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D R A F TI N G
A D M I N I STR A TI V E
C O N TR A C TS



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ayman@aymanassibai-legaltrans.com
www.aymanassibai-legaltrans.com

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CHAPTER I


An Introduction to Administrative Law

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# #D#V]MD
BA \vA BqG
The Problem in Legal Term
   










            

 
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            (SOURCE)
Michael Kirby, , transiting Law, British Library, ISBN-13: 978-1-85359 -954-5 

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   (ELABORATION)      
(SIMPLIFICATION

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 osteosclerotic anemia 



 

prison
distress, seize

staying


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The Problem of Terminological Equivalence in Legal Translation




Concession"
A grant to a private firm of the right  
to operate a defined infrastructure
service and to receive revenues
deriving from it. The concessionaire
generally takes possession of the .
relevant public assets (but ownership

usually
remains
with
the
government) and uses them to  
provide the relevant product or
service according to the terms of the
contract.




   


ucja Biel, LEGAL TERMINOLOGY IN TRANSLATION PRACTICE, Department of Translation 


Studies and Intercultural Communication, Institute of English, University of Gdask, Poland:
"Legal translation is a special type of LSP translation involving cross linguistic
communication in the legal context. As stressed by Wilss (1994: 38):

Many aspects of translation, in particular in the field of LSP, transcend cultural


boundaries and are, in some sense, universal. Simplifying somewhat, translation can
be depicted as a domain of socioculturally determined linguistic behavior with both
culture-specific and universal components. In contrast to other types of LSP
translation, such as medicine, science or technology, legal translation tends to involve
more culture-specific than universal components. It is to a large."

http://www.bamburra.com/Code.pdf

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 Enhanced Interrogation Techniques 


   

    







 


  Whistle Blower Act




 
 





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0.1 What is whistle-blowing?
Whistle-blowing is the popular term used
when someone who works in or for an
organization (referred to in this document
as an employee)
raises a concern about a possible fraud,
crime, danger or other serious risk that
could threaten customers, colleagues,
shareholders, the public or
the organizations own reputation.
As an early warning system, whistleblowing can help alert employers to
risks such as:
a danger in the workplace;
fraud in, on or by the organization;
mis-selling or price fixing;
offering, taking or soliciting bribes;
dumping damaging material in the
environment;
misreporting performance data;
medical negligence in a hospital;
supplying food unfit for consumption;
or
wanton neglect of people in care.
0.2 Why organizations encourage
whistle blowing
Every organization faces the risk that
something will go badly wrong and ought
to welcome the opportunity to address it
as early as possible.
Whenever such a situation arises, the first
people to know of the risk will usually be
those who work in or for the organization.
Yet while these are the people best placed
to raise the concern before damage is
done, they often fear they have the most
to lose if they do speak up.
Research for the Institute of Business
Ethics1 has shown that while one in four
employees are aware of misconduct at
work, more than half (52%) of
those stay silent. Organizations that can
overcome this culture of silence by
encouraging openness are likely to benefit
in a number of ways. An organization
where the value of open whistle blowing
is recognized will be better able to:
deter wrongdoing;
pick up potential problems early;

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enable critical information to get to the 
people who need to know

and can address the issue;
demonstrate to stakeholders, regulators

and the courts that they

are accountable and well managed;
reduce the risk of anonymous and 
malicious leaks;

minimize costs and compensation from
accidents, investigations, litigation

and regulatory inspections; and

maintain and enhance its reputation.
The
main
reason
enlightened

organizations implement whistle blowing

arrangements is that they recognize that it
makes good business sense.
   
On the other hand, those few



organizations that deliberately engage in 


wrongdoing to boost profits or that

routinely flout the law will not want to
encourage whistle blowing.

0.3 The key elements of effective

arrangements
In the context of good governance, the 
Committee on Standards in Public Life,

whose work has helped inform and
influence practice on whistle blowing

across and beyond the public sector, has
observed that: The Committee has 
recommended that good whistleblowing

arrangements are ones that:
provide examples distinguishing whistle    -
blowing from grievances;

give employees the option to raise a


whistle blowing concern outside of line 
management;
- 
provide access to an independent

helpline offering confidential advice;
offer employees a right to
-
confidentiality when raising their

concern;
explain when and how a concern may 
safely be raised outside the organization

(e.g. with a regulator); and
provide that it is a disciplinary matter 
(a) to victimize a bona fide
whistleblower, and (b) for someone to 
maliciously make a false allegation.

To be effective, the Committee has stated


that it is important those at the top of the 

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organization show leadership on this issue

and ensure that the message that it is
accepted and acceptable to raise a whistle  
blowing concern is promoted regularly.









     
 
 
     


 




Different legal systems

 
Libel


  




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Different judicial Structures


courts of 
cassation
 


 


Different sources of the legislation


 


61.052 Dissolution of marriage



No judgment of dissolution of marriage shall be granted unless one of the following facts appears,
which shall be pleaded generally:
(a) The marriage is irretrievably broken.
(b) Mental incapacity of one of the parties ()

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# #EUD#V]MD
BA A wBva
Characteristics of Legal Language
 
 




Precision




:MA BA A BJA fA zNM
Tautology
 



Heikki E.S. Comparative Legal Linguistics ,Ashgate Publishing Limited, England. P.66
See PP. 120-130

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Definitions

-



:g BR
"Party": means the Employer or the Contractor. As the context requires.







Information overload 




Foreign terms 
 


According to the chapeau of article 21,
paragraph 1, only a reservation that has
been established in accordance with
the provisions of articles 19, 20 and 23
has the legal effects set out in
subparagraphs (a) and (b) of that
paragraph.


 








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   chapeau 


 

It is the opinion of (.) that the greater 
part of the articles reflects
customary international law.
.
The incorporation of this part into a
convention would add little to the
development of international law. The
remaining part of the articles could be .

.
  de lege ferenda 



regarded as de lege ferenda or a
progressive development of international
law.



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# #VEUD#V]MD
BA af
An Introduction to Law



 


 











Phil Harris, An Introduction to Law, 7th edition, Cambridge University Press. 
"Most of us, if asked to define law, would probably do so in terms of rules: for instance, we understand
criminal law, forbidding certain activities, as a set of rules defining the types of behavior which, if
indulged in, result in some form of official' retaliation through police intervention, the courts, and
some form of criminal sanction such as imprisonment, or a fine. Criminal law and the notion of legal
sanctions will be examined in a later chapter. For the moment, the fundamental notion for us is that of a
rule".

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Public Law



           
    
       -     




           


Constitutional Law

          

          


The Emperor shall be the symbol of


the State and the unity of the people,
deriving his position from the will of
the people with whom resides
sovereign power.

:iNmfA BA xv BR


 


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Criminal Law





Preparations for an offence and an


attempt to commit it shall be deemed
an incomplete offence.

:BA BA xv BR




Administrative Law




:iAeA BA xv BR
-  
All required fees must be paid in 
order to obtain a valid license,
including a renewal license, from the 
department.


Financial Law

  




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:BA BA xv BR
-  
All required fees must be paid in 
order to obtain a valid license,
including a renewal license, from the 
department.

Private Law

          



            


Civil Law

Common Law 



    




Suretyship is valid only if the


obligation to which it applies is valid.

:fA BA xv BR




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Commercial Law

           
        
          
         



The Partnership Agreement company


must be in writing and signed by the
partners. It should include, specially,
the following:
1. Name, object, head office and
branches
(if any).

: iBVNA BA xv BR




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Civil Procedures Law

           
           
         



The judge may require an oath


whenever it is deemed necessary.

PBAjA B xv BR




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Labor Law







  

A B xv BR

The employer or the employer's
representatives must inform the
directorate in writing of vacant or
new jobs and occupations of any type
by stating each one of them, the
salary specified for each and the date
scheduled for its occupation, within
one month from the date they become
vacant or are created.
The employer must, within one
month from the date he employs a
work applicant pursuant to Article
(13) of this Law, send the certificate of
registration of this employee to the
directorate from which the certificate
is issued coupled with a statement
which includes the date on which the
employee will report to work, his
salary, and the type of work
entrusted to him- The certificate of
registration and its date must be
recorded opposite the employee's
name in the establishment's employee
register.








  






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# #LDmD#V]MD
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The Nature of Administrative Law







:BNA iBJA G j
The judgment of the Court of Appeals is Affirmed.


 
 
 


 

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jaE BR
Liabilities dues 
 Liabilities
dues 
 
 


aC BR
Judgment issued onJudgment given on



( given )   
   
  
  

  
  
 (Judgment given on )
 
 ( given ) 
 
 (Judgment issued on )

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:IjA jv i A iAeA B A eBA
Local administration units are the 
provinces, districts, cities, suburbs,
and villages, each of them shall have 
legal personality ().
  
:BiBI i A iAeA B RBRA eBA
The administrative and territorial
  
division of the Republic of Bulgaria
shall be established by law.











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:iAeA iAeA BA BZ A BRNmA PAkBNA A BR


EXPROPRIATION FOR PUBLIC UTILITY 








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.iAeA BA mBmA jA

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# ##i\#V]M
BA A xBbqA
Public Legal Personality
7.gs>c>?>202/b?>Ls
Juristic persons are:
1. The state, the provinces (mudirias),
towns and villages in accordance
with the provisions fixed by law;
administrations, departments and
other public institutions to which the
law has granted the status of juristic
persons.
2. Religious groups and communities
which the state has recognized as
juristic
persons.
3. Wakfs.
4. Commercial and civil corporations.
5. Associations and foundations
created in accordance with the
subsequent
provisions
hereof.
6. Any group of persons or properties
recognized as juristic persons by
virtue of a provision of the law.
Article
53
A juristic person enjoys, within the
limits established by law, all rights,
with the exception of those rights,
which are inherent in the nature of an
individual.
A juristic person has:
a) its own patrimonium;
b) legal capacity, within the limits
fixed by its constitution or established


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by law;
c) the right to sue;
d) its own domicile. This domicile is
the place where its seat of
management is situated.
A corporation whose seat of
management is situated abroad but
operates in Egypt, is deemed, in
accordance with internal law, to have
its seat of management at the place
where its local seat of management is
situated.
A juristic person has a representative
to express its will.


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Assignment
Translate into Arabic:
1.

The Council of Ministers shall oversee State interests, lay


down and follow through the implementation of general
government policy, and supervise the course of business in
the Government apparatus.

2.

The Committee therefore recommends that special efforts be


made to ensure that decentralization is accorded sustained
priority and that international organizations strengthen their
offices in the provinces with a view to assisting local
development efforts.

3.

The law shall regulate public institutions and municipal


departmental bodies so as to ensure their independence
under State direction and supervision. The law shall ensure
the municipal departmental bodies can administer and
oversee the services that have a local character and are
within their area.

4.

The Supreme Court shall consist of a Chief Justice to be


known as the Chief Justice of Pakistan and so many other
Judges as may be determined by Act of
[Majlis-eShoora(Parliament)] or, until so determined, as may be fixed
by the President , and The Chief Justice of Pakistan shall be
appointed by the President, and each of the other Judges
shall be appointed by the President after consultation with
the Chief Justice.

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