جامعة النجاح الوطنية
An-Najah National University
PhD Program in Private Law
Duration: 36 Months (3 Years)
Degree Awarded: PhD
Student must complete 48 credit hours

Speciality Requirements Student must complete 36 credit hours

Course Code Course Name Credit Hours Prerequests
3
The course deals with comparative Legal systems (the Latin system, the Anglo-Saxon system, and the German system) and their comparison with the Islamic system. Under capitalism, socialism and the principle of social solidarity. This course is addressed by reviewing the theoretical and practical side of the course, holding interactive discussion panels for the topics presented, presentations by students of the course topics, and preparing research and work reports. The discussions in this course will be followed and commented upon by the professor and students to enrich the critical and analytical ideas in the legal field and present the results and recommendations in legal policy papers to the competent authorities.
3
The course deals with the legal and legislative environment for commercial and economic transactions at the local and international levels. The business environment is studied from the legal aspect, and the impact of these legislations on development, investment and economic growth, and the legislations related to investment in its various fields and the impact of these legislations in promoting development are studied. The discussions in this course will be followed and commented upon by the professor and students to enrich the critical and analytical ideas in the legal field and present the results and recommendations in legal policy papers to the competent authorities.
3
The course deals with the definition of damage and its material sections related to financial disclosure, the mechanism of compensation for present and future damage, the mechanisms for estimating compensation and physical damage and its estimation, the difference between labour and insurance laws, civil liability in compensation, and the criteria adopted by each law in calculating physical damage. Also, this course examines moral damage, the position of legislation on moral damage, compensation mechanisms in legislation and its assessment criteria, direct and indirect damage, direct damage, cause, expected and unexpected damage, the effect of knowledge and consent for damage on compensation, recurring damage and its compensation mechanism, and the concept of Specific performance. The discussions in this course will be followed and commented upon by the professor and students to enrich the critical and analytical ideas in the legal field and present the results and recommendations in legal policy papers to the competent authorities.
3
The course studies practical procedures in the Code of Civil and Commercial Procedures, focusing on the aspects and problems in the Code of Criminal Procedure and the theory of nullity in the Code of Criminal Procedure. The course also deals with the study of the law of evidence and its impact on judicial procedures and the practical judicial applications of the Code of Procedure and the Law of Evidence in the litigation process, the weight of evidence, and the problems facing litigants before the regular judiciary. The discussions in this course will be followed and commented upon by the professor and students to enrich the critical and analytical ideas in the legal field and present the results and recommendations in legal policy papers to the competent authorities.
3
This course deals with the resolution of various disputes arising from private law relations in their international dimension, whether they are related to international commercial relations such as disputes related to cross-border commercial papers and bonds, disputes of foreign companies, and disputes related to the various elements of intellectual property when they are associated with a foreign party, or disputes related to civil relations such as contracts. International, technology transfer contracts or foreign labour relations, etc. These disputes are resolved through international agreements or international and foreign arbitration, or the conflict of laws. The discussions in this course will be followed and commented upon by the professor and students to enrich the critical and analytical ideas in the legal field and present the results and recommendations in legal policy papers to the competent authorities.
3
This course deals with the definition of the methods of analyzing and interpreting legal texts, the mental requisites for analysis, the rules for deriving legislative provisions from the texts, the mechanisms for resolving conflicting legislation, and the ways to reconcile them. The discussions in this course will be followed and commented upon by the professor and students to enrich the critical and analytical ideas in the legal field and present the results and recommendations in legal policy papers to the competent authorities.
415898 Qualifying Exam 0
18
Preparing a doctoral thesis of a specialization topic

Speciality Optional Requirements Student must complete 12 credit hours

Course Code Course Name Credit Hours Prerequests
3
The course studies the theory of the company's contract and its impact on promoting development and investment. The course also deals with the study of the company's legal forms, the procedures for establishing companies, and the end of its legal personality. The course deals with partnerships, corporates, holding companies, and their practical applications at the local and international levels. The course also deals with the study of the merger of companies. As well as studying multinational companies. The discussions in this course will be followed and commented upon by the professor and students to enrich the critical and analytical ideas in the legal field and present the results and recommendations in legal policy papers to the competent authorities.
3
The course deals with the study of banking operations, their impact on bank financing and credit operations, and their repercussions in promoting economic development. The course also deals with studying international banking operations such as documentary credits, letters of guarantee and other independent guarantees, their legal organization and the international rules and norms that govern them. The discussions in this course will be followed and commented upon by the professor and students to enrich the critical and analytical ideas in the legal field and present the results and recommendations in legal policy papers to the competent authorities.
3
The course deals with the study of the professional responsibility of professionals, such as the professional responsibility of a lawyer and a doctor. Also, the course deals with the legal rules that govern the work of lawyers and doctors, their legal responsibility and the legal adaptation of their responsibilities. The discussions in this course will be followed and commented upon by the professor and students to enrich the critical and analytical ideas in the legal field and present the results and recommendations in legal policy papers to the competent authorities.
3
The course deals with the study of the Model Arbitration Law (UNCITRAL) and the extent of compatibility and comparison with local legislation. It also deals with resolving international commercial disputes through international arbitration institutions and ad-hoc arbitration, with a study of practical applications for international arbitration cases. The course also deals with the mechanisms for enforcing foreign arbitrators' judgments according to domestic and comparative legislation, according to the New York Convention on the Enforcement of Foreign Arbitration Awards, and the mechanisms for challenging arbitrators' awards. The discussions in this course will be followed and commented upon by the professor and students to enrich the critical and analytical ideas in the legal field and present the results and recommendations in legal policy papers to the competent authorities.
3
The course deals with the nature of specific performance, voluntary and compulsory implementation, forced by the law or by compensation. Also, the course addresses the conditions of the specific implementation, the concept of absolute physical and legal impossibility, relative impossibility and its impact on the specific implementation, the illegality of the breach, the request for specific implementation and; excuses. In addition, the course analyses the position of laws on specific performance, the relationship of non-performance to the right of termination, and the position of local and comparative legislations on the specific performance and legal guarantees of implementation. The discussions in this course will be followed and commented upon by the professor and students to enrich the critical and analytical ideas in the legal field and present the results and recommendations in legal policy papers to the competent authorities.
3
The course deals with the concept of the right in legal systems and whether it should remain absolute or restricted, and whether the extent to which the state can restrict the right is accepted from the point of view of the schools of individualism, socialism, and Islam. Also, the course will address the concept of arbitrariness, infringement, extremism and abuse. Moreover, the course analyses the concept of arbitrariness in comparative legal systems, the evidence of legal schools that adopt it, the evidence of schools opposing it, the rules on which it is based, the standards of arbitrariness, and the lawsuits that are based according to it. The discussions in this course will be followed and commented upon by professors and students to enrich the critical and analytical ideas in the legal field and present the results and recommendations in legal policy papers to the competent authorities.
3
The course studies the theory of hardship and its distinction from force majeure in terms of concept and legal effect. The requirements of the hardship defence will also be studied and compared to similar theories in Islamic jurisprudence, as well as the types of contracts in the theory of hardship effects. Moreover, the course examines the impact of this theory on contractual obligations and the extent of the judge’s authority in the amendment and the amendment criteria while addressing the impact of the Corona pandemic. The discussions in this course will be followed and commented upon by the professor and students to enrich the critical and analytical ideas in the legal field and present the results and recommendations in legal policy papers to the competent authorities.
3
The course deals with studying the legal system of international trade, international trade contracts, their formulation, negotiations, and the obligations of its parties. The discussions in this course will be followed and commented upon by the professor and students to enrich the critical and analytical ideas in the legal field and present the results and recommendations in legal policy papers to the competent authorities.
3
This course deals with the best ways to invest creative information in the various fields of intellectual property as it clarifies the areas for investing creative information represented in the artistic, literary, scientific and electronic works produced by the author, as well as the best ways to activate the material aspect of investing in patents, trademarks, trade secrets, new plant varieties and other various elements of industrial property. The discussions in this course will be followed and commented upon by the professor and students to enrich the critical and analytical ideas in the legal field and present the results and recommendations in legal policy papers to the competent authorities
3
The course deals with the provisions of legitimate and unfair competition, the legal regulation of legitimate competition and practices considered unfair competition. The course also deals with the study of monopolies and economic control; the impact of monopolies on commercial competition; the global and national efforts to promote legitimate competition and the elimination of monopolies; the impact of regulating competition on consumer protection; the local and international efforts to protect consumers; and the legislative regulation of consumer protection. The discussions in this course will be followed and commented upon by the professor and students to enrich the critical and analytical ideas in the legal field and present the results and recommendations in legal policy papers to the competent authorities.
3
This course deals with the mortgage, non-possessory real security, Priority rights, and their legal problems regarding place, elements and effects. Also, the course addresses the legal provisions of priority rights; the considerations for which the priority rights were found; the contestation of priority rights with mortgages and other theoretical and practical problems that show the extent of the success or failure of special laws in dealing with this type of securities. The discussions in this course will be followed and commented upon by the professor and students to enrich the critical and analytical ideas in the legal field and present the results and recommendations in legal policy papers to the competent authorities.
3
The course deals with the foundations on which Islamic financial contracts are based, the difference between them and traditional contracts, and the philosophy of prohibiting usury and harm. In addition, the course studies particular types of Islamic contracts such as Murabaha, Istisna and financial leasing, agricultural investment contracts, Sukuk, bonds and ‘Takaful insurance.’ The discussions in this course will be followed and commented upon by the professor and students to enrich the critical and analytical ideas in the legal field and present the results and recommendations in legal policy papers to the competent authorities.
3
This course deals with legal developments in one or more specific legal issues, such as the law of communications, websites, electronic transactions, and the franchise, as well as the legal regulation of such issues, whether at the national or international level. The course also deals with the impact of global transformations on the parties' commitments to such issues. The course instructor and students can choose the legal issues addressed in this course according to contemporary developments. The discussions in this course will be followed and commented upon by the professor and students to enrich the critical and analytical ideas in the legal field and present the results and recommendations in legal policy papers to the competent authorities.

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