتمعات العربية والإسلامية والغربية قد أبدل طبيعة الأعمال اليومية المعتادة للطبيب المعالج أو الجراح أو المولد وغيرهم، بحيث أصبحت أعمال من …

Legal Principles Of Acts Resulting From Patent Rights A Comparative Study Of Uae, Jordanian And French Legal Systems, Nouri Hamad Khater

UAEU Law Journal

Patent rights occupy an eminent position within the intellectual copyrights in general, and the industrial copyrights, in particular. Admitting patent rights resulted in several significant impacts at the legal and economic levels alike. Thus, patent legislations have closely focused on that issue. Among the most important impacts of such an issue are the articles governing the acts based on patent rights. Legislations have identified the basic legal principles governing these acts. Therefore, we find it highly essential to discuss these legislations, explain their principles and compare such basic principles to the general principles of legal acts. This study is based …

Legal Principles Governing Biological Ethics A Comparative Study In French Law And International Agreement, Fwaz Saleh

UAEU Law Journal

In 1953 the scientists Francis Crick and James Watson discovered the DNA structure. Ever since a terrific molecular biologic revolution is devastating the world taking us from one scientific discovery to another. These discoveries resulted in advanced knowledge in the fields of medicine and biology which increased the hope in discovering new medications for some chronic and incurable diseases - such as some dangerous hereditary diseases and the diabetes and the tremble disease and the early senility disease - a case which brings good to all humanity. But, on the other hand, if the scientific advancement in this field is …

Moral, Eeligious And Legal Sides Of Conducting Researches On Stem Cells, Fwaz Saleh

UAEU Law Journal

Scientific Progress in medicing, gentics, and biology has led to find out new applications that open wide horizons in treating some chronic diseases. One of these applications is conducting researches on stem cells.

Stem cells are defined as a group of undifferentiated calls that can multiply without losing their ability to be distinguished from all other kinds of cells. The fertilized egg is the typical example of the stem cells ehere it is considered the first embryo cell from which all the body cells come out.

The stem cells are regarded as the stars of the modern biology. It is …

The Professional Liability Of The Legal Advisor: A Jordanian And English Law Perspective: A Critical Study, Nisreen Mahasneh, Ayman Khaled Masadeh

UAEU Law Journal

This study deals with the professional liability of the legal advisor. To attain this purpose it starts by distinguishing between a lawyer who represents his client before courts and a mere legal advisor who undertakes the paper work and consultations. This study tries to follow the position of the Jordanian Bar Law as to whether it recognizes this distinction between an agent lawyer and a mere lawyer who submits a legal advice. Moreover, there are particular duties which lie on a lawyer, the question being here whether the wordings of the provisions of the Jordanian Bar Law extend to cover …

The Electronic Press And Its Lack Of Responsibility

UAEU Law Journal

The electronic press is the most widespread form of mass media represented by press publication services through websites publishing news, reports, investigations and press articles. It enjoys a lot of freedom and self-expression; however, such excessive freedom and self-expression is not absolute, for there are standard morals of press occupation governed basically by general disciplines, such as honesty and truth which have the ultimate aim of improving the performance of mass media and controlling mass media for the benefit of society and its issues.

Individuals harmed as a result of electronic publication as well as those who suffer from slander …

The Commitment Of Comparative Legal Systems Of The Principle Of Pre- Contractual Good Faith At The Phase Of Negotiating Contract Terms, Mahmoud Fayyad

UAEU Law Journal

Jurists of comparative law still disagree about the legal nature of the principle of pre-contractual good faith and its recognition in comparative legal systems. A unified definition could not be concluded for this principle besides its role in organizing legal transactions. The author of this paper is seeking to provide a clear definition for this principle, to clarify its role in legal transactions, to provide specific criteria to actions that may be breach it. Finally an examination of the organization of this principle in those legal systems was conducted. The German, Latin, Common law, UNIDROIT principles and the principles of …

Controls For Conducting Scientific Experiments On Animals: An Analytical Study Of Jurisprudence, Dr. Mustafa Shamsuddin

UAEU Law Journal

The comprehensiveness of Islam is interpreted in its rules of the relationship of humankind to the entire world, and among these rules the connection of man to animals. There are several legal texts that show the necessity of kindness to animal and the prohibition of injustice against it, and this does not contradict with the purpose of the creation of animal itself which is for the interest of humankind. The issue of conducting scientific experiments on animal has been raised because of confusion in the weighing between the preservation of benefits and the prevention of harms. This study deals with …

Recent Trends In The Civil Liability Of Physicians And Its Consequences On Heightening Their Professional Obligations, Benseghir Mourad

UAEU Law Journal

Medical responsibility has developed rapidly due to scientific progress and modern medical discoveries. This has been reflected physicians’ practice and their involvement in medical interventions through the legal aspects of medicine and its scientific principles towards their patients. These factors have piled up to give us a new direction in the path of medical responsibility aimed primarily at balancing and protecting the interests of doctors and patients.

This study deals with a very important and precise issue, as it relates to the essence and the basis of the profession of human medicine, namely, the tendency to gradually tighten professional physicians' …

The Scope Of The Physician's Commitment To Inform The Patient Of The Medical Risks: A Comparative Study, Ahmed Jarad

UAEU Law Journal

In view of the frequent and emergent technological developments in equipment and machines for diagnosis, treatment, and the successive discoveries of biomedical research that may cause unusual damage to patients; and in regard to a growing public knowledge about the basic data related to many aspects of access to medical information, it was necessary to transfer the nature of the relationship between the doctor and his patient from absolute medical custody to the gradual partnership in taking the appropriate decision for medical intervention according to the patient's health situation. This ultimately requires to inform the patient immediately of his health …

Civil Liability For Damage Resulting From Genetically Modified Organisms (Gmos): A Comparative Study

UAEU Law Journal

The most serious damage to human and other living organisms at present is the damage of genetically modified organisms, where they can eventually be used as weapons of mass destruction in the form of a bacteriological war that destroys human civilization, we will present the problem in terms of: Identification of genetically modified organisms by determining their scope, and to identify the aspects of the damage resulting from them, and how to compensate each type of species, whether it is related to plant, animal, human or the environment. We then present the legal basis for civil liability resulting from damage …