86 research outputs found
The necessary procedures for implementing the pre-prepared reorganization plan in the Jordanian insolvency law
No full text أوجد المشرع ضمن المرحلة التمهيدية من مراحل الإعسار طريقاً يمكن للمدين أن يسلكه ليتجاوز به حالة الإعسار قبل الدخول بها، وهي إعادة التنظيم وفق خطة معدة مسبقاً، حيث أنه إذا أشرف المدين على الإعسار خلال مدة معينة، أجاز له المشرع أن يعد مقترح خطة يبين فيه آلية معينة لإعادة تنظيم أعماله، ليجنب بهذه الخطة نشاطه الاقتصادي من الإعسار، يقبلها الدائنون أو نسبة منهم وتوافق عليه المحكمة.
وتعد خطة إعادة التنظيم المعدة مسبقاً التي نظم أحكامها المشرع ضمن المرحلة التمهيدية، آلية يستخدمها المدين لوقاية نشاطه الاقتصادي من الإعسار ويحافظ على استمراره، مما يحقق بالنهاية الفوائد للمدين بالمحافظة على مصدر دخله، وللعاملين بالمحافظة على وظائفهم ومصدر دخلهم، وللدائنين بضمان الحصول على أعلى نسبة سداد لديونهم، وللاقتصاد الوطني الفوائد الجمة.
يبين الباحث في هذه الدراسة واقع خطة إعادة التنظيم المعدة مسبقاً وعلاقتها بالمرحلة التمهيدية وعلاقتها بإعادة التنظيم الاعتيادية، ودور كل طرف في هذه الخطة، وذلك من خلال ثلاثة مطالب يتناول في المطلب الأول موقع خطة إعادة التنظيم المعدة مسبقا من المرحلة التمهيدية، ويذهب بالمطلب الثاني إلى تداخل خطة إعادة التنظيم المعدة مسبقا مع خطة إعادة التنظيم الاعتيادية، ويخصص المطلب الثالث لمحل تطبيق خطة إعادة التنظيم المعدة مسبقا، وتوصل الباحث إلى مجموعة من النتائج والتوصيات كان من أبرز النتائج التي توصل إليها، أهمية قانون الإعسار في رعاية مصالح وحقوق المدين التي أغفلتها أحكام الإفلاس الملغية، والمحافظة على حقوق الدائنين والاقتصاد الوطني، ومن أبرز التوصيات التي توصل إليها الباحث ضرورة الاهتمام بتأهيل وكيل الإعسار لما له من دور كبير في خطة إعادة التنظيم المعدة مسبقاً، وغيرها من النتائج والتوصيات التي سيتم ذكرها في هذه الدراسة.During the preliminary stage، the legislator establishes a process that debtors can follow to avoid insolvency before it occurs، which involves reorganisation according to a pre-prepared plan. Accordingly، if the debtor is almost insolvent during a specific period، the legislator allows them to submit a plan proposal، in which they demonstrate a mechanism for reorganising their business and thus surpass insolvency. The plan must be accepted by a certain number of creditors or a specified percentage of them and approved by the court.
The pre-prepared reorganisation plan، whose provisions are regulated by the legislator during the preliminary stage، is considered a mechanism used by a debtor to rescue his economic activity from insolvency، where he gains more benefits and maintain his income resource، the employees maintain their jobs and income resource، and the creditors ensure returning the highest ratio of their debts and the national income also gains high benefits from that.
In this study، the researcher demonstrates the reality of the pre-prepared reorganisation plan and its relationship with the preliminary stage and the usual reorganisation plan، as well as the role of each party in this plan، based on three requirements. The first requirement addressed the position of the pre-prepared reorganisation plan in relation to the preliminary stage. The second requirement addressed the overlap between the pre-prepared reorganisation plan and the usual reorganisation. In contrast، the third requirement addressed the situations in which the pre-prepared reorganisation plan is applied. The study concludes with several key findings، including the importance of insolvency law in protecting the rights and interests of debtors that have been overlooked by the cancelled insolvency provisions، as well as in preserving the rights of creditors and the national economy. The study recommends paying more attention to qualifying the insolvency agent due to his prominent role in the pre-prepared reorganisation plan. The study also presents additional results and recommendations، which will be discussed in this section
The critical edition and evaluation of Sharh Masabeh al-Sunnah by İbn Malak Rumi (From the beginning to the chapter of marriage)
No full textDoktora Tezi. YÖK Tez Merkezi No: 449764Bu doktora çalışmasında, İbn Melek er-Rumî olarak bilinen Muhammed b. Abdullatif'in Şerhu Mesâbihi's-Sünne isimli şerhi, kitabın başından nikah bölümüne kadar doktora öğrencisi Raed Alaween tarafından tahkik edilmiş ve değerlendirilmiştir. Konunun seçilme sebebi: Alanında son derece kıymetli bir eser olan Şerhu Mesâbihi's-Sünne'nin önemli bir şerhi olması, mevcut yazmaların modern neşir ilkelerine uygun olarak yayınlanarak ilmi çevrelerin ve müslüman dünyasının faydasına sunulmak istenmesi. Tezin içeriği: Tez, giriş, üç bölüm ve sonuçtan oluşmaktadır. Giriş bölümünde konunun önemi ve seçilme sebebi açıklanmıştır. Birinci bölümde müellif Bağavi ve şarih İbn Melek'in hayatı hakkında bilgi verilmiştir. Öncelikle Bağavi'nin hayatı, ismi, nesebi, doğum yeri, hocaları, öğrencileri, yazdığı eserler ve vefatı anlatılmıştır. Şarih İbn Melek hakkında da ayrıntılı bilgi verilmiş, ismi, nesebi, hocaları, yaşadığı dönemin siyasi, ilmi ve sosyal durumu ortaya konmuş, yazdığı eserler, öğrencileri, alimlerin kendisi hakkındaki övgüleri ve vefatı anlatılmıştır. İkinci bölüm, Mesâbihu's-sünne'ye ayrılmıştır. Bu eserin önemi, başta İbn Melek'in şerhi olmak üzere bu esere yapılan şerhler, eserin isminin tespiti, şerhin İbn Melek'e aidiyetinin kontrolü, şarihin şerhinde takip ettiği yöntem ve kullandığı kaynaklar bu bölümde ele alınmıştır. Üçüncü bölüm, eserin tahkikli metni hakkındadır. Burada mevcut yazma nüshalar tanıtılmış ve tahkikli metin eserin başından nikah bölümüne kadar verilmiştir. Sonuç kısmında, çalışmamızdan ortaya çıkan neticeler, bazı tavsiye ve tekliflere yer verilmiştir.In this dissertation I have critically edited the first part of the book Sharh Masabih al-Sunnah by Muhammad ibn Abd al-Latef, known as Ibn al-Malak ar-Rumi (d. 854 AH), from the beginning to the end of the book of Marriage (kitab al-Nikah). Critical edition and study by the Ph.D. candidate Raed Alaween, at the Faculty of Theology, University of Selcuk. Motive for the choice of the subject: The importance of research lies in that it addresses the explanation (sharh) of the book Masabih al-Sunnah which has many benefits, as well as to contribute to the revival of Islamic heritage and the output of this book based on the earliest manuscripts available and for the benefit of scholars and all Muslims. Content of the dissertation: The dissertation consists of an introduction, three chapters and a conclusion. The Introduction has demonstrated the importance of the subject and the reasons for his choice. Section one talked about the author al-Baghawi and the author of the commentary Ibn Malak. First Baghawi?s biography, his name and lineage, his birth, mentors, his disciples, his books and his death. We have given detailed information about the biography of Ibn Malak, his name, lineage, and mentors. We have also given information about the era of the author including the political, scientific and social situation in that era. We also mentioned his books, his students, scholars words in praise of him and finally his death. The second part is about the book Masabih, its importance and commentaries, especially the commentary by Ibn Malak, the verification of the title of the book, the attribution of the book to Ibn Malak, and the sources of the author in his book, and the methodology of the author. Section three is about the critical edition of this book, a description of the available manuscripts, the text of the critical edition of the book from its beginning to the end of the Book of Marriage (kitab al-Nikah). The conclusion contains the most important results of our research, some recommendations and suggestions for further research
Book review in “Knowledge Integration and its Impact on University Education and its Civilizational Necessity” by Dr. Raed Okasha
No full textThe book “knowledge Integration: Its impact on university education and its civilizational necessity” by academic researcher Dr. Raed Okasha, is of great cognitive and methodological value, because it not only addresses one of the issues of knowledge, namely the integration of sciences and the issue of segmentation of knowledge, but also proposes a renewing project for the Muslim mind in dealing with knowledge issues, and this project is summarized in “formulating a scientific vision to deal with the concept of knowledge integration and its issues by a collective integrative effort.” Therefore, the question arises: What is the concept of knowledge integration? What are its foundations, premises, and dimensions? How can it be realized in the reality of university training today? To answer these questions, this study addresses the issues raised by the author to understand the author’s vision of the term knowledge integration and all the concepts associated with it, especially its impact on the quality and effectiveness of university education
Book review in “Knowledge Integration and its Impact on University Education and its Civilizational Necessity” by Dr. Raed Okasha
No full textThe book “knowledge Integration: Its impact on university education and its civilizational necessity” by
academic researcher Dr. Raed Okasha, is of great cognitive and methodological value, because it not only
addresses one of the issues of knowledge, namely the integration of sciences and the issue of segmentation of
knowledge, but also proposes a renewing project for the Muslim mind in dealing with knowledge issues, and this
project is summarized in “formulating a scientific vision to deal with the concept of knowledge integration and
its issues by a collective integrative effort.” Therefore, the question arises: What is the concept of knowledge
integration? What are its foundations, premises, and dimensions? How can it be realized in the reality of
university training today? To answer these questions, this study addresses the issues raised by the author to
understand the author’s vision of the term knowledge integration and all the concepts associated with it,
especially its impact on the quality and effectiveness of university education
Rent - seeking trade policy : a time series approach
No full textUsing a time-series approach, the author analyzes the relationship between the extent of rent-seeking trade policy and both political and economic variables. For rent-seeking trade policy, the indicator he uses is the number of foreign-trade regulations passed each year for the benefit of a single firm or industry. The author uses data from Uruguay for 1925-83. Uruguay, which experienced an impressive economic decline, is an outstanding example of a rent-seeking society. After being a wealthy economy in midcentury, it suffered almost complete stagnation, which led to social and policital disintegration by the end of the 1960s. Three decades of restrictive regulations on foreign trade had created a nearly closed economy by the end of the 1960s. It was worth analyzing whether policymakers'great receptiveness to demands for protection could account for Uruguay's decline. Over the period 1925-83, the author finds almost 4,000 laws, decrees, and administrative resolutions that create, maintain, or modify a foreign-trade regulation for the benefit of a single firm or industry. About half of them explicitly identify the petitioner - usually a firm or guild. Since the size of the Uruguayan economy changed over the period studied, the author scales the annual number of regulations by output or exports to measure the extent of rent-seeking trade policy. The author shows that the extent of rent-seeking trade policy increased with discretionary policies and under dictatorship. (In the period studied, there were two stages of democracy - until 1932 and from 1943-72 - and two stages of dictatorship.) He also shows that rent-seeking trade restrictions increased under import-substitution strategies and, more unexpectedly, under active export promotion. This suggests that discretionary power leads to wasteful distribution, whether it is used to support inward- or outward-oriented policies. Finally, the author analyzes the correlation between innovations in the trade policy indicator and innovations in the growth rates of output and exports, with a lag of up to 20 years. Surprisingly, he finds a positive correlation with output growth rates after two or three years. But the correlation becomes negative some years later, particularly in the case of exports. The short-run positive impact on growth rates, together with the surprisingly long time lag before the negative impact, may account for policymakers'receptiveness to demands for protection.Trade Policy,Achieving Shared Growth,TF054105-DONOR FUNDED OPERATION ADMINISTRATION FEE INCOME AND EXPENSE ACCOUNT,Economic Theory&Research,Environmental Economics&Policies
What can be expected from African regional trade arrangements? some empirical evidence
No full textFor over three decades, Sub-Saharan African countries have had an interest in regional integration initiatives to accelerate their industrialization and growth. With the help of a more comprehensive database on intra-African trade than was previously available, the author examines a proposal to exchange trade preferences among Sub-Saharan African countries. The data suggest that problems with African regional trade arrangements are more daunting than is generally recognized. Africa's non-oil exports are concentrated in a few products, none of them important regional imports. There is relatively little intra-African trade and the noncomplementary problem in African trade cannot be resolved quickly. Moreover, intra-African trade is highly concentrated, geographically, with almost no trade between East and West Africa. This finding makes less compelling the arguments that regional trade can help overcome problems of small domestic markets. The range of processed products African countries export competitively is extremely narrow and many have a comparative advantage in the same items. Excluding refined petroleum, one or more African countries have a comparative advantage in products that account for about 5 percent of regional imports. In short, regional trade agreements seem to present African with a"lose-lose"situation. If Africa does not develop export capacity in key machinery and transport equipment, the region will continue to depend heavily on third countries for those exports. Dependence on non-African suppliers would seemingly reduce the likelihood of regional arrangements succeeding. However, machinery and transport equipment are normally manufactured using capital-intensive production techniques and Africa has no comparative advantage in those goods. If Africa tries to develop an export capacity in this sector, the goods will be relatively high in cost and probably less reliable than similar products from"efficient"suppliers. Attempts to use such equipment would undercut the competitive position of Sub-Saharan African exporters in global markets. Trade reform on a most-favored-nation basis is a more promising option. Evidence shows a strong positive association between lower trade barriers and economic growth.Common Carriers Industry,Environmental Economics&Policies,Trade Policy,Transport and Trade Logistics,Economic Theory&Research,TF054105-DONOR FUNDED OPERATION ADMINISTRATION FEE INCOME AND EXPENSE ACCOUNT,Economic Theory&Research,Environmental Economics&Policies,Trade Policy,Trade and Regional Integration
Utilization of health information technology systems in quality improvement methodologies at healthcare organizations in the United States: a retrospective study
No full textQuality improvement in healthcare has been one of the key challenges in the United States for decades now. To overcome those challenge, healthcare organizations have employed many of the common Quality Improvement Methodologies (QIMs). Those methodologies and others have been some of the most effective tools for quality improvement in many other industries, including manufacturing and supply chain. However, it is unclear as to how QIMs are utilized in healthcare settings and if the QIM implementations can benefit from the commonly implemented Health Information Technologies (HITs). This study evaluates the hypothesis of whether or not QIMs are implemented using HIT systems in hospitals and practices in the United States. This involves evaluating the types of implemented QIMs as well as investigating the outcomes of the employed methodologies in terms of efficiency, throughput and financial impact. Moreover, the study forms an understanding on how the different HITs that exist in many healthcare settings are used as part of QIMs. The study also assesses the obstacles that prevent hospitals and practices from utilizing HITs in QIMs. To conduct the study, two datasets have been obtained, which are the Dorenfest Institute dataset and the Healthcare Information and Management Systems Society (HIMSS) Analytics data source. In addition, a survey has been conducted to collect data about how healthcare settings in the United States have been utilizing QIMs in the last ten years. Finally, the allocated and collected data have been analyzed and the results have been presented and discussed.Ph.D.Includes bibliographical referencesby Raed H. AlHazm
The effects of fiscal consolidation in the OECD
No full textDespite the current recession in many parts of the OECD, fiscal consolidation is likely in many OECD economies in the 1990s. The author asks: is fiscal consolidation in the OECD in a period of low growth a recipe for global stagnation? In particular, what effects are likely in developing countries? The author starts with an overview of cuts in the U.S. fiscal deficit proposed by the Clinton administration and the extent to which European governments must cut fiscal deficits between now and 1997 to satisfy deficit targets in the Maastricht Treaty. How changes in fiscal policy are transmitted within an economy and between that economy and the rest of the world depends on whether those changes lead to permanent or temporary changes in government saving; whether they are implemented through government spending or taxes; and whether the taxes fall on households or firms. The main channels of transmission are through changes in: agents'expectations about future taxes, interest rates, exchange rates, and economic activity. The author uses the MSG2 multicountry models to quantify the ramifications of those changes. He concludes, among other things, that fiscal contraction in the OECD will probably lead to slower growth over the next several years. But the current and likely paths of fiscal policy are such that deficit reduction programs may have stimulating effect in the short run, as long as future fiscal contraction is credible. And fiscal deficit reduction will probably increase long-run output in the OECD through its effects on savings and investment. Finally, growth in the developing countries (at least total growth) may not be impaired at all by fiscal consolidationin the OECD. The negative effects of fiscal contraction will occur through lower net exports of non-OECD economies. For developing countries with open capital markets, the initial reduction in demand through lower exports can be offset by the reduction in interest rates following an inflow of capital from the countries with contracting fiscal policy. A significant decline in real global interest rates is likely to increase growth in developing countries that are debt-constrained, either directly (through private capital inflows) or indirectly (by relaxing the balance of payments constraint, allowing more resources to be channeled to domestic investment needs).Economic Theory&Research,Economic Stabilization,Environmental Economics&Policies,Banks&Banking Reform,Macroeconomic Management
More favorable and differential treatment of developing countries : toward a new approach in the World Trade Organization
No full textThe authors discuss options that could be considered in the World Trade Organization (WTO) to provide more favorable treatment-so-called special and differential treatment (SDT)-to small and low-income countries. They argue that there is a need both for differentiation across WTO members and for steps that would benefit all developing countries. The authors suggest the following to make the Doha Round more supportive of development: 1) A binding commitment by industrial countries to abolish export subsidies and nontariff barriers (tariff quotas) and to reduce most-favored-nation tariffs on labor-intensive products of export interest to developing countries to no more than 5 percent in 2010, and to no more than 10 percent for agricultural products. All tariffs on manufactures should go to zero by 2015, the target date for the achievement of the Millennium Development Goals. Liberalization should also be undertaken by developing countries on the basis of a formula approach. 2) A binding commitment by industrial countries on services to expand temporary access for service providers by a specific amount-for example, equal to an additional 1 percent of the workforce-and not to restrict cross-border trade (for example, by telecom channels). 3) Unilateral action by all industrial countries to extend preferential market access for less developed countries, and to simplify eligibility criteria, especially rules of origin. 4) Affirmation by the WTO that core disciplines relating to the use of trade policy apply equally to all WTO members. 5) Acceptance of the principle that for small and low-income countries"one size does not fit all"when it comes to domestic regulation and to WTO agreements requiring substantial investment of resources. 6) Recognition that some WTO agreements need to be adapted to make them moresupportive of development, and a consequent willingness by industrial countries to modify them. 7) Expansion of development assistance to bolster trade capacity in poor countries and strengthening of the links between trade-related technical assistance and the mechanisms through which aid priorities are determined in developing countries. In practice, calls for specific types of SDT often appear to be motivated by a perception that a certain WTO rule is"anti-development"and that therefore developing countries should be exempted from the rule in question. The authors suggest that the appropriate solution to such problems is to change the rules rather than seek an opt-out. What should be up front changes in rules and what should be part of the negotiating agenda is a major issue which needs to be addressed at the Cancun Ministerial meeting. The suggestion that SDT should focus primarily on WTO rules and be limited to those countries that need it most-very small and poor economies-implies that criteria should be adopted to differentiate between countries. Leaving this to self-declaration-the current approach-is not feasible, while reliance on case-by-case, agreement-specific negotiation can generate excessive costs, discretion, and associated uncertainty. While the authors'preference is for a simple rule-of-thumb approach to determine eligibility, this is an issue that requires much more thought and discussion. They suggest that WTO members establish a high-level group to consider criteria that could be used for differentiation purposes and to determine the set of agreements to which differentiation will apply.Economic Theory&Research,Rules of Origin,Environmental Economics&Policies,Payment Systems&Infrastructure,Decentralization,TF054105-DONOR FUNDED OPERATION ADMINISTRATION FEE INCOME AND EXPENSE ACCOUNT,Economic Theory&Research,Environmental Economics&Policies,Poverty Assessment,World Trade Organization
The impact of asthma and associated factors on health-related quality of life in adult patients of asthma in the United States
No full textBackground: Asthma is one of the most common chronic diseases that affect the airways in the lungs causing inflammation due to reacting to any infection or trigger that stimulate the asthma attack. Such a disease might be able to affect the health-related quality of life (HRQoL) including: activity limitations, physical health, and mental health of these adult patients in certain ways. Objectives: Since there is no clear research or study that gave an integrated comprehensive view of the impact of asthma along with different associated factors including: behavioral factors (smoking, frequency of smoking and quitting, exercise, health-routine checkup, and alcohol use), clinical factors (obesity, depressive disorder, diabetes, influenza and pneumonia vaccines), and socioeconomic factors (stress, healthcare coverage, income and education level) on HRQoL in adult patients in the United States, the overall goal of this research is designed to investigate this impact. Methodology: Data of this research is obtained from Behavioral Risk Factor Surveillance System (BRFSS) 2014. Different statistical procedures and methods including: extracting data, descriptive analysis, inferential analysis, and predictive analysis would be preformed by using Statistical Analysis System Software (SAS) 9.4. Results: adult patients of asthma have activity limitations by 64.90%, physical health problems by 163.40%, and mental health problems by 163.53% more than adult healthy people. Smoking limits activity by 116.18% as well as increases physical and mental health problems by 19.12% and 40.41%. Also, other behavioral factors play great roles in HRQoL in adult patients of asthma. Obesity limits activity by 73.57% as well as increases physical and mental health problems by 41.50% and 17.20%. Also, other clinical factors play great roles in HRQoL in adult patients of asthma. Stress limits activity by 188.52% as well as increases physical and mental health problems by 90.17% and 157.20%. Also, other clinical factors play great roles in HRQoL in adult patients of asthma. Conclusion: Even if there are few associated factors that improve HRQoL in adult patients of asthma, the majority of these factors worsen HRQoL. Finally, it can be confirmed that these associated factors along with asthma can lead to poorer HRQoL in adult patients of asthma in the United States.Ph.D.Includes bibliographical referencesby Raed Abdullah Alharb
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