Browsing by Author "Sadique, Muhammad Abdurrahman, Ph.D"

The aim of this research is to study the different control instruments or means applied on the legitimacy of administrative decisions in the Libyan legal system, and the effectiveness of these means in curbing the despotism of the executive authority and its administrative system, by placing its administrative decisions under the supervision of the legitimation principle. This all to achieve the state of rights in which both the ruler and the governed people are subject to the law. This study adopted an analytical and comparative approach, the analytical approach was used to analyze the concept of the administrative decisions’ legitimacy and its basic principles, and to explain the reasons behind the termination of the administrative decisions, whether with or without the will of the administration, besides, the analytical method has enabled the study to analyze the legal texts and judicial provisions related to this subject of the research. Through a comparative method, the study has compared the Libyan legal system with the Egyptian legal system to identify the similarities and differences, to properly define the concept of the principle of legality in the administration field, the reasons for the end of administrative decisions, and also to scientifically benefit from the Egyptian and other judicial rulings, which are rich of studies that are beneficial to this research. The finding of this study concluded on that the basis of the legitimacy of the administrative decision lies in its submission to the rule of law, this kind of submission is not restricting the administration’s work but disabling any kind of autocracy while making decisions. The study concluded also that not everything that comes from the administration is an administrative decision, as there are certain conditions and pillars that should be fulfilled to acquire the capacity to make such a decision. And for an administration to not be deviated from the principle of legality, it must be subjected to different instruments or means of control, the legislative authority has a supervision and control power over the executive authority, in the meantime, the administration has its own control power such as withdrawal and administrative cancellation power. There are also other means of control that are outside the power of administration, these means of administrative and financial control are owned by the legislative authorities which monitor and control the actions of the administration, holding them accountable for any offences in the decisions made. At the end, the Libyan judicial authority has its own instruments to control the legality of the administrative decisions under the title of annulment, limiting with that the administrative judge's authority to determine the legitimacy of the decision and to practice the annulment power if it is found illegal.

This study, which is titled "The Legal Responsibility of the Manager of a Single Person Company in the Saudi Law, a Comparative Study with the Jordanian Law" deals with the knowledge of the legal responsibility of the manager of a single person company, with mentioning the legal articles that were inferred by the regulations. The study dealt with a number of objectives that answered these inquiries including the clarification of the civil responsibility of the manager of a single person company in the Saudi Law and Jordanian law and when it is achieved. It also dealt with the criminal responsibility of the manager of the single person company and mentioned the most important crimes of the manager of the single person company that has a connection in its nature and discussing it with the Saudi Law and comparing it with the Jordanian law. In this study, the researcher used the analytical, deductive, and comparative approach to reach possible solutions about presenting the problem, and through that the researcher reached several findings. The most important was that the Saudi regulator did not single out a legal regulation for a single person company like the rest of commercial companies. It also reached to the basis of the civil responsibility, which is the existence of damage; whereas the basis of the criminal responsibility is perception and choice, as well as that the effects of civil responsibility of the manager of a single person company are compensation for the damage resulting from the breach of an obligation established in his responsibility. The study provided several recommendations. The most important was that the Saudi regulator should impose strict control on the company by constantly reviewing its records, documents and financial statements, and setting special conditions for those who wish to establish a single person company, including examining his credit record in (SIMAH), as well as setting a minimum capital for the establishment of a single person company of no less than five hundred thousand riyals. The study also recommended that the Saudi regulator should add a fourth case in article 155 in the companies' law, so that the person who owns the limited liability company is responsible in his own funds for the company's obligations against third parties who deal with him in the name of the company as stated “If he commits - in bad faith - acts of fraud, or negligence and that led to the bankruptcy of the company".

Stock exchanges are considered to be one of the foundations of the national economy in the State of Kuwait. This is evident since the establishment of the Kuwait Stock Exchange in the middle of the last century when the Law of Companies No. 15 of 1960 was issued, which was accompanied by development and prosperity in issuance of legislations to regulate the Kuwait Stock Exchange and to indicate the relationship among the State as an entity in one side and the companies, shareholders and investors in the other side. It has recently become an obstacle to the large number of legislations regulating this market. The State had to issue a legislation to regulate all relations between all the market participants and create one administration to manage this entire entity. The research is summarized in addressing the provisions of the Capital Market Authority Law No. 7/2010 amended by the Law 22/2015 in an analytical study of the law provisions and explaining its impact on the companies listed on the Kuwait Stock Exchange. In this research, the researcher used the analysis of the law texts indicating the deficiencies in them. The study covered all aspects of the Capital Markets Authority Law including; establishment of the Capital Markets Authority, its owner and its powers. It also covered all aspects of the Kuwait Stock Exchange from the Boursa Kuwait Company and the Kuwait Clearing Company in addition to the most important new rules that the law stipulated, which need to be studied, including listing rules, governance rules, acquisition rules and disclosure rules. The researcher concluded that the law has aspects of development, keeping pace and filling the deficiencies. On the other hand, it was an obstacle facing many companies. This led to a legal defect which included many provisions that need interpretation and clarification, and others that need amendment. The importance of the research lies in the novelty and bifurcation of the law. It covers all aspects of the listed companies from the date of establishing the company until the termination of the company by liquidation or integration.

The study aims to identify the protection of electronic consumers as a "comparative study in the UAE and Egyptian legislations", as it sheds light on the development of legal protection for the consumer in general and the electronic consumer in particular. It also addresses the importance of protecting the electronic consumer at the present time in light of the spread of e-commerce via the Internet and the most important measures that lead to the protection of the electronic consumer in the United Arab Emirates and the Arab Republic of Egypt, leading to the disclosure of the most important legal loopholes in the UAE legislation related to the protection of the electronic consumer. The problem of the study in the weakness of consumer laws and the availability of legal protection for the electronic consumer in the UAE legislation, through the enactment of laws that guarantee the protection of the electronic consumer. Especially since the consumer here pays the price in advance and often electronically before receiving the goods, which makes it difficult to defend his rights. Moreover, those difficulties and challenges that faced the study, the most important of which was the lack of sufficient information about the resource sufficient to file a lawsuit on the subject of the electronic consumer, which made this study a recent one of its kind. As for the Egyptian legislator, it has decided that the product is responsible for all damage caused or caused by the product if it is proved that the damage arose due to a defect in the product due to its design, manufacture or installation. The supplier shall be responsible for any damage caused or caused by the product that is due to the method of using the product in a wrong way, if it is proven that the damage is due to the supplier’s failure to take sufficient care to prevent the damage or alert to the possibility of its occurrence. The distributor or seller shall be responsible for all damage caused or caused by the producer if it is proved that the damage arose due to a defect related to the way it was prepared for consumption, preservation, packaging, circulation or display. In all cases, the suppliers shall be jointly responsible. The Egyptian legislator also affirmed the supplier’s commitment to health and safety rules and quality standards, and to guarantee them to the consumer in accordance with the Egyptian standard specifications.