In the intricate realm of contractual law, the condition precluding action serves as a critical safeguard, ensuring that specific legitimate interests are protected within contracts and wills. This research examines this condition’s validity when based on a legitimate motive and for a reasonable duration. The study highlights a case involving an owner who violates this condition by engaging in acts such as sale or gift, raising important questions regarding the legal penalties associated with such violations. The primary objective of this research is to provide a comprehensive understanding of the legal consequences of breaching preventive clauses and to analyze how Egyptian, French, and Palestinian laws protect the interests of the stakeholders involved. The methodology adopted in this study is comparative in nature, involving a thorough analysis of the legal texts from Egyptian, French, and Palestinian laws. This involves a review of legal scholars’ opinions and relevant judicial rulings to highlight the differences in penalties and applications associated with preventive clauses. The findings reveal that both Egyptian and French laws advocate for the invalidity of actions carried out in violation of these preventive conditions. However, there is a divergence among scholars regarding the nature of this invalidity, with some arguing for absolute invalidity while others suggest relative invalidity. Conversely, the Palestinian legal framework prescribes specific penalties, indicating a variance in legislative approaches. The research concludes that the current legislative treatment of preventive conditions is insufficient and requires reform to ensure effective legal protection for affected parties. This leads to policy implications emphasizing the need to strengthen legal frameworks and enhance the clarity of legislative intentions in formulating laws related to preventive clauses. By doing so, the study aims to facilitate the achievement of legitimate interests for parties involved and ensure the enforcement of preventive conditions in a manner that upholds contractual integrity.
The major goal of decisions made by a business organization is to enhance business performance. These days, owners, managers and other stakeholders are seeking for opportunities of modelling and automating decisions by analysing the most recent data with the help of artificial intelligence (AI). This study outlines a simple theoretical model framework using internal and external information on current and potential clients and performing calculations followed by immediate updating of contracting probabilities after each sales attempt. This can help increase sales efficiency, revenues, and profits in an easily programmable way and serve as a basis for focusing on the most promising deals customising personal offers of best-selling products for each potential client. The search for new customers is supported by the continuous and systematic collection and analysis of external and internal statistical data, organising them into a unified database, and using a decision support model based on it. As an illustration, the paper presents a fictitious model setup and simulations for an insurance company considering different regions, age groups and genders of clients when analysing probabilities of contracting, average sales and profits per contract. The elements of the model, however, can be generalised or adjusted to any sector. Results show that dynamic targeting strategies based on model calculations and most current information outperform static or non-targeted actions. The process from data to decision-making to improve business performance and the decision itself can be easily algorithmised. The feedback of the results into the model carries the potential for automated self-learning and self-correction. The proposed framework can serve as a basis for a self-sustaining artificial business intelligence system.
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