Commercial Law

In her thesis, researcher mentioned the Factoring Contract legal regulations and possibility to apply it in Palestine, future applying and procurement obstacles. She referred to the theory of right transfer as an updated legal framework applied to the factoring contract as well as the judicial decisions that dealt with rights transfer that harmonize with the Ottawa Convention of 1981, taken by right transfer. Also she relied to Article 13 of Decree Law No. 9 of 2010 on the Palestinian track to strengthening her theory and make this contract valid and applicable in Palestine.

“The international commercial contract surrounding circumstances affect parties’ obligations. One of them may become burdened with difficulties that would not have been taken into account at the contraction time, if such circumstances hadn’t occurred. And if the national contract was subject to such conditions its financial and economic viability and impact on countries’ economies makes these changing circumstances impact bigger and requires different solutition”.

The researcher addressed the arbitrator civil liability and mistakes made in performing the mission of dispute arbitration towards arbitration government parties and others, in a comparative study between Palestinian arbitration law, Jordan, Egypt and UAE, along with some foreign countries laws.