Department Of Law Research Articles

GENDER EQALITY AND SOCIO- ECONOMIC EMPOWERMENT OF WOMEN IN INDIA : GENDER STEREOTYPE IN INDIA

13Jan 2020 GENDER EQALITY AND SOCIO- ECONOMIC EMPOWERMENT OF WOMEN IN INDIA : GENDER STEREOTYPE IN INDIA Pallavi Pal Phd. Research Scholar, Department of Law, University School of Law and Legal Studies, Ggsipu, Postal Address: 65a, Lig flats, Prasad Nagar, New Delhi-110005.

Forensic Technologies: Contemporary State and Perspectives

Professors’ Valentin Yakovlevich Koldin (Chair of Forensic Science of Law Department of Lomonosov Moscow State University) and Svetlana Arkad’evna Smirnova (Director of the Russian Federal Centre of Forensic Science of the Russian Ministry of Justice) exchange of opinions is given. The interlocutors address the problems of the present state of forensic expertise in our country, of scientific legal community’s special attention to forensic expertise, development of a coherent state scientific and practical system in this field. The most promising forms of relationship between investigative, judicial and expert technologies of ensuring justice are discussed. Examples illustrating the need to introduce the innovative regulatory mechanisms for forensic expert activity are provided.

MOHSEN FOROUGHI (1907–1983): THOUGHTS AND SUSTAINABILITY IN THE WORKS OF AN IRANIAN MODERNIST ARCHITECT

Introduction: Mohsen Foroughi was one of the first-generation Iranian modernist architects who joined Iranian architecture in the 1940s. His knowledge of architecture obtained in one of the most important French architectural schools—École des Beaux-Arts—allowed him to create valuable works by combining the spirit of Iranian architecture with modern values. His interest in education led to the establishment of the foundations of architecture teaching in Iran, based on the lessons taught in Europe. Purpose of the study: The article addresses the works of Mohsen Foroughi, combining modern architecture with the vernacular Iranian architecture. His most significant works include the building of the Senate, the Department of Law at the University of Tehran, the National Bank of Tehran’s Bazaar, and the Saadi Tomb in Shiraz. The article looks at the development of intellectual flows of the time that evolved into social relationships. Methods: In the course of the study, we use descriptive analysis and analysis of library resources. Results: The main characteristics of Foroughi’s work are balance, symmetry, and application of the main elements of traditional Iranian architecture. By better understanding of his works, architects can be more successful in creating today’s architectural projects.

Much Ado About Nothing: The Case Against Replicating Article XX(g), GATT 1994 In International Investment Agreements

The Zeitschrift für Europarechtliche Studien (ZEuS) is published by the Europa-Institut, law department, of Saarland University since 1998. The concept of ZEuS is a wide one: the journal addresses current aspects and fundamental problems connected with European Integration, European law and International law. Consisting of articles especially in German and English which commentate on current developments in the law, ZEuS offers an ideal forum for contributors of both academic and professional backgrounds. Moreover, ZEuS makes a conscious effort to provide young academics and students with the opportunity to have their work published. Finally, all speeches held at the Europa-Institut are published in ZEuS.

Ende der Vertrauensarbeit – Renaissance der Stechuhr? Zeiterfassung im Arbeitsrecht nach dem Urteil des EuGH v. 14.5.2019 – C-55/18

The Zeitschrift für Europarechtliche Studien (ZEuS) is published by the Europa-Institut, law department, of Saarland University since 1998. The concept of ZEuS is a wide one: the journal addresses current aspects and fundamental problems connected with European Integration, European law and International law. Consisting of articles especially in German and English which commentate on current developments in the law, ZEuS offers an ideal forum for contributors of both academic and professional backgrounds. Moreover, ZEuS makes a conscious effort to provide young academics and students with the opportunity to have their work published. Finally, all speeches held at the Europa-Institut are published in ZEuS.

To the 100th anniversary from birth of professor lev moiseevich bedrin

Professor L.M. Bedrin - Head of the Department of Forensic Medicine and Law of the Yaroslavl Medical Institute for over 18 years. L.M. Bedrin was the first to develop a new scientific field - study of microcirculation in extreme conditions. L.M. Bedrin is the author of more than 130 scientific works, 100 articles, monographs. Under the supervision of L.M. Bedrin 1 doctoral and 10 master's theses were successfully defended.

Halperin-Ginsburg Elena – the fate of a woman-lawyer in the context of the era

Introduction. There are discussed issues of women's access to law. At the time of the Judicial Reform in the Russian Empire in 1864, a Bar was established. Previously, there was no full-fledged institute of judicial protection because of the inquisitive nature of domestic justice. However, in practice, civil service and access to the judiciary, as well as higher legal education, were still closed to women. It was only after the first Russian revolution of 1905–1907 that the question of women's right to be engaged in professional legal activity was considered. They were allowed to higher education. Attempts to pursue a law degree have been made before. So, some Russian women graduated from foreign law departments and came to Russia to get a job in the profession. Despite the fact that diplomas of foreign universities did not equate to the certificates of Russian higher education institutions, they gave the right to take the state exam for the full course of the relevant Russian educational institution. The right of women to practice law became statutory on 1 June 1917. The Provisional Government issued a resolution "On admission of women to court cases", finally having put an end to all disputes and allowed women to fully join the legal community. The aim of the article is to cover the little-known biography of one of the first Ukrainian women lawyers, Elena Halperin-Ginsburg. Results. The article deals with the life and creative activity of one of the first Ukrainian women lawyers, Ginsburg Elena Abramivna. There is given a general overview of the scientific, educational and journalistic activity of Elena. Among other things, the focus is on its activities in Kyiv. Elena has collaborated on various issues of criminal law with such publications as the "Journal of the Ministry of Justice", "Journal of Criminal Law and Procedure". In the period from 1909 to 1916, she actively published her works in the largest circulation provincial newspaper of the Russian Empire of his time, “Kievskaya Mysl’" On the pages of the periodicals, Elena highlights the most pressing and acute issues of social life. In Kyiv, she organizes a patronage for prisoners, participates in the League for the Protection of Childhood and drafts its statute. She initiated the creation of a juvenile court in 1914 in Kyiv. She actively works at the Kyiv Women's Public Assembly, lectures at the People's House.

Recent Austrian Practice in the Field of European Union Law

The ninth report by the European Law Department of the Legal Service of the Austrian Foreign Ministry (‘Office of the Legal Adviser’, ‘Völkerrechtsbüro’), which was written under the guidance of Ges. Mag. Martin Meisel, covers some of the main developments in European Union Law during 2019. The issues covered include legal questions concerning the reform of the Energy Community Treaty (Waizer), Austrian national legislative measures and institutional questions in the context of Brexit (Kreuzhuber), the European Union’s accession to the European Convention on Human Rights (Meisel) and two pending cases before the Court of Justice in the field of external representation of the Union (Breitler/Kraschowetz).

CURRENT HEALTH LAW ISSUES IN CENTRAL AND EASTERN EUROPE(LUBLIN, 3 JUNE 2016, CONFERENCE REPORT)

On 3 June 2016 an international conference on Current Health Law Issues in Central and Eastern Europe took place at the John Paul II Catholic University of Lublin. The conference was organised by the Department of Administrative Law at the Faculty of Law, Canon Law and Administra-tion under the honorary patronage of the European Association of Health Law (EAHL). The aim of the above-mentioned meeting was to create the platform for exchange of experiences and sharing views by researches and experts from the field of health law from post-communist countries where transformation processes caused many changes in the health system, also in the perspective of their EU memberships. The foreign research centres represented at the conference were the Masaryk University in Brno from the Czech Republic, the National Academy of Management in Kiev and the Legislation Institute of Verkhovna Rada of Ukraine from Ukraine, the University of Ljubljana from Slovenia, and the Kauno Kolegija University of Applied Sciences from Lithuania. Polish speakers and other participants derived, among others, from the Medical University of Lublin, the Jagiel-lonian University, the University of Rzeszów and the John Paul II Catholic University of Lublin.

Рецензия на монографию Ю. А. Кашубы «Условное осуждение (освобождение) с обязательным привлечением к труду» под научной редакцией лауреата премии Правительства Российской Федерации в области науки и техники, кандидата юридических наук, доктора экономических наук, профессора Н. Д. Эриашвили

The article presents a review of a monograph on the problems of penal law “Suspended sentence (release) with mandatory involvement in labor”. The monograph was published in “UNITY-DANA: Law and Right” in 2018 ISBN 978-5-238-03062-3. The author is Yuriy Anatol’evich Kashuba, DSc (Law), Professor, professor of penal law department at the Academy of the Federal penitentiary service of Russia. The monograph is recommended for publication by the Research Institute of Education and Science, as well as the International Educational and Methodological center “Professional textbook”. The monograph is devoted to Institutes of probation with mandatory involvement in labor and conditional release from places of liberty deprivation with mandatory involvement of the convict in labor. These institutions were founded since the decrees adoption of the Supreme Soviet Presidium of the USSR “About parole from places of imprisonment for convicts, who have embarked on a way of correction, for work on constructions of national economy enterprises” (adopted on 20.03.1964), “About probation with mandatory involvement of convicted persons in labor” (adopted on 12.06.1970). After liquidation of the USSR, they were canceled in 1993. Later, the legislator introduced new types of punishment – restriction of freedom, and later – forced labor that borrowed many elements from probation with mandatory involvement in labor (Article 24.2 of the Criminal Code of the RSFSR) and parole with mandatory involvement of convicted persons in labor (Article 53.2 of the Criminal Code of the RSFSR). The monograph can be used in improving the norms of criminal, criminal procedural and penal legislation, in the activities of the Penal system, in the process of teaching criminal and penal law and other related disciplines.

An Ambiguity of Constitutional Law Major at the Faculty of Sharia of Islamic Higher Education Institutions in Indonesia

This article examines the problem of majoring Constitutional Law at the Faculty of Sharia in Islamic Higher Education Institutions in Indonesia. There is an ambiguity of the essence of Constitutional Law at the Faculty of Sharia whose Siyasah (simply translated into Constitutional Law) as a major. The core subjects of constitutional law are legal studies on basic law aka constitution. Meanwhile, the essence of siyasah is politics. Does this ambiguity occur only in the nomenclature or also in its implementation as well that include the department’s vision, mission, curriculum, competency, and profile of graduates? This study was a library research which employs a qualitative data analysis towards the so-called siyasa department’s vision and mission documents, curriculum documents, textbooks assigned, teaching materials, research journals, and websites across Islamic Higher Education Institutions in Indonesia. It found that there has been an ambiguity in some Departments of Constitutional Law at the Faculty of Sharia both in the Department nomenclature and in its implementation, such as vision, curriculum, student final assignments, student competency, and profile of graduates. This ambiguity lies in which specialization aims at by the major: law in general, politics, or constitution? On the one hand, the objective of the department is to train the students with legal studies focusing on Islamic Constitutional Law (Qanun Dusturi al-Islamy). On the other hand, the courses on politics are prominent too while there is not enough subjects on the Islamic Constitutional Law. It thus suggests the siyasa Department management across the Faculty of Sharia in Indonesia reorient their vision and mission and match them with their curriculum and programs.Keywords: Ambiguity, constitutional law, Faculty of Sharia

COMMUNITY INTERVIEWS CONDUCTED BY PROBATION OFFICERS IN GUARDIANSHIP CASES IN LIGHT OF CASE FILE RESEARCH

The purpose of this article is to summarise and systematise the legal provisions regarding community interviews conducted by probation offi cers in guardianship cases. Th is article presents the results of own research using court files performed in the Department of Family and Juvenile Law, Faculty of Law and Administration, at the Cardinal Stefan Wyszyński University in Warsaw. The article has been written under the supervision of prof. dr hab. Wanda Stojanowska. Th e article features an examination of the results of the research and conclusions drawn based thereupon.

COMPARATIVE CONSTITUTIONAL AND MUNICIPAL LAW SCHOOL (PART I)

The beginning of the next calendar year marks sixty years since the Patrice Lumumba University of Peoples' Friendship (later was renamed to Peoples' Friendship University of Russia, RUDN) was founded. Within these sixty years the Faculty of Economics and Law, the Faculty of Law have been operated until the Law Institute, maintaining continuity, took the place. As one of the university graduates and a student of prominent Soviet scholars who stood at the origins of several schools of comparative law that currently exist, the author attempted to follow the dialectical process of formation, development and systematization of the scientific school of comparative constitutional and municipal law that is connected not only with the special nature and features of teaching foreign and domestic students, but also with significant achievements in the field of preparation of candidates in and doctors in this specialty. Contrary to other universities, comparative legal analysis was using as a basis for preparation of domestic law specialists for the states set free from colonial dependence and that explains the choice of regional and country-specific research model for forms of government, administrative organizational structures, political regimes of leading Asian, African and Latin American states with “socialistic” or “capitalistic” orientation. These mentioned states took the path of independent civilizational development, came through the periods of sovereignization and “decolonization” of wide range of political, economic and social relations. The formation of the “grounds” for African, Latin American, ArabMuslim, Indian comparative studies is connected with the Department of Theory and History of State and Law, within which the scientific foundation of the school of comparative constitutional and municipal law was laid, the “baton was picked up”, at first, by the Department of Constitutional, Administrative and Financial law, and then by the Department of Constitutional and Municipal law, Constitutional law and Constitutional justice and Municipal law that maintained and updated the best traditions related to the training of Russian and foreign students, postgraduate students and doctoral students. At the present stage, comparative law is experiencing a new stage, caused by interest in the processes taking place in the United States and the European Union.

Judicialização do acesso a medicamentos no município de Ivinhema, Mato Grosso do Sul

Objetivo: conhecer o perfil das requisições de medicamentos na esfera administrativa, recebidas pela Secretaria de Saúde do Município de Ivinhema, Mato Grosso do Sul, no ano de 2017. Métodos: estudo descritivo, retrospectivo, com foco em base documental. Definiu-se como universo da pesquisa os ofícios recebidos pelo departamento jurídico da Secretaria de Saúde no Município de Ivinhema/MS, no período de primeiro de janeiro a 31 de dezembro de 2017. As variáveis concatenadas foram: quantificação das requisições de medicamentos no período supracitado; classificação da autoria dos ofícios recebidos; características dos medicamentos requeridos: pertinência à rede de assistência farmacêutica do SUS e classificação pela Anatomical Therapeutic Chemical Classification (ATC), de acordo com a recomendação da Organização Mundial de Saúde. Resultados: foram recebidos 59 ofícios, requisitando um total de 169 medicamentos. Desse total, 118 (69,8%) não faziam parte da rede de assistência farmacêutica do SUS. Dos 51 (30,2%) medicamentos listados na rede pública de saúde, 38 (74,5%) estavam elencados na Relação Estadual de Medicamentos Essenciais (Resme) e 13 (25,5%), na lista do componente especializado. Os fármacos solicitados com maior frequência foram: ácido acetilsalicílico (3,5%), metoprolol e cilostazol (2,4%). A maioria das requisições recebidas veio da Defensoria Pública (93,2%). Além disso, segundo a classificação terapêutica dos medicamentos solicitados, verificou-se que os grupos anatômicos mais frequentes foram: sistema nervoso central (31,9%), sistema cardiovascular (26,0%) e sangue e órgãos hematopoiéticos (10,6%). Conclusão: a maioria dos ofícios era de autoria da Defensoria Pública e requisitavam medicamentos que não faziam parte da rede de assistência farmacêutica do SUS.

Some reflections on law and gender in modern Ireland

This is the text of the keynote lecture delivered at the launch of Black, Lynsey and Dunne, Peter (eds). Law and Gender in Modern Ireland. Oxford: Hart, delivered 13th September 2019, Department of Law, Maynooth University, Ireland. The lecture locates the book within the context of rapid, radical transformation in gender law and politics in Ireland, highlighting some of the issues which have been the focus of activism and/or reform. The lecture goes on to outline some of the challenges which arise in the legislative pursuit of gender equality including the tension between respecting agency and choice and curbing exploitative and/or gender disadvantaging practices. Comparisons are also made with legislative initiatives in neighbouring Britain. The lecture concludes with some reflections on the interplay of sex and gender in law and public debate and their embedding in the constitutional creation of the modern Irish State.

India’s Forest Rights Act, 2006: Stuck in a Maze of Bureaucratic Interpretations?

Using the varied legal forest categories and forest property regimes in Karnataka, India, the authors showcase the ingenuity with which the Forest Rights Act (FRA) 2006 has been interpreted in various districts of the state. This article examines the reasons for these different interpretations among the implementing agencies and the outcomes of such interpretations on the community, targeted by the law to benefit. The range of administrative interpretations of the FRA has resulted, in most cases, in the dilution of the spirit of the law. There have been multiple factors that have influenced these administrative interpretations, including social formations, political power, histories of forest tenure, ideologies of conservation and inter-departmental mandates. The interplay of these multiple tensions, compels genuine claimants to struggle with accessing their rights under the Act and realising its full potential. The expression of administrative discretion often results in the creation of a cumbersome process of getting forest rights legally recognised, thus limiting the scope of this Act. Roshni Kutty is a PhD scholar with ATREE (Ashoka Trust for Research in Ecology and the Environment), Bangalore and MAHE (Manipal Academy of Higher Education), Manipal; Sharachchandra Lele is a Distinguished Fellow in Environmental Policy & Governance; and Siddappa Setty is Associate Professor, Centre for Environment & Development, Ashoka Trust for Research in Ecology and the Environment, Karnataka. Arpitha Kodiveri is a Ph.D. Scholar, Department of Law, European University Institute, Italy.

In Case You Haven't Heard…

Last week's ruling by a federal judge that Safehouse, a proposed supervised injection/consumption site in Philadelphia (see ADAW, Jan. 29, 2018), does not violate the “crack house statute” was celebrated all over the country by harm‐reduction advocates. Leading the way was the Drug Policy Alliance (DPA). Lindsay LaSalle, managing director for the DPA's Department of Law and Policy, called the ruling a “victory in the fight to save lives.” While the federal government had argued that the site was meant for drug use, and therefore violated the crack house statute, Safehouse argued that it was meant to save lives, and drug use was just ancillary to that purpose. Opioid overdose deaths could be prevented if someone used opioids in front of a health care professional, who could then provide medical care if needed, preventing an overdose. In fact, no overdose deaths have ever occurred in a supervised consumption site, the DPA noted. “Though legal questions remain, this decision — that the federal ‘crack house’ statute does not apply to supervised consumption sites like Safehouse — sets an important legal precedent in the fight to establish evidence‐based interventions to address drug use and related harms,” said LaSalle. “We hope this decision sends a signal to the Trump administration that criminalization is not the right response to overdose deaths and that the administration will rethink efforts to interfere with state‐level drug policy that prioritizes individual and community health.” There is concern that such facilities would be seen as less expensive alternatives to treatment by municipalities and other payers, and be approved for that reason alone. But there is consensus that saving lives comes first. See next week's issue for a deeper analysis and commentary from the treatment field.

Report from 3rd Legal Forum of Spatial Economy and Construction 'Special Investment and Construction Acts

The 3rd Legal Forum of Spatial Economy and Construction, entitled 'Special Investment and Construction Acts', was held on 31 May 2019 at the University of Gdańsk. It was organised by the Department of Administrative Law at the Faculty of Law and Administration of the University of Gdańsk. The Chairman of the Scientific Committee of the Forum, and at the same time the originator of this series of Legal Forums on Spatial Economy and Construction has been Tomasz Bąkowski, PhD, professor of the University of Gdańsk, while the Organising Committee was led by Tomasz Bojar-Fijałkowski, PhD. The forum was held under the auspices of the presidents of Gdynia, Sopot and Gdańsk, its sponsor was the Energa Foundation, and its co-organiser was the Foundation for the Development of the University of Gdańsk. The event was attended by over 40 representatives of academic and professional circles representing the largest Polish university centres, as well as administration and judiciary bodies.

Науково-практичний семінар "Спори у сфері торговельного мореплавства та шляхи їх вирішення"

On August 16, 2019, a scientifically-practical seminar Disputes in the field of merchant shipping and ways to resolve them took place in Odesa. An event was organized by the Committee on Transport Law of the Ukrainian Bar Association, the Committee on Maritime Law of the Association of Advocates of Ukraine and the Committee on Transport Law of the Bar Council of Odesa Region. The event was attended by Yuriy Sergeev, a lawyer, a PhD, a Chairman of the Maritime Law Committee of the AAU, a managing partner of Sergeyevs` Law Office LTD, an associate professor of the Department of Maritime and Customs Law of National University “Odessa Law Academy”; Artur Nicevich, a lawyer, a Chairman of the Transport Law Committee of the BCOR, a partner of Interlegal. Also, Vitali Serafimov, a lawyer, a PhD, an associate professor, an associate professor of the Department of Maritime and Customs Law of National University “Odessa Law Academy”, a managing partner of the Law Group “Vitaliy Serafimov & Partners” and Tatiana Averochkina, a Doctor of Legal Sciences, the Head of the Laboratory of the Department of Maritime and Customs Law National University “Odessa Law Academy” took part in the seminar. The issues discussed during the event dealt with the various aspects involved in resolving disputes between crew members, shipowners and mutual insurance clubs, litigations involving maritime agents, the specifics of litigation in GAFTA arbitration, and debt recovery from shipping companies and sanctions, used in merchant shipping. During the event, the procedural features and significant advantages of giving a lawsuit and examination a case at the Maritime Arbitration Commission at the Chamber of Commerce and Industry of Ukraine were emphasized. Also, the theoretical and the practical aspects of the application of the new procedural legislation applicable in the field of merchant shipping were emphasized. Due to the heated discussion, the participants of the event managed to be convinced of the well-established stable practice of applying the norms of the national legislation and the international agreements in the field of merchant shipping in Ukraine and to emphasize ways of its possible development and gradual improvement.

التفاوض التعاقدی ؛ إطاره القانونی وأثره فی الالتزام

بحسب طبيعة األشياء، تکون المفاوضات صعبة، حيث تتغير مواقف األطراف فيها، مع کل مخاطبه تمر بها هذه المرحلة، حتى االتفاق النهائي، و على الرغم من التقارب في وجهات النظر إال أنه محصور على الوثيقة النهائية فقط، و ال تزال وجهات األطراف متباعدة خالل هذه المرحلة إلى حد ما. حتى ا في اآل ارء. تسجل توافق والسيما أن استخدام تعبيرات مختلفة في المستندات المتداولة في مرحلة التفاوض، يشکل صعوبة في بناء تلک التعبيرات، وبناء الکلمات التعاقدية؟ فهي عملية يصعب فيها الوصول إلى نتيجة مرضية للطرفين إال إذا تم استخدام نفس التعبيرات التفاوضية، وهنا في الواقع تنعدم المحصلة إذا لم يتم التحرک عن مرحلة التفاوض: بل قد يتم فقد توافق ما إذا تخلفت عنه الظروف المحيطة، ونصل في هذه المرحلة إلى انعدام اإلجما من األطراف على االستئناف التوافق و قد يکون لدى الطرفين تفسيرات مختلفة لمجموعة الکلمات الواردة في العقد، وحتى أنهم يعترفوا بتلک التفسيرات المختلفة؛ أمال منهم أال ينشأ نزا . و يمکن أن يکون للجوء إلى المواد األساسية في التفاوض نتائج مدهشة إلى حد ما حيث دا بمرحلة طويلة من اإلعداد والتحضير والنقاش، البد من أن يمر االتفاق قبل صيرورته عق بشکل يتناسب مع العقود الحديثة اقتصاديا ا، إل ازلة وتکنولوجي ما بها من لبس وتعقيد محتمل، بحيث يتم بعد ذلک إبرام العقد على أساس سلس وواضح، مما يحقق للعقد االستقرار؛ فهذه المرحلة تقوم على المناقشة وتبادل اآلراء واألفکار والتحاور والمساومة بين األطراف من أجل الوصول إلى اتفاق. ال من و ا هائ تضم المرحلة التي تسبق التعاقد عدد العمليات و األعمال التحضيرية و عداد خطط المشرو الفحوص الفنية والد ارسات االقتصادية، وا محل التعاقد وتوفير وسائل تمويله و تأمينه، وهذا ما يقتضي توفير الحماية للمتعاقدين أو باألحرى للمتعاقد األضعف في مرحلة ما )1 )قبل التعاقد فهذه المرحلة يتلمس فيها کال الطرفين سبيله إلى التعاقد بحذر، فهي ليست مجرد نما مرحلة اجتهادات شخصية، وا يتولى تنظيمها علم ذو قواعد وأصول، أفردت لشرحها کتابات متخصصة. الکلمات المفتاحية : 1 .مفاوضات ما قبل التعاقد 2.اثر المفاوضات في االلزام 3.التفاوض التعاقدي )1 )ينظر د. محمد عبد الظاهر حسين: الجوانب القانونية للمرحلة السابقة على التعاقد، القاهرة، .6ص، 2002/2001 التفاوض التعاقدي؛ إطاره القانوني وأثره في االلتزام Ahmed El Sayed El Bahy El Shobary Assistant Professor of Civil Law, Department of Law, Faculty of Administrative and Human Sciences, Buraidah Colleges. Qassim. Kingdom of Saudi Arabia ahmed.elshobry@bpc.edu.sa Abstract By the nature of things، where negotiations are difficult، the parties' positions، with each passing letter, are changing and until the final agreement, though converging, still divergent. It is only the final document, which records a consensus. If the previous documents use different expressions, how does construction of those expressions, itself a doubtful process, help in the construction of the contractual words? If the same expressions are used, nothing is gained by looking back: indeed, something may be lost since the relevant surrounding circumstances may be different. And at this stage there is no consensus of the parties to appeal to. The parties may have had different interpretations of the set of words contained in the contract and even recognized those differing interpretations; simply hoping that no dispute would arise. This resort to background material can have somewhat surprising results key words: 1.Pre-contracting Negotiations 2.Negotiations 3.Negotiations Its Legal Framework and Impact on Commitment