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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
Thu Jun 15 2023
Journal Name
Journal Of Legal Sciences
The Right of the Head of State to Veto Bills : A Comparative Study
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The legislative authority's approval of a project is not enough, as the state president's approval is crucial. If the president doesn’t approve the project within the period determined by the constitutions, it shall be returned to the parliament for further discussion and voting, Either by an ordinary or strict majority, according to the provisions of the constitutions of the countries. To explain the right of objection, we explained, in the First Topic, the definition and distinction, and we explained, in the Second Topic, the legal nature of the right of objection, its kinds, and its constitutional base. In the Third Topic, we discussed the conditions of the right of objection, its procedures, and its effects. Then, the conclusion th

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Publication Date
Tue Jun 30 2020
Journal Name
Kuwait International Law School Journal
Contract Duration – A Study in Light of French Legislative Decree No. 131-2016 issued on 10 February 2016
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After the Napoleonic Code of 1804 came without any legal rules specific to the duration of the contract, and was content to refer to it in scattered legal texts, Legislative Decree No. 2016-131 came to establish a comprehensive legal system for the duration of the contract, starting from the period of its formation, through the period of its implementation, and ending with its continuation after the expiration of its term, in the third section of the fourth chapter related to the effects of the contract (Articles 1210 - 1215), relying on judicial precedents on the one hand - which are many, as will be shown through the research pages - and contractual practices on the other hand. Perhaps the main motive that prompted the French legislator t

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Publication Date
Wed Mar 20 2019
Journal Name
Journal Of Legal Sciences
Open Price Contract- Compertive Study
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The ultimate goal of any sale contract is to maximize the combined returns of the parties, knowing that these returns are not realized (in long-term contracts) except in the final stages of the contract. Therefore, this requires the parties to the contract to leave some elements open, including the price, because the adoption of a fixed price and inflexible will not be appropriate to meet their desires when contracting, especially with ignorance of matters beyond their will and may affect the market conditions, and the possibility of modifying the fixed price through The elimination is very limited, especially when the parties to the contract are equally in terms of economic strength. Hence, in order to respond to market uncertainties, the

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Publication Date
Tue Jun 14 2016
Journal Name
Al-academy
Idealism and Realism in The Design: A Comparative Study
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At the beginning of the twentieth century distorting handling totalitarian phenomena of art, which can be called the stage of the test, transition from the theory of ideal theory and other realistic is not cushy, since it requires vision and reading and other concepts, and in light of this dialectic manifested research problem by asking the following Is affected by the design idealism and realism. Through the above mentioned questions, the researcher found rationale for addressing this problem, the study through his research, which is marked (idealism and realism in a comparative study design). And demonstrated the importance of research in the identification of the concept and the effectiveness of the two theories idealism and realism a

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Publication Date
Thu Aug 31 2023
Journal Name
Journal Of Legal Sciences
Conditions Related to the Nature of Hardship Necessitating Facilitation : A Comparative Study
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The implementation of the rule of hardship brings facilitation requires several conditions that must be observed in order for the provisions to turn from difficulty to ease for the taxpayer, whether those conditions are related to hardship necessitating facilitation or conditions related to the person charged with hardship. Knowing this issue is extremely important, especially with regard to hardships that were not mentioned in terms of control or specification.

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Publication Date
Tue Dec 24 2024
Journal Name
Alrafidain Of Law
The Effects of the research and technology development contract -A comparative study-
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Researching the effects of the research and technological development contract, determining its extent and demarcating the boundaries of the obligations imposed in it, is the cornerstone of economic growth and development, because defining these obligations removes the ambiguity and conflict between interests, by stating the rights owed to each party and even trying to reconcile them, or impose protection by specifying guarantees that are compatible with the essence of the R&D contract, For the purpose of studying the subject thoroughly, we will divide this research into two sections. The first is devoted to identifying the parties to the research and technological development contract. As for the other topic, we will explain the obligation

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Publication Date
Sat Aug 20 2022
Journal Name
Journal Of Legal Sciences
The Privacy of public companies in Iraq: a comparative study
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General companies are one of the methods that help managing general economic services. Countries have taken a step into this type of management because of the criticism-related to the different styles of managements. Criticism have been directed specifically at the direct type of management to such general economic services. Most of the Iraqi economic general services are being ran by this type of style; general type.

What has been agreed upon, whether in France, Egypt or Iraq has been that such establishments of general companies have to take place either by legislating a special order that states constructing a general company by the legislator or according to the law by authorizing law by the legislator to one of the local per

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Publication Date
Thu Jun 15 2023
Journal Name
Journal Of Legal Sciences
Human Right to Citizenship in International Conventions and Omani Legislation: Comparative Study
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The idea of citizenship is one of the old political and legal ideas that have long occupied a wide area of thinking in most countries of the world because the right of citizenship is linked to the identity and cultural reference of human persons of different origins and ethnicities. Citizenship is the equality of citizens irrespective of religious, sectarian, tribal, ethnic, or sexual tinctures. Countries sought to enshrine this right through international conventions, affirmed through the constitutions, statutes, laws, and media of States, to increase the association of individuals affiliated with the State with their national identity and to grant these individuals all their rights under international conventions, constitutions, or dom

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Publication Date
Wed Jun 15 2022
Journal Name
Journal Of Legal Sciences
The Right of the Public Employee to Nominate and be Elected to the Federal National Council in the UAE Legislation "a comparative study
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The right to nominate and vote is one of the most important political and constitutional rights of citizens in general and public officials because it is related to the popular will, and as they represent the legal way to exercise sovereignty through the selection of members of Parliament to take over on behalf of the nation.

However, these rights, like other rights, are subject to legal regulation. Therefore, the constitutions meant it to give them a great deal of prestige, and the various laws dealt with it by defining the electorate and the conditions that should be fulfilled in the candidate and the voter.

Countries differ in their position of the public servant as conditions for membership in the Parliament, with set

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Crossref
Publication Date
Thu Jun 15 2023
Journal Name
Journal Of Legal Sciences
Smart Contract: Theoretical Basis and Application Dialectic
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This study focuses on the relationship of the smart contracts and legal application in the field of civil and commercial contracts. The study aimed to anticipate the possibility of issuing a new law in the future, Nowadays, smart contracts t is a legal challenge that cannot be ignored, Despite the UAE legislator’s interest in artificial intelligence technologies and studying them from the legislative aspect, especially in the field of self-driving cars and the use of robots, and looking forward to a global leadership in the field of Block chain, it is still early to talk about bringing the Block chain to the ground of legislative reality in light of the challenges and risks arising from many challenges that We discussed them in this co

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