Unauthorized access crime in Jordanian law
Authors : Mahmoud ISMAIL, Hamza ABU ISSA, Omar AAMAR
Abstract : This research cared about clarifying the legal provisions of the unauthorized access crime contained in article 3 of the Jordanian Cybercrime act of 2015 and comparing it to other Arabic legislations and French law as well as clarifying the position of international conventions on this crime. The analysis of the crime included clarifying its elements, its sanction and the aggravating circumstances of its penalty. At the end of the research we reached some recommendations which we hope from the Jordanian legislator to adopt.
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The Concept of the Risk in the Insurance Contract
Authors : Mahmoud ISMAIL
Abstract : The risk represents the subject of the insurance contract and the core theme for understanding the formation of the contract and its provisions. The problem of the insured risk lies in its nature of probability and its presumed existence even if it has not been realized and there has been no damage that requires the payment of the insurance. The concept of risk also raises another problem: the duplication of its role, as it is required as a subject of the contract and it must be achieved as a condition for the performance of the obligation. The study aims at clarifying the concept of risk in the insurance contract and its probability in terms of its nature and independence from the will of the parties. It also aims to eliminate the confusion in the two formative functions of the contracts, namely, those related to the stage of forming the contract and those related to its effects.
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The Penalty Clause in Jordanian Civil Law
Authors : Mahmoud ISMAIL
Abstract : The penalty clause was introduced as one of the solutions provided by the legislator to regulate the individual legal transactions. Most netting contract contains a penalty clause, particularly contracts that its implementation takes long time, as in the contracts for work and procurement contracts. However, the practice of this legal option is still confused with other legal options and weaknesses in the wording of its terms, transgression and misunderstanding of the scope and limits of the contractual assurance still remains. Therefore, the origin of the subject and the declaration of its true legal context should be examined through this study, which is based on the position of the Jordanian law and its judicial provisions in this regard.
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The Problem of Recourse to Arbitration in Intellectual Property Disputes within National Laws
Authors : Mahmoud ISMAIL
Abstract : This study attempts to answer the following question: Can disputed intellectual property rights be the subject of arbitration? To answer this question, we had to study the legal nature of intellectual property rights, and the legislative ground upon which the protection of these rights is based, to know the extent to which intellectual property laws allow the disposition of these rights. The study adopts a comparative study between the Jordanian and French laws, which is not an absurd approach. Despite the cultural and societal differences between the two countries, their legal systems reveal a legislative case that can be compared and compared.
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Legal organization of cloud computing
Authors : Mahmoud ISMAIL
Abstract : loud computing is an electronic service, available by the provider of service for the user on line through legal transactions, concluded by distance. Speed and easily transition from the pre-contract to later in the dealings of cloud computing suggests that the exchange of willingness is not more than a communication, as is in fact a legal contract formation. This study aims to determine the proper legal description of such contracts, it considers Jordanian and other countries laws, that being involved in the framing and the legalization of this practice, this should include international legal issues of cloud computing. The search discusses legal issues of cloud computing contracts, in terms of subject matter and tribulations legal problematic, it also discusses the legal construction and legal characteristics of these contracts. The study reached a basic result: cloud computing contract is a contract of contractor and thus it is organized by the law, but still enjoying particular legal nature because of what they are electronic.
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