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.
The duration of the contract is a legal term first provided for in French Amendment Decree No. 131/2016, and given the increasing importance of time in contracts, we have chosen to study the legal rules governing time at the formative stage by drawing on changes in French law compared to both Iraqi and Egyptian laws. Article 1102 of French Amendment Decree No. 131/2016 stipulates that: "Everyone is free to contract or not to contract, to choose the person with whom he contracts, and to determine the content and form of the contract within the limits established by law." Contractual freedom does not permit a breach of the rules relating to public order), as well as article 1104, which provides for (contracts must be nego
... Show MoreCriminal prescription is a legal idea that we find its applications in most laws, It means that a period of time has passed since the occurrence of the crime, which is called the prescription of the criminal case or the crime, or the lapse of a period of time since the issuance of a final judgment in the criminal case, and it is called the prescription of the penalty, the lapse of the prescribed period will result in the expiry of the criminal case in the first case, and the lapse of the penalty imposed in the second case. This system has been found since ancient times in the legislation of countries with their various legal and political systems because of its practical considerations, the most important of which is achieving legal stab
... Show MoreAbstract:
The internal audit is considered the safety valve for senior management in all institutions. It aims to protect property, and raise the efficiency and effectiveness of the administrative performance, by following up on compliance with laws and instructions and the application of regulations in a way that increases the administrative performance of the department. The internal audit is possible to determine Weaknesses or imbalances in the administrative performance. To achieve this goal, an analytical descriptive methodology was adopted. The Baghdad Health Department / Al-Rosana was considered as society for this s
... Show MoreThe anatomic characteristics of the leaves of 22 taxa of Stachys L. representing seven of the currently recognized sections distributed in northern Iraq, were examined. The study did not found any variations in the characteristics of the stomata system of the leaves.Therewere variations with a good taxonomic value in other anatomic characteristics.Thevariations in characters of the mesophyll tissue in S.kurdica var.brevidens Bom ex Bhattacharjeewas bifacial but in S.kurdica var.kurdica Boiss. & Hohen.was unifacial .The study also found that the taxa S.benthamiana Bioss., S.lanigera (Bornm.) Rech.f. andS.kotscyi Bioss. with 3 vascular bundles in the middle vein while the taxa S.ballotiformis Vatke., S.megalodonta Hausskn. &Bo
... Show MoreAt present, a scientific certificate has great importance as an indicator of the level of the educational qualification of a person, and a criterion on the basis of which job appointments are made. The title is granted by the scientific certificate. The status of the scientific certificate has had a dual effect. On the one hand, it encouraged persons to pursue educational attainment in order to obtain the highest scientific degrees and the associated moral and material advantages, and on the other hand. It prompted some to seek scientific degrees by any means or method and at any price in order to benefit from these advantages. This situation led to the emergence of unlicensed and fake universities that do not have a real presence on rea
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The research draws its importance from identifying the methods of profit management in misleading the financial statements, which in turn is reflected in the decisions of the authorities that relied on these reports, and then the models that help in detecting those methods used by the auditors. Risks. The index (margin of excess cash) was used to detect profit management practices on a group of banks listed in the Iraqi market for securities and the number of (23) banks, including (12) commercial bank and (11) Islamic bank and the results were compared to commercial banks with Islamic banks.((The research started from the hypothesis that the use of the (excess cash margin) model in the banking sector reveals the management
... Show MorePiracy is one of the most important problems faced by sound record producers, because it is a problem that evolves with the development of time and technology, and although piracy is not a new problem, it has received great attention in recent years, because of the means by which (the Internet) and its size result from it, even In many of the ruler, describing it as (the crime of the electronic age) and she participated in the great harm it causes to all the groups involved in it producing the sound recording, because there are three categories that contribute to the production of the sound recording, which is (the author of the recorded work, the artist who performs the work and the producer who performs an operation Performance recordi
... Show MoreThe legal basis for the obligation of the innkeeper to ensure the safety of things does not pose any problem, because the comparative legislation was organized by explicit legal texts, but the problem arises with regard to the legal basis of the innkeeper's obligation to ensure the physical safety of the guest, as these legislation lacked explicit provisions about it, and left the organization of the general rules, which Open the door to jurisprudence, where the foundations laid by the jurists, within the scope of civil law, unlike the English legislator, which organized it as a general duty in the landlord law of 1957, and some consumer protection laws implicitly referred to the obligation of the innkeeper To ensure the safety of the bo
... Show More‘Ode to a Nightingale’(1819) is a typical poem of a Romantic poet like John Keats, but
‘The Nightingale’(1798) is an uncharacteristic poem of a Romantic poet like Coleridge.
The paper proposes a comparison between Coleridge’s ‘The Nightingale’ and Keats’
‘Ode to a Nightingale’.Coleridge’s poem diverges from the Romantic norm; it carries some
characteristics new to Romantic poetry like the realistic and objective portrayals of nature and
the nightingale, while Keats’ poem adhere to the characteristics of Romantic poetry; it
portrays nature and the nightingale subjectively and unrealistically. Coleridge’s poem is very
much influenced by the scientific approaches to environment, and natural his
The research deals with a historical study of the materials written by the manuscript since the beginning of its inception in the Arab era in the pre-Islamic era and the origin of Islamic and the following in successive eras.It is a variety of materials ,including Al-Asab,karanif ,parchment ,leather and many other