SOLUTION: PRLW 4181 German University Nominal Value Equalization & Bankruptcy Exam
BUSINESS LAW PRLW4181 By Dr. Maen Mohammad Ali Al-Qassaymeh What’s interjacent in the raillery? • • • • Chapter one (the introduction) is interjacent. Chapter two (the interchangeable activities and businesssmans) is interjacent. Chapter filthy (the interchangeable companies) is interjacent. So, you possess to con-over and standpoint on three chapters solely." CHAPTER ONE INTRODUCTION Business Law is given to classifyize interchangeable transactions and connections. This law is localized in businesssmans and interchangeable activities, i.e. it is opposed from the other branches of the law which possess opposed reputes. In manage to comprehend the purport of business law and the temper of this law, we possess to specify the aspect of this law incompact the other branches of the law. This requires defining the law, in general, as a peculiar plod, and getting a scan environing the divisions of the law. Definition of the law Generally, the law is defined as the substance of administrations and regulations that is used to restrain a inferion and to restrain the behavior of its members. Divisions of the Law The law is disjoined into two sections; open law and secret law. The open law resources the law which classifyizes the allowable relationships in which the declare is a aspect. Meanwhile, the secret law is defined as the law which classifyizes the allowable relationships incompact citizens and living-souls. Thereby, the measure which knowes betwixt the open law and the secret law is the creature of the declare in the connection, i.e. if the declare is a aspect in the allowable connection, the administrations of open law are applied. Meanwhile, if the declare is not a aspect in the allowable connection, the administrations of secret law are applied. Divisions of Open Law: Public law incloses distinct sections. They are: Public Interdiplomatic Law: It is the law which classifyizes the kindred incompact declares. It too regulates the kindred delay the interdiplomatic organizations. It is animated in distinct points such as; the parts of the declares, the declare administration, how to construct the interdiplomatic treaties, the quality of the interdiplomatic treaties, finality of the interdiplomatic treaties, interdiplomatic organizations, etc. Constitutional Law: It is the law which classifyizes the construct of the declare, regime of the state, the open authorities in the declare, the pertinency incompact these open authorities, the hues of the citizens, etc. Thus, it clarifies if the declare is empire, republic, or sultanate. It too clarifies if the declare is unlicensed or non- unlicensed. Besides, this law classifyizes the three authorities internally the country; judiciary, council and the restrainment. Administrative Law: It is the law which classifyizes the execution of the government, the bodies internally the declare, the hues and the duties of the employees, etc. Criminal Law: This law incloses administrations and regulations for the crimes and the countenances for these crimes. This law incloses a celebrated and comprehendn doctrine provides “no crime and no countenance delayout a provision”. Thus, this law is animated in crimes and criminals. It classifyizes the elements of these crimes and the countenances for them. Divisions of Secret Law: Private law incloses distinct sections. They are: Civil Law: It is the law which classifyizes the connections incompact individuals. It is considered a elucidation to the all outcomes which are not classifyized by a local law. Therefore, if there is no administration regulates a local outcome, the Polite Law is a regard. for example, in the interchangeable law, if there is allowable vacuum, we possess to advert to the polite law to inquiry for a administration classifyizes that vacuum. Civil Law classifyizes two images of outcomes; the peculiar image is the issues which rehearse to secret aspects of the living-souls such as marriage, alienate, patrimony, etc. The remedy image is the issues which rehearse to financial negotiations such as the retrench and the negligence. The remedy image is the deep axis in Omani Polite Law. In Oman, the Polite Law, which admits the estimate 29, was outcomed in 2013. It incloses 1086 Articles. They are exclusive incompact filthy books and introduction. While the peculiar competency classifyizes the origins of obligations, the remedy competency classifyizes the nominated retrenchs. The third and the filthyth competencys are given to classifyize the hues in rem. Commercial Law: It is the business law. It is defined as the substance of administrations which regulates the interchangeable activities and the connections incompact traders, or incompact businesssmans and their trafficers. This shows that the deep axes in interchangeable law are the businesssmans and their activities. Omani Interchangeable Law Estimate 55 was outcomed in 1990. It contains 786 Articles exclusive in five competencys. The peculiar and the remedy competencys classifyize the activities of the businesssman and his businessstock (shop). While the third competency classifyizes the interchangeable contracts, the filthyth competency is assigned to the bills of business. The fifth competency is fond to the administrations of closing. Beside this law, there are some other laws which are considered supplementary laws. The behindciteds are the supreme: • Community Law No. 18 of 2019. • Interchangeable Registry Law No. 3 of 1974. • Interchangeable Agency Law No. 26 of 1977. • Security Companies Law No. of 12 of 1979. • Mariduration Law No. 35 of 1981. • Capital Market Law No. 53 of 1988. • Industrial Quality Law No. 67 of 2008. Thus, Omani Interchangeable Law No. 55 of 1990 and these laws are assigned to classifyize the businesssman connections and transactions. Accordingly, the sum of these laws is the business law. Private Interdiplomatic Law: It is the substance of the administrations which restrains the relationships which inclose a visitor part, i.e. this law appears as a effect of creature of kindred betwixt social peculiar and visitor peculiar. For example, if an Omani businesssman sold consequence to an Egyptian trader, which law restrains this pertinency? Is it Omani Law or Egyptian Law? In conjunction, if a quarrel arises betwixt the parties, which flatter is fitted to arbiter? Private interdiplomatic law standpointes on these two scrutinys; which law should be applied and which flatter is fitted to judge. Too these two scrutinys, this law classifyizes the outfollowing of sociality and the outfollowing of settlement. Sources of the Law: After we got a scan environing the disunion of the law, a scrutiny arises; where do the administrations of the law following from? In other words, if a quarrel arises betwixt two parties, how can the flatter experience the administration which should be applied betwixt them? In manage to solution this scrutiny, it is expressive to declaration that there are distinct origins to the administrations of the law and each of these origins has aspect opposed from the other. Accordingly, some origins admit the deep role and others admit remedyary role. They are as follow: 1) Legislation: Legislation is considered the deep origin in Oman and too in Arabic countries. It resources: enhancement the allowable administrations in a written construct by the fitted pattern. This progress should be executed according to the administrations which are declarationed in the temper of the declare. Congress is disjoined into three images. The peculiar one is the temper. It is the most expressive law in the country. All other laws must combine delay it. If there is any administration in any law contradicts delay the temper, that administration must be canceled or amended. The remedy image is the regular congress which is issued by the council. The third image is the regulations which are outcomed by the restrainment. 2) Islamic doctrines and code Omani council sets the Islamic doctrines and code as a remedyary origin. This is declarationed in Art (1) of Omani Civil Law. It is too declarationed in Art (5) of Omani Interchangeable Law. But this Art declarations Islamic doctrines as a forth origin succeeding the contract, congress and use. 3) Custom: It is the indecent morality which vilealty familiar to do. Thus, the use followings from morality. But the variety betwixt them is that the use admits an indecent repute, i.e. if any peculiar does not follow its administrations, he end be punished. This origin is too declarationed in Art (1) of Omani Polite Law. These three origins are considered unconcealed origins for the law. However, Omani Interchangeable Law stereotyped them in a opposed sort. This appears distinctly in Art (4 and 5) of this law which stereotyped them as follow: the peculiar origin is the retrench, the remedy origin is Omani Commercial Law and its supplementary laws, the third origin is custom, the filthyth is Islamic code and the decisive is the administrations of justice. Thus, the retrench is the peculiar origin in Omani Interchangeable Law. The council in Oman plods out of the unconcealed management in other countries which usually sets the congress precedently the retrench. Besides, the mentioned Articles give the administrations of integrity as a decisive origin to which the flatter may advert if there is no administration in the other origins. CHAPTER TWO COMMERCIAL ACTIVITIES AND TRADERS SECTION ONE COMMERCIAL ACTIVITIES It is expressive to know betwixt the interchangeable activities and the politeian activities. This is owing there are allowable quality built on this separation. But what are the criteria to know the interchangeable activities from others, and what are the allowable quality which effect from this separation? In manage to solution these scrutinys, this part is disjoined into two sections; the peculiar is environing the concept of interchangeable activities and the remedy is environing the quality of separation betwixt the interchangeable activities and the politeian activities. Concept of interchangeable activities There are distinct criteria to know betwixt the interchangeable activities and the politeian activities. But Art (8) of Omani Interchangeable Law adopted one of them. It is the speculation measure. Speculation resources achieving avail. So, if a peculiar does an intelligence delay cunning to end profit, this intelligence is considered interchangeable intelligence and the interchangeable law restrains it. But if that peculiar does not aim at achieving avail, his intelligence is considered politeian and the Polite Law restrains it. Accordingly, the measure to know the interchangeable intelligence from politeian intelligence is the eager to end avail, unmindful of who does that activity. Beside this measure, Art (9 and 10) of Omani Commercial Law declarationed some activities and giveed them interchangeable activities. According to Art 9, The behindcited activities in point shall be reported to be interchangeable activities: 1. The discount of divisibles and other divisible materials and non-divisible materials delay eager to vend them and end avail whether sold in their peculiar proviso or succeeding fabrication or transmutation. 2. The discount of divisibles and other divisible materials and non-divisible materials delay eager to commission them. Or, lease them delay eager to sub-leasing them. 3. The sale, fissure or sub-leasing of the divisibles discountd or leased in the aforementioned sort. 4. The discount of existent edeclare delay eager to end avail from the sale in its peculiar proviso or succeeding disunion. And the sale of existent edeclare discountd delay such eager. 5. Yield retrenchs. 6. Employment retrenchs. 7. Open and secret banking negotiations, money-changing activities and financial trafficings. 9. Interchangeable papers such as bills of vary, promissory notes and checks. (all activities such as pur-pose, acceptance, endorsement, insure, etc) 10. The state of interchangeable companies and the sale or discount of their shares or bonds. 11. Open warehouses and pledges on quality deposited therein. 12. The parentage of minerals, oils, rocks and other natural resource. 13. The multiform images of security. 14. Open sites and ground such as open playgrounds, cinemas, hotels, restaurants and auction rooms. 15. Open advantageousness concessions such as the arrangement of water, electricity, gas, postal communications, telecommunications and the approve. 16. Transportation via plant, sea and air. 17. Business agencies, tourism offices, tenor and export offices. 18. Activities rehearsed to printing, publishing, the hurry, broadcasting and television, intelligence or picture transmission, advertisements and the sale of competencys. 19. The state of factories, plain if rehearsed to agricultural cannonade, and enterprise to establish and fabrication. 20. Activities rehearsed to understanding and understanding and to altering, renovating and demolishing understandings. In conjunction, According to Art 10, all activities rehearsed to mariduration and air navigation shall be reported to be interchangeable activities, pointly: 1. The understanding of ships or aircrafts and the sale, purchase, commission, leasing or retrieve of them. 2. Contracts pertaining the compensation and salaries of a ship's master and set navigators of aircraft and all those employed thereon. 3. Lending and borrowing 4. Mariduration and air transportation and all rehearsed processes such as the discount or sale of the defectives thereof in stipulations of preparation, tools, stores, fuel, ropes, sails provisions and aircraft yield materials 5. The multiform images of sea and air security Thus, these two Articles specified certainly the interchangeable activities unmindful of the peculiar who does them, seducely, whether he is businesssman or politeian. But too these activities, there are some negotiations shall be considered interchangeable activities. They are the activities incorporateed delay, or facilitating the activities declarationed in the former Articles. They are denominated ancillary interchangeable activities. The ancillary interchangeable activities, unconcealedly, possess a civilian temper. But they conclude the interchangeable repute owing they outfollowing from a peculiar who has interchangeable repute and they rehearse to his interchangeable business. In other words, these activities are reported to be interchangeable if two provisos are fulfilled. First, the intelligence should outcome from a businesssman. Second, the intelligence should be incorporateed delay the interchangeable activities of that businesssman. According to that, if a businesssman effects in vesture bought sofas to his garner, this negotiation is considered interchangeable intelligence. This is owing this negotiation is executed by a businesssman and his intention is to better his garner, i.e. the negotiation is incorporateed delay his business. But if this businesssman bought the sofas to his stock, this negotiation is considered politeian intelligence. Effects of separation betwixt the Interchangeable activities and the civilian activities. There are some quality following from the separation betwixt the interchangeable activities and the politeian activities. They are as follow: 1) The rightors are jointly-liable in the interchangeable right. This resources that the rightant in the interchangeable intelligence can ask any of the rightors environing his correct. He too can ask all of them concertedly. So, if any of them bankrupted, the other rightors end pay instead of him and the rightant end not endure this closing. But in manage to adduce the joint-liability administration, the right should be vile incompact the rightors, i.e. the origin of the right should be unified for the rightors. However, the Art shows that the joint-liability is not an indecent administration. So, the parties can combine incorrectly. 2) Rules of exemplification: The administrations of exemplification in the interchangeable negotiations are opposed from those in the politeian negotiations. This is owing business is grounded on reputation and hasten. Accordingly, the parties, in interchangeable activities, possess immunity in the outfollowing of evidence, i.e. they can demonstrate the negotiation by any classify of evidence. Meanwhile, the politeian negotiation is demonstraten solely by writing if the prize of the negotiation exceeds a local period. 3)No discount in interchangeable intelligence: It is abovementioned that the intention of the interchangeable activities is to end avail. Owing of that, there is no discount in the interchangeable activities. Thus, if the parties of the retrench disregarded to declaration consequence, that does not moderation they indicate to constitute discount. Meanwhile, if they disregarded to declaration the consequence in a politeian retrench, that may moderation that the parties indicate to constitute discount. 4) Compensation of the businesssman repute: If the peculiar manners the interchangeable activities, he may conclude the interchangeable repute. If he concludes this character, then he has to do some allowable obligations. For example, he has to haunt interchangeable competencys, annals in the interchangeable registrar, etc. 5) Statute of periodation: Statute of periodation resources that the flatter end not receive any right succeeding perishing a local duration, i.e. no allowable action end be brought precedently the flatter if a local duration lapses. This duration differs in interchangeable activities from that in civilian activities. In interchangeable activities, it is ten years. Meanwhile, in politeian activities, it is fifteen years. SECTION TWO TRADER The businesssman is defined in Art (16) of Omani Commercial Law as “Any peculiar who engages in interchangeable activities in his seduce, has the defective competency and adopts such negotiations as a business end be considered a Merchant”. Thus, this Art shows that there are some requirements should be available in the peculiar to be reported a businesssman. If they are fulfilled, the peculiar concludes the businesssman repute and then he has to perconstruct some obligations. They are as follow: Requirement of compensation of a businesssman repute: In manage to con-over the requirements of compensation of a businesssman repute, we possess to know betwixt the regular peculiar and the juristic person. The regular peculiar: The abovementioned Art shows that distinct provisos should be available in the regular businesssman. They are: First: The businesssman has to manner business in his seduce and for his account. That resources, the peculiar has to be rebellious in his effect, and his effect should be interchangeable intelligence, i.e. the activities which are mentioned in Art (9 and 10) of Omani Interchangeable Law. According to that, if the peculiar effects in a seduce appertains to another person, or if he effects for the representation of another peculiar, he end not be considered a businesssman. Besides, the manager of the community does not conclude the interchangeable repute if he is not a coadjutor in the community. This is owing he effects in the seduce of the community and for its account. But if the community is unconcealed coadjutorship or perioded partnership, he may conclude the businesssman repute. Second: The businesssman has to befollowing a negotiative in the interchangeable activities. So, negotiativeism is an expressive measure to know the businesssman from the non-trader. Professionalism resources that the peculiar adopts the interchangeable activities as a job and aavocation to infer his Livelihood. Thus, any peculiar manners the interchangeable activities negotiatively end conclude the businesssman repute. He end conclude the businesssman repute plain if he manners other effects do not rehearse to the trade. For pattern, the swain may manner interchangeable activities too farming. If he did and endd the professionalism measure, he end conclude the businesssman repute. But if he manners business accidentally, he end not conclude the businesssman repute. However, there are litigious to the negotiativeism measure. In these litigious the peculiar may conclude the businesssman repute plain if he does not manner interchangeable activities professionally, or corruption versa. They are as follow: 1) if a peculiar advertises that he is a businesssman, then he end conclude the businesssman repute plain if he does not manner business negotiatively. The law gives him the businesssman repute in manage to fortify the peculiars who traffic delay him. This is owing some peculiars may pause on the advertisement and, conformably, traffic delay him as a businesssman. In this occurrence, the law considers him a businesssman and the interchangeable law end be applied on him. 2) there are some peculiars prohibited, by goodness of local acts, from practicing business such as open employees, lawyers, etc. These peculiars may manner interchangeable activities by hidden ways. For pattern, they may use names appertain to other peculiars. In this occurrence, the hidden and the appafissure peculiars conclude the businesssman repute. 3) the peculiars who possess weak garners and weak vocations do not conclude the businesssman repute. Accordingly, they are not submitted ...
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