كتاب نظرية الالتزامات في ضوء قانون الالتزامات والعقود المغربي، المجلد الأول، مصادر الالتزامات، تأليف الفقيه مأمون الكزبري pdf

كتاب نظرية الالتزامات في ضوء قانون الالتزامات والعقود المغربي، المجلد الأول، مصادر الالتزامات، تأليف الفقيه مأمون الكزبري pdf

كتاب نظرية الالتزامات في ضوء قانون


كان عالماً من علماء القانون والتشريع في سورية . ألف العديد من كتب القانون ، وما زالت كتبه هذه مرجعاً ، يعتمده كبار المحامين ، ومدّرسو الحقوق . وكان سياسياً عريقاً ، مستقيما في توجيهه السليم ، وخلقه الرفيع .
تولى عددا من المناصب الوزارية . . وشكّل الوزارة . . ورأس المجلس النيابي ، ولم يسجل عليه أي انحراف أو مأخذ .


درّس الحقوق في معهد الحقوق، وتخرجت على يديه أجيال من المحامين ورجال القانون.
ومارس المحاماة ، وانتخب نقيباً للمحامين .
عمل في المغرب نحو ربع قرن . وكان

أبرز إنجازاته هناك ، تعريب التعليم الجامعي ، بعد أن كان التدريس باللغة الفرنسية .
ورحل مأمون الكزبري مؤخراً إلى جوار ربه ، مأسوفا على علمه الغزير ، وخلقه الرفيع ، واستقامته التي قلّ نظيرها .


لمحة عن حياته


أبصر الطفل مأمون النور بدمشق في شهر كانون الأول من عام 1914.
وهو ابن السيد شفيق الكزبري ، وينتمي إلى أسرة دمشقية عريقة بالعلم ،والدين ، والأخلاق ، والحفاظ على التقاليد العربية والإسلامية . وترجع شهرة علماء هذه الأسرة في الفقه ، وتدريس علوم الدين في الجامع الأموي ، إلى أكثر من قرنين . من علمائها المشهورين الشيخ الإمام عبد الرحمن الكزبري الكبير ، ثم الشيخ الإمام عبد الرحمن الصغير ، والشيخ الإمام محمد الكزبري وغيرهم ، ممن اشتهر بطول الباع في الفقه وعلم إسناد الحديث .

إقرأ أيضا :  مباراة توظيف 130 قائد متدرب الدورة العادية للمعهد الملكي للإدارة الترابية الترشيح من 21 إلى 29 فبراير 2020

تلقى مأمون الكزبري علومه الابتدائية والثانوية في مدرسة الإخوان المريميين (( الفريرماريست )) وحصل على شهادة البكالوريا الأولى عام 1932 ، وعلى البكالوريا الثانية عام 1933 .
درس الحقوق في الجامعة اليسوعية ببيروت وتخرج منها عام 1936 . وتابع دراسته العالية في فرنسا ، ونال شهادة الدكتوراه بالحقوق ، من جامعة ليون الفرنسية . وتدرب على المحاماة ببيروت في مكتب أستاذه
-فابيا – ومارس المحاماة في بيروت لغاية العام 1943 ، ثم انتقل إلى دمشق ، وفتح مكتباً خاصاً به في العام نفسه .


عين أستاذاً في معهد الحقوق بدمشق عام 1948 ، ودرس مادة التشريع العقاري لغاية العام1960 ، وألف كتاباً فيها ، وما زال هذا الكتاب يدّرس حتى اليوم .
في العام 1954 رأس حركة التحرير العربي خلال حكم المرحوم أديب الشيشكلي . ثم انتخب نائباً عن دمشق ، ورئيساً للمجلس النيابي .


عقب انتهاء عهد الشيشكلي ، جرت انتخابات نيابية جديدة ، فرشح الدكتور الكزبري نفسه ، وفاز مرة ثانية بالنيابة عن دمشق ، وأحرز أكثرية الأصوات ، وكان ترتيبه الثاني بين المرشحين . ولم يتفوق عليه بالأصوات سوى الأستاذ سعيد الغزي .


شغل الدكتور الكزبري وزارة العدل ، ووزارة التربية ووزارة الشؤون الاجتماعية عدة مرات .
في العام 1958 كان في عداد الوزراء الذين ذهبوا إلى القاهرة لاقتراح الوحدة بين سورية ومصر ، لدى الرئيس جمال عبد الناصر .

إقرأ أيضا :  إعادة النظر في الالتزامات المرهقة"


لدى الإعلان عن قيام الجمهورية العربية المتحدة عين الدكتور الكزبري في لجنة توحيد القوانين بين القطرين في القاهرة ، ومكث في مصر عدة شهور ، عاد بعدها إلى دمشق لممارسة التدريس في معهد الحقوق ، والمحاماة في مكتبه .


لدى انتهاء الوحدة بين سورية ومصر يوم الثامن والعشرين من أيلول 1961 ، وعقب حركة الانفصال التي قادها العقيد حيدر الكزبري ، استدعي الدكتور مأمون الكزبري ، وطلب إليه معالجة الوضع من الناحية الدستورية ، وتشكيل حكومة مؤقتة ، ريثما تستقر الأمور ، وتعاد الوحدة على أسس متينة ومدروسة . شكل الدكتور الكزبري الوزارة ، واحتفظ لنفسه فيها إلى جانب الرئاسة ، بوزارتي الخارجية والدفاع .


بعد أقل من شهرين دعا الدكتور الكزبري إلى انتخابات نيابية ، فرشح نفسه ، وفاز بالنيابة عن دمشق من جديد ، ثم انتخب رئيسا للمجلس النيابي . وانتخب يومئذ الدكتور ناظم القدسي رئيساً للجمهورية .
وفي عام 1960 انتخب نقيباً للمحامين لعامي 1960و 1961 .


وفي الثامن من آذار 1963 حدث انقلاب حزب البعث ، وشمله العزل السياسي ، فغادر الدكتور الكزبري على أثره دمشق إلى فرنسا . ثم أقام في المغرب منذ أيلول 1964 ، وعين أستاذاً في جامعة الرباط .
كان أول عمل قام به في المغرب ، هو تعريب التدريس الجامعي . وكان التدريس حتى ذلك الحين يجري باللغة الفرنسية .

إقرأ أيضا :  الجفاف السياسي وتأثيره على بناء نمودج تنموي جديد بالمغرب


استمرت إقامة الدكتور الكزبري في المغرب ، نحو خمسة وعشرين عاماً ، كرسها للتدريس والتأليف بالعربية .
وغادر المغرب عام 1990 ، بعد تقدمه في السن ، وأقام في باريس لغاية 16 أيلو ل 1996 .
ثم نقل إقامته إلى بيروت ، بعد استقرار الأوضاع في لبنان .


وانتقل الدكتور مأمون الكزبري إلى جوار ربه في اليوم الأول من عام 1998 ، ونقل جثمانه الطاهر إلى دمشق . وشيع إلى مثواه الأخير ، مبكياً على أخلاقه الحميدة ، ونضاله الطويل في ميادين العلم والسياسة و وري الثرى في مقبرة الباب الصغير.

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