3 research outputs found

    Classification of software contract

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    The Consumer\u27s Right of Withdrawal in Doorstep Selling and Distance Contracts

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    This study deals with the right of withdrawal, which is one of the legal means to protect consumers in contracts. Due to the rapid developments of marketing techniques used by traders to promote the sales of their products, it has become important for legislators to intervene to protect consumers. Due to such marketing techniques, consumers may not have time to make sure they need the offered products in doorstep selling contracts. The same situation may apply in distance selling contracts where consumers usually do not have the chance to actually see the offered products and may find out late they do not satisfy their needs or are contrary to their expectations at the time of making the contract. As the consumer\u27s right of withdrawal has not been adopted yet under the Jordanian Law, this study examines the sufficiency of the general rules to protect the consumers in such kinds of contract and whether or not there is a need to adopt the consumer\u27s right of withdrawal under the Jordanian Law. To attain this aim, this study explains the significance, justifications, scope, and application of the right of withdrawal. It also distinguishes between this right and other similar rights provided for under the Jordanian Law. It also examines the means of avoiding consumer\u27s abuse of the right of withdrawal. At the end, the study recommends the adoption of the consumer\u27s right of withdrawal under the Jordanian Law

    The Abuse of the Author\u27s Moral Rights* by the Heirs

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    This study examines the applicability of the abuse of right doctrine in the field of the author\u27s moral right. This right is distinguished by its special nature as it reflects and is attached to the author\u27s personality. This makes it difficult for any person except the author to determine the actual benefits and advantages of such a right. However, when this moral right moves to the heirs, it can be a subject of conflict of interests that requires the reasonable use of this right by the heirs. The subject of this study is dealt with under both the Jordanian and French laws. It is divided into two parts: firstly, the theoretical ground for the applicability of the abuse of right doctrine in the field of the author\u27s moral rights and, secondly, the applicability of the doctrine in certain cases. The study concludes that the general rule of abuse of right may not be helpful in the area of moral rights and, therefore, it is submitted that there is a need for a swift legislative modification of the Jordanian copyright law so as to prevent the abuse of the author\u27s moral rights by the heirs
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