http://dspace.iua.edu.sd/handle/123456789/7 2026-04-10T22:29:49Z http://dspace.iua.edu.sd/handle/123456789/5422 Title: الاستحالة وأثرها القانوني في تنفيذ العقود الهندسية Authors: ام شدة بنية عبدالرزاق Abstract: The research about the discussion of impossibility and its legal impact on the implementation of engineering contracts, as signing engineering contracts is one of the most common contracts at the present time, in proportion to what the world needs today in achieving the time, effort and money the maximum benefit possible in the highest quality and approximating distances, and this is what we find clear Achieving urban and technological development and growth of what the world has reached, and one of the most important recommendations in the engineering contract for the parties to it before signing it is to identify the legal effects resulting from the engineering contract in all respects, either by stipulating it in the terms of the contract or the law to be applied in the contract in question. So that each party is not surprised when the impossibility produces its legal effects on the parties to the engineering contract, and they also have to know the cases that lead to the impossibility of implementing the engineering contract well and the difference between them until determining the time of the accident, whether that is before the signing of the contractual commitment or after or during it Universities and legal offices should provide engineering contract books due to the scarcity of books and references therein, as well as teaching this subject in administrative and engineering colleges and from The findings of the researcher that the impossibility to implement engineering contracts are types and those recognized by the FIDICs, which are absolute, relative, partial, as well as temporary, and whoever provokes them are endowment by suspending the work and then resuming it again, in the event that the impossibility is only a temporary impossibility. Some of them are final by terminating the work in the engineering contract while exempting the debtor from contractual liability. It also has the implications for the owner to return to the contractor the performance guarantee and pay his dues and profits and compensate him for the losses he incurred or profit while he was trying to implement the contract subject to the obligation as well as the cost of deporting the contractor’s employees and workers who were He has used them to carry out the works sporadically when the contract is terminated, and he must also that the engineering contracts issued by the FIDIC are model contracts that have no absolute legitimacy unless the will of the parties so decides. 2020-01-01T00:00:00Z http://dspace.iua.edu.sd/handle/123456789/5405 Title: منهــج المشرّع السودانــي في إثبــات جريمة القتل العمد (دراسة مقارنة) Authors: إبراهيم عمر محمد أبوبكر Abstract: The research came up with titled (The method of the Sudanese legislator in providing evidence of the homicide crime) because of the important of the subject and the dangerously of this crime, and to and to tighten the siege on criminals or those who beg themselves to commit such a crime. The researcher also dealt with the pillars of intentional homicide in Islamic jurisprudence and the Sudanese law, the method that followed by the Sudanese legislator (intermediate method) The important results achieved by the research: • Human rights have innumerable rights in order to provide protection and care for them in various affairs of his life. These rights divided into two types: Material rights, including the right to life and integrity of the human body, and other moral rights embodied in the right to honor and consideration and the preservation of his offer and the inviolability of his private life. • The Islamic Sharia is set for the interests of the servants, so every issue that came out from justice to injustice is not from Islamic, so murder is unjust, and justice is not achieved in killing except by reaching the perpetrator by all legitimate method of proof. The researcher Recommended: • The necessity of the work of the competent authorities of education, guidance and the media to raise the reality of religious and moral uncertainty among the members of society so as to generate self-censorship and therefore every person held accountable before his conscience. • The science of forensic investigation and criminal research for all law shall teach to all students in Sudanese universities. 2020-01-01T00:00:00Z http://dspace.iua.edu.sd/handle/123456789/5377 Title: آليات تسوية منازعات العقود الهندسية :دراسة مقارنة Authors: صديقة الصادق الأمين صبير Abstract: This research discusses building and construction contracts (engineering contracts); the conflict causes in engineering contracts and alternate dispute resolution methods which is a modern and relevant topic that requires scientific research to establish its rules. This research aims to identify the role of the dispute resolution board, the consulting engineer, and arbitration, as a method, in resolving disputes arising from engineering contracts, as well as studying the provisions and rules of the engineering contracts In Islamic jurisprudence, Sudanese law and FIDIC contract. The research aims to identify the obligations of the parties to the dispute, as well as disputes arising between the engineering consultant and contractor, and the contractor and employer.The research problem was represented in the lack of a unified organization of FIDIC contracts in the Arab countries to manage recent requirements and developments in the construction sector. Althoughthe general rules in civil law have become incapable of facing these developments. The researcher followed the analytical approach,inductive, deductive and analytical approache, as well as comparative approaches. The researcher reached several results, the most important of which is that disputes and claims between the parties to the contract have many causes due to one of the contracting parties breached their obligations towards the other, or the presence of ambiguity in the terms of the contract or its possible formulation, and that arbitration in engineering disputes has many advantages that make it an alternative means for settling disputes. One of the most important of them is that the arbitrator has legal knowledge and technical expertise is appointedas an assisatant to the arbitrators to provide the effor and time, and the court facility to mitigate it. In addition there to that, there are arbitration obstacles in engineering disputes that limit resorting to it as a means to settle disputes; primarily lack of specialized and qualified arbitration centers to arbitrate commercial disputes in general and engineering disputes in particular. Based on the results, the research recommends the need to work on adopting FIDIC contracts in most of the projects carried out by public institutions in the country or of which the state is one of its parties, in addition to encouraging the parties to adopt the idea of FIDIC contracts, and referring the deficiency contained in the FIDIC texts regarding In the Dispute Resolution Council, as well as establishing a council to settle disputes arising from FIDIC contracts, as it is considered the best alternate dipute resolution methods. 2021-01-01T00:00:00Z http://dspace.iua.edu.sd/handle/123456789/5367 Title: المسؤولية المدنية للناقل البحري عن فقدان وتلف البضائع: دراسة مقارنة Authors: محمـد عبدالغفار حسن مصطفى Abstract: This research came under the title (Civil Liability of the Maritime Carrier for Loss and Damage of Goods). For the purpose of completing this research, I divided it into four chapters, in which I devoted the first chapter to the basics of the research, the second chapter to the concept of the contract for the maritime transport of goods and its historical development in Islamic jurisprudence and law, and the third chapter on the civil liability of the shipping carrier of goods, its basis and scope in Islamic jurisprudence and law, and the fourth and final chapter on liability lawsuit On loss and damage of goods in Islamic jurisprudence and law. Then she concluded this research with the most important results, including: • Negative liability is based on the element of error that is based on eligibility. As for the Sudanese Civil Transactions Law of 1984 CE, it has taken a harmful action that does not depend on eligibility, but depends on the act and the result of the act and the relationship of causation. What fell still. • The basis on which international agreements were based to determine the responsibility of the shipping carrier for the goods in which it relied on the tort liability approach, i.e. the presumed error, if the result was not achieved, which is the delivery of the goods in their condition at the port of duty, the tort liability is based. Among them, that is, the damage when it occurs is removed. Among the most important recommendations are the following: • Paying attention to maritime law by learning it and spreading its culture and establishing specialized colleges in the study of maritime law and technology due to their importance and adopting the maritime law course as one of the basic subjects in law schools in Sudan • The necessity to sign and ratify the international agreements mentioned in the body of the research and organizing the process of maritime transport of goods until the judiciary and arbitration rulings are settled in adjudicating such cases. I think that it is my contribution to human thought in the manner recommended in the research. Then I accompanied the research with indexes of the Qur’anic verses, noble prophetic hadiths, the index of media, and a list of sources and references. ,,, I ask God for success and payment ,,, 2020-01-01T00:00:00Z