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The moment of concluding the contract according to the United Nations Convention on Contracts for the International Sale of Goods (1980) (A comparative study with some Arab and foreign legislations)
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There are two ways that the contract might be formed with (contracting between persons who are attended and contracting between absence persons).the need for determining the precise moment of the contract , is so clear because there is a specify period separate between the declaration of acceptance and the knowledge with it .and it is clear from the four theories known for jurisprudence (theory of the declaration of the acceptance, theory of exporting the acceptance , theory of the arrival of the acceptance , theory of the knowledge with the acceptance ) . It is difficult to promote one theory on another one if we look at each one and the justification of its supporters and what the opponents of each theory expose. Legal background and different circumstances for each country might have influence in determining the theory that must be adopted to determine the moment of contracting, while the preponderant opinion which represents a base that the supporter of each theory dashing from is the part that worth the protection, so if we want to considerate interest of the offer we will depend then on the acceptance theory or it leas the reach of the acceptance theory. While if we want to take the interest of the acceptor in consideration then we will follow the theory of the declaration of the acceptance or theory of sending the acceptance. United nation convention on contracts for the international sale of good has adopted theory of the arrival of the acceptance. While English law and Iraqi law have adopted theory of knowledge with the acceptance, while the theory of the declaration of the acceptance has been adopted by the Jordanian law.

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Publication Date
Thu Aug 03 2023
Journal Name
Journal Of Legal Sciences
The Development of the Concept of Defect in Accordance with the United Nations Convention on Contracts for the International Sale of Goods for the Year 1980
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The Vienna Convention 1980 developed the concept of a defect that necessitates the warranty in a way that is compatible with the requirements of international trade, as it attached it to the obligation of conformity. The agreement also developed the penalties resulting from the existence of the defect, as it imposed on the seller that he is obligated to ensure that his goods conform to the provisions of the contract, as well as that they must be usable. For the purposes for which the goods are used, if the goods are not in conformity, then the seller is in breach of his obligation to conform, as he has delivered defective goods.

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Publication Date
Sat Apr 10 2021
Journal Name
Journal Of Legal Sciences
Time of Transmission of the loss in international sales Study accordance of Iraqi law& un convention on contracts for the international sale of goods (Vienna 1980)
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This study deals with the topic time of transmission of loose international sales، which is defined by the Vienna Convention on the International Sale of Goods as "passing of risk"

As a basis for "the transfer of liability from the seller's custody to the buyer's guarantee. This expression was adopted by the legislator from the Islamic jurisprudence, which is in an acceptance interview in the real estate legislation. The arrest does not require that the actual possession of the goods has actually been done by the buyer. On the face of the buyer can be caught without a hail, and the Iraqi Trade Law No. 30 Of 1984, the provisions of the Transfer of Liability in International Sale were codified، and its provisions were quoted from

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Crossref
Publication Date
Thu May 30 2019
Journal Name
Journal Of Legal Sciences
Study of the Civil Forfeiture System According to the United Nations Convention against Corruption
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Civil Forfeiture is a controversial legal process that allows law enforcement authorities to seize assets when there is a suspicion that assets are the proceeds of crime, regardless of the accused’s conviction for crime. This process viewed on the one hand as a strong weapon for targeting criminal assets and means to commit further criminal activity, and on the other hand as a violation of the rights of individuals. Justifications have been introduced to support both sides. This Article examines those justifications, and supports the civil forfeiture system to be applied in Iraq. The Article proposes the core elements that need to be considered in adopting civil forfeiture legislation in Iraq.     &

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Crossref
Publication Date
Sat Dec 15 2018
Journal Name
Journal Of Legal Sciences
The Notice on Lack of Non-Conformity as a Duty on the Buyer Accordance with CISG Vienna- 1980
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The object of conformity of the goods to the contract has always played a central role in both national and international sales transactions as it goes to very essence of the contractual relationship. The seller must deliver goods which are of the quantity, quality, and description required by the contract. Only once the goods have been delivered, the buyer has a duty to inspect the goods and eventually notify the seller whenever the product received breaches the conformity requirements set by Article /35 of CISG 1980. But the buyer losses the right to rely on the lack of conformity of the goods if he does not give notice to the seller specifying the nature of the lack of conformity within a reasonable time after he has discovered it or

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Crossref
Publication Date
Thu Dec 31 2020
Journal Name
Political Sciences Journal
Foreign policy of the Trump Administration Toward the United Nations
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The Trump administration asserts that the actions of the United States are neither constrained by international organizations nor international controls, as they strive to seek a leadership position in a competitive manner, advance the reform of the United Nations in order to gain strength and support for US interests, and promote conservative social values. This negative policy is the result of the influence and mutual influence of long-term isolationism, the "American exception" and popular trends in the United States, as well as the result of the Trump administration's attempt to employ powerful means to revitalize the United States' strong position in the United Nations. However, the Trump administration’s policy toward the United

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Crossref
Publication Date
Mon Jan 30 2023
Journal Name
مجلة العلوم القانونية
تطور مفهوم العيب وفقاً لاتفاقية الامم المتحدة بشأن عقود البيع الدولي للبضائع لسنة 1980
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يتناول البحث احكام العيب في اتفاقية الامم المتحدة بشأن عقود البيع الدولي للبضائع لسنة 1980

Publication Date
Wed Dec 29 2021
Journal Name
Journal Of Legal Sciences
Administrative protection of young people in Iraq Comparative study with the United Arab Emirates
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Because of what Iraq faced in the last quarter of the last century of wars and military conflicts and the aftermath of the economic blockade, as well as the recent occupation suffered by Iraq in the contemporary century, which culminated in lawlessness and the spread of terrorism and the most prominent on the Iraqi street manifestations not prepared before paved to the aggravation and collapse in the community system As a result of the political and social changes, all this highlighted the need for public facilities specialized in social protection for young people to provide all the new requirements, and the find a legal system commensurate with the circumstances and circumstances.

In light of the current challenges, the State h

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Crossref
Publication Date
Tue Dec 29 2020
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
Personal tax exemptions "a comparative study with some Arab and European system legislations
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This research aims primarily to highlight personal tax exemptions A comparative study with some Arab and European regulations. And by conducting both theoretical comparative analyses. Most important findings of the study is the need to grant personal and family exemptions that differ according to the civil status of the taxpayer (single or married). In other words, the exemption increases as the number of family members depend on its social sense. Also taking into account some incomes that require a certain effort and looking at the tax rates, it is unreasonable for wages to be subject to the same rates applied to commercial profits.      

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Publication Date
Thu Dec 27 2018
Journal Name
Revue Académique De La Recherche Juridique
Extent and limits of the judge's power to the contract (Comparative study)
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The contractual imbalance is perceived today by the majority of the doctrine as being one of the pitfalls to the execution of the contracts. As a result, most legislations grant judges the power to intervene to restore it. Granting the judge the power to complete the contract raises the question of the extent to which the judge can obtain such power. Is it an absolute authority that is not limited? If so, is it a broad discretion in which the judge operates in his conscience, or is it a power of limited scope by specific legal texts and conventions? This is what we will try to answer in this research.

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Publication Date
Mon Sep 02 2019
Journal Name
Journal Of Legal Sciences
Law conflict in the formation of international contract
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The present of a foreign element in the Contract will call the conflict of many laws on the conclude of the contract; usually such conflict will end to the jurisdiction of one law, but in this case it will end to the jurisdiction of many laws on the conclude of the international contract but without being a common jurisdiction, each of the conflicting law will have its own jurisdiction.

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