Jordanian Legislator Research Articles

A Comparative Study of Provisions of Air Carriers’ Liability in Aviation Law

This paper deals with the liability of transporters under aviation aaw and explores the main disputes and lawsuits that may appear before the courts. Therefore, this paper has been divided into three sections. The first section examines when air transportation can be considered as international, civil, commercial, or domestic contracts, while the second section deals with the legal responsibility of transporters under Jordanian, American, and French legislation, and explores contractual liability in this regard. Finally, the third section of this paper addresses the issue of tort liability in the case of civil aviation, and determines the main points and recommendations that should be taken into account.

The Procedures and Guarantees of Disciplinary Liability for the Public Sector Employee in the Jordanian Legislation

This study aims to clarifying the concept of disciplinary penalties and guarantees relevant to the public sector employee in the civil service regulation 30/2007. Additionally, the study tackled the types of disciplinary penalties and competent authorities responsible for imposing these penalties. It also clarified the disciplinary and guarantees procedures toward disciplining the public sector employee commencing from the moment of identifying the behavior or the act, which constitutes the behavioral offence, followed by addressing the accusation, then the disciplinary investigation and its guarantees. Ultimately, the study considered what is called “the appeal of the disciplinary decision” whether through the administrative appeal or judicial appeal.

Internet Surfing in Jordan: Overviews and Monitoring

Abstract This article discusses Jordanian legislation concerning Instructions for Regulating the Work of the Internet Centers and Cafés and the Bases for their Licensing for the year 2001 and its amendments.

A Theoretic Study in Light of the Jordanian Arbitration Law: The Problem of Arbitration Clauses

Despite the novelty of adopting arbitration clauses by the Jordanian legislator as a tool to resolve disputes, and despite expansion in this field, this indeed led to developing a business transactions system, which positively affected the promotion of the Jordanian economy through the resolution of disputes arising between investors within the required time frame. This expansion could be a threat to arbitrating parties who, with an arbitration clause omitting the reference to courts, the latter providing securities that arbitrating parties cannot avoid this risk unless they are aware of the results of contracting to an arbitration clause, which means omitting the option of referring to courts going through arbitration proceedings, starting with the appointment of an arbitral tribunal, until the issuance of the arbitration verdict. Thus this condition becomes a means of pressure in favour of the powerful party in contracting, since the weaker party, in anticipation of contracting, accepts all the terms and conditions stipulated in the contract without discussing the stipulations of the arbitration clause on how to appoint the arbitrators, the method of arbitration, and the procedures adopted in arbitration, etc., which are usually endorsed by the stronger party in his favour, which harms the interests of the weaker party.

Others’ Claims against Limited Liability Companies in Jordan

Since the liability of a partner in a limited liability company is limited to his shares in the capital, and since the manager, in such a company, is not liable to be questioned, unless he acts ultra vires, the Jordanian legislator has adopted effective measures, in the Companies Law No. 22 of 1997 and its amendments. These measures protect the interests of third parties by enabling them to file a claim of nullity whenever a breach occurs in one the subjective conditions and/or in the formal basis, i.e., initiation contract and registration in the commercial register, and to file a claim of responsibility, after establishing a basis for its existence, against the company founders and the board members or against the company itself as a legal entity. Actually, these procedures, in addition to protecting the interests of others dealing with this type of company, would make the company a trusted enterprise, which would encourage investors and the businesspeople, especially foreign ones, to enter into business with it. This paper examines these actions in light of the Jordanian Companies Law.

Intellectual Property and Copyright Laws and Their Impact on Digital Resources in Jordan

There are many obstacles and problems hindering digital resources in libraries according to librarians and administrators. These problems affect global economy, in general, and Jordanian economy, in particular. Piracy effectively destroys the creative initiative of Jordanian inventors and scientists. The international copyright laws, including Jordanian legislation provide Intellectual property rights holders with a great deal of protection. This research demonstrates at the importance of intellectual property and copyright lows in Jordan and deals with the international conventions on intellectual property and signed by Jordan. Finally, the research proposes a number of recommendations on how Jordan can combat problems and improves the enforcement of IPR legislations in the country.

Definition of a Registrable Trade Mark: Jordanian and UK Legislation Compared

This article investigates the definition of a registrable trade mark under the existing legislation prevalent in two countries, namely Jordan and the United Kingdom. More particularly, it also focuses on the recent Jordanian Trade Marks Law amendment that complied with the Trade-Related Aspects of Intellectual Property Rights (TRIPS). Therefore, this article has two principal aims. Initially, it examines the Jordanian Trade Marks Law’s definition of trade mark before and after the 1999 amendments and its compatibility with the TRIPS Agreement. Secondly, this article examines and analyses the kinds of trade marks the Jordanian Trade Marks Law permits the registration of. It compares these with those the UK Trade Marks Act allows. This will highlight common requirements to register and legally protect a trade mark but also reveal any significant differences in the two laws and the types of trade marks to which they grant registration. Importantly for this article, the analysis of Jordanian Trade Marks Law is consequently made in relation to one in a developed country – the UK.

Exceeding the Limits of the Agency by the Agent in the Jordanian Civil Law Comparative Study

The Jordanian legislator allows contracting by the person himself or through an agent who may confine to the limits ordained to him in the agency contact or exceed these limits. This article discusses the subject of exceeding the limits of the agency by the agent in the Jordanian law. It is divided into three main parts: a preliminary part discusses the definition of agency and the differentiation from other types of deputyship; pan one discusses the effect of dispositions made by the agent who exceeds the limits drawn in the agency; part two discusses the cases in which the effect of the dispositions made the agent due to the original even though the agent has exceeded the limits of the agency. At the end of the article the conclusion and recommendations are stated.

Criminal Court’s Power to Summon Witnesses by Itself.

In Criminal Cases; the burden of proving a crime; and offender guilt fall responsibility on the prosecutor, and a defendant to criminal charge, have the right disprove to the evidence admitted to criminal court. The basic rule is the two parties admit their witnesses to criminal court within tightly system rules. Calling witnesses is one of the important evidence in criminal trial process; the Jordanian legislator (by s.l6l, 226 Criminal procedures law 1961) who authorizes judges in criminal cases, the power to summon new witness. We achieve within this research, that legal and current problem, and basic rules govern this power, and the resolutions deal with the legal and current problems

Colour and Sound Marks: A Brief Overview of Civil Protection in Light of Jordanian Legislation

There has been much debate regarding colour and sound marks, as to whether they should be registered as trademarks and therefore protected by law. Colours and sound, like words, letters, numbers and figures, can form an important part of goods, products, or services. This article critically examines the approach of Jordanian Law on the topic of civil protection for colour marks, as an example of visible signs, and sound marks, as an example of non-visible signs. It examines the definitions of colour and sound marks and of types of colour mark, questioning whether colours and single-colour marks are protected in Jordan under the Trademarks Law, Unfair Competition and Trade Secret Law, and Civil Law, and whether sound marks are protected in Jordan. What conditions are necessary for registering colour and sound marks? Finally, the article examines the protection of sounds under the Jordanian Copyright Protection Law, as the fate of sound marks is still fraught with uncertainty.

Money laundering regulations in Jordan: a positive example of Middle Eastern country earnest about catching up with international financial standards

Reviews briefly the Jordanian legislation and other measures against money laundering; they include the Central Bank of Jordan Memorandum No. 210 /97, which was advisory and not sufficiently clear on what money laundering actually is. Moves on to Article 93 of the 2000 Jordanian Banks Law, which makes it mandatory for every bank to report to the Central Bank of Jordan any transaction in which it is involved if it suspects that it is related to an illegal act; while Central Bank Regulations No. 10 for 2001 is Jordan’s first specialised regulation on money laundering.