Master of Contract & Real Estate laws
Course description
Comparative Legal Research Methods
This course is dedicated to scientific legal research. It focuses on the methods of legal research and directions to attain knowledge. It deals with the common approaches in conducting legal research. It guides students on how to define the research problem, questions and structuring. It then moves to the techniques of data collection and analysis as well as forms of citation and referencing and connecting results to research hypothesis. Other themes include legal drafting, report writing and the use of databases and libraries.
Advance Studies in Civil Law
This course deals with the common sources of civil obligations and directions for civil law enforcement. It selects a number of modern contracts and their legal character and the means to address practical issues arising therefrom.
The thesis consists of two stages. Thesis 1: each student works on a proposal for his/her research under the supervision of a professor, who provides guidance and feedback. The student passes if s/he manages to defend his/her proposal. Thesis 2: students shall work on the completion of his/her research project under the supervisor of a faculty member. Each student shall collect and analyze data, conduct a new research, prepare a dissertation and defend it
Alternative Dispute Resolutions in Contracts and Real Property
This course explores alternative and modern means of dispute settlement arising from contractual relations and real estate away from the classical judiciary. It discusses the role of alternative dispute resolution in accelerating justice and the legal implications that result therefrom, particularly as these means have proven to be effective in resolving disputes in various legal fields. The course focuses, specifically, on commercial arbitration as well as mediation at the domestic and international levels. It touches upon the notion of electronic judiciary, which has become an inevitable necessity in light of the technological evolution, especially with the trend of adopting electronic governance worldwide
Advance Studies in Consumer Protection Law
This course deals with the consumer protection and consumer rights at the global and domestic stages. It explores the United Nations standards for consumer protection, Palestinian consumer protection law and its bylaws. The course also tackles the preventive, retributive and supervisory tools of consumer protection. It gives a particular attention to consumer protection official supervisory bodies as well as consumer protection associations. The course finally considers the balance that should be struck between consumers and producers in traditional and electronic settings and relevant penalties.
Real Property Security
This course explores the legal protection for immovable property in Palestine in the context of the conflict between the Palestinian people and the occupier over land and the social, legal and economic dimensions of land registration. It focuses on the settlement of disputes pertinent to land and real estate. The course deals with the substantive and procedural rules relating to buildings and the organization of local authorities, including instructions pertinent to the property registration and relevant dispute resolution. Finally, the course looks at the ways by which national courts apply these rules and the required reform
Advance Studies in Labor Law and Social Security
This course offers an in-depth analysis of Palestinian labor law in a comparative perspective. It deals with social security in comparative law and the attempts to adopt such a law in Palestine. The course discusses labor concepts, historical evolution, sources, employment contract, its validity and effects, and rights and obligations of both employers and workers as well as contract termination. The course considers collective labor bargaining, labor unions and settlement of labor disputes. As to social security, the course tackles underlying principles, social security systems, scope of application of social security, social insurance against work injury, occupational diseases, old age, disability and death
Advance Studies in Insurance Contracts
This course deals with concepts relating to the insurance contract and its technical foundations. It tracks the origin and evolution of insurance, its types and special characteristics as well as its legitimacy from jurisprudential perspectives. The course touches upon the technical aspects of insurance, its foundations and guarantees. It also addresses the formation of the insurance contracts from a technical and legal perspective, its characteristics, its elements, the risk as a nature underlying insurance contract. The course examines the cost of insurance and payable installments. It looks at the obligations of both the insured and insurer and the contract termination. The course flags rules related to selected types of insurance, such as life, damage and automobile
Comparative Studies in Family Law
This course introduces personal status law, its topics, principles and history. It deals with the marriage contract, engagement, eligibility and marriage authorization. It tackles marriage registration, competence, persons prohibited to marry each other, marriage types, effects of marriage: housing, dowry and alimony. The course also discusses the dissolution of marriage through divorce, multiple divorces, delegation in divorce, divorce of a drunkard, the divorce of a coerced person, or a lunatic, definitive or pending divorce, oaths of divorce, revocable and irrevocable divorce, explicit and implicit divorce, the annulment of divorce and its registration. The course touches upon other types of spouse separation: through defect, mental disease, absence, harm, inability to pay dowry, inability to provide, imprisonment, disappearance, dispute and discord, waiting period, lineage, breastfeeding, custody and maintenance
Procedural Rights for Litigants
This course examines the procedural rights of litigants in various fields of litigation: civil, commercial, Sharia and litigation before special courts. The course deals with the lawsuit, its formation, application, process, judicial decisions, judicial challenge at various stages and enforcement of judgements
Legislative Developments in Palestine
This course traces the features of law applicable in Palestine as a unique system that merges a number of features influenced by the Civil Law system, Common Law system and Islamic Law. The course reviews the impact of the multiple eras that Palestine has undergone, starting with the Ottoman Empire and the British Mandate, through Egyptian administration in the Gaza Strip, Jordanian rule in the West Bank and the Israeli occupation in both regions. It concludes by the current law applicable during the Palestinian National Authority era as a means to anticipate the legal system that may shape the future of Palestine
Laws of Investment Encouragement in Palestine
This course considers in depth the fundamental rules relating to investment under the applicable law. It addresses types of investment, especially with regard to the monopoly concession contract. The course reviews the structure of the General Authority for Investment, concept of investment incentives and methods. It also looks at the court jurisdiction in applying investment rules in commercial disputes involving Palestinian investment companies
Legal Clinics (Experimental Legal Learning)
This course offers an opportunity for students to practice cases related to the MA program, under the supervision of a specialized faculty member. They may provide pro-bono legal advice to those in need in the local community. The course enables students to deal with actual issues so that they may be able to practice as lawyers, judges or legal advisors upon graduation.
Advance Studies in Private International Law
This course introduces the general principles of private international law: its concepts, sources, nature, conflict of laws, jurisdiction of foreign courts and the rules of attribution. The course also deals with the issue of citizenship: its philosophy, concepts and types. It analyses the legal foundations underlying the applicable law that involves contracts among people with different citizenships