ديمومة النص في القانون المدني ( دراسة مقارنة )

Rp-Permanence of the text in civil law ( Comparative stady )Ali Mahmood Hameed .pdf

The law is the highest creation of human thought, and at the same time it is the most dangerous innovation that the human mind has come up with. Through it, it is possible to determine and direct the behavior of individuals, restrict their freedoms, and determine what is permissible for them to do and what is forbidden for them to do as well. Therefore, precision and caution must be exercised in enacting and drafting it. The texts of these laws are in direct contact with the lives and property of citizens, as the law is considered a double-edged sword, as through it human dignity may be preserved and respected, or this human dignity may be wasted and violated under the law, meaning that the law may be just or it may be an unjust law.
Law has become a mirror that reflects the level of progress of nations and peoples and the extent of their ability to enact good laws through which the progress of these nations and the level of their well-being are achieved, as they are laws that stem from the actual need of these nations and achieve the aspirations and prosperity of their people, as countries are keen to enact solid laws that express their aspirations and interests. Individuals and the public interest, and laws are only good if they are durable, as laws should be good and characterized by relative permanence in a way that achieves the requirements of the principle of legal security, which all countries are keen to provide its requirements and activate its components.
The sustainability of the law has components and requirements that must be taken into account when formulating legislation that the state proposes to put in place to address a specific issue or a group of issues. These components that must be taken into account when enacting legislation are the essence of the law and its subject matter, firstly, and secondly, taking care of the legal drafting side to show the idea and essence of the law in the proper and practical way that leads to The purpose of enacting legislation, as the essence and subject matter of the law must be well taken care of before it becomes a law, meaning that there is an actual and serious need for this law and that it is not to address an immediate issue and be an unjustified reaction, as well as taking into account the scientific and technical principles adopted in the legislative drafting to achieve the law’s permanence and effectiveness. In the service of the individual and society.
In all of this, we relied on the comparative analytical approach, as we analyzed the legal texts in the civil law, and the comparison was made with the situation in the Egyptian civil law, and also with the situation in the French civil law, and we also included the opinions of jurisprudence and judicial rulings on most issues ……………… We reached a set of conclusions and recommendations… May God grant us success.