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The Transposition of the European Directive 85/374/EEC on Product Liability into Palestine and Jordan: Is it Adaptable to Islamic Law?

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The aim of this paper is to recommend the transposition of the European Directive 1985/374/EEC on product liability into the Palestinian and Jordanian legal systems. The application of this Directive concurs with many general objectives and consumer rights declared in both of the latter regimes; neither of these two legal systems provide for how those objectives and rights would be accomplished, so there are executive tools putting into practice the declared objectives. This is to say that neither jurisdiction makes any sense with regard to the subject of product liability. The transposition of the European measures into both regimes must take into consideration the general principles of civil law applicable in local legal systems in order to avoid legislative disharmony between imported and local rules. Islamic law represents the basis of civil codes applicable in both regimes; the Othman Justice Rules Record (El-Majalla), which dates back to 1876 and was the first attempt to codify Islamic rules of treatment is still applicable. To recommend the implementation of the European measures in the Palestinian and Jordanian legal systems, it is important to identify the supporting and contradicting points in Islamic jurisprudence. The main question of this paper is, how and to what extent is European Directive 1958/374/EEC applicable in Palestine and Jordan.

Affiliations: 1: Assistant Professor, Faculty of Law and Public Administration Birzeit University, Ramallah Palestine Postdoctoral Fellow, Centre for Economic Law & Governance University of Brussels (VUB), Brussels, Belgium Mfayyad2004@gmail.com; Mfayyad@birzeit.edu

10.1163/2211906X-00102003
/content/journals/10.1163/2211906x-00102003
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/content/journals/10.1163/2211906x-00102003
2012-01-01
2016-12-11

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