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 research deals with an important issue that many people are working on, namely the sanctification of the texts on which the timings of the time and the different conditions of the place took place. Do not live up to the ranks of perfection and perfection, and every effort has explanations according to the mind machine, which is not protected by infallibility from error. The great downfall is to put these intellectual efforts in the Bible without separating them from the Word of God. The situation and the place on the adherents of a religion and mixed with the trick of the average individual only to be subject to the words of the teachers of Sharia and docility.
This study seeks to clarify the adequacy of the current legal texts - procedural and objective - to respond to our situation under Corona and whether it needs to modify or develop treatment for this general exceptional circumstance or to avoid it, and the appropriateness of the idea of force majeure or emergency circumstance or (the idea of foreign reason) to face the consequences or effects of Corona on the rules of litigation and the formation of the court and its jurisdiction and procedural appointments and litigation procedures and appeal and judgment and its implementation in order to maintain and implement the public order that interferes with the mechanisms and measures taken It is intended and has legal and judicial implications
... Show MoreJudicial jurisprudence is one of the important legal solutions to address the shortcomings of legislation. Throughout its long history, human societies have known many cases in which the judge finds himself facing a legislative vacuum in addition to civil legal texts that are difficult for the judge to implement due to ambiguity or contradiction, which requires diligence. To rule on resolving disputes before him in order not to deny justice, but the judge in his jurisprudence was not absolute, but rather bound by certain controls represented by observing the wisdom of legislation on the one hand and taking into account the nature of the texts on the other side, and from here this research came to shed light on the juri
... Show MoreJudicial jurisprudence is one of the important legal solutions to address the shortcomings of legislation. Throughout its long history, human societies have known many cases in which the judge finds himself facing a legislative vacuum in addition to civil legal texts that are difficult for the judge to implement due to ambiguity or contradiction, which requires diligence. To rule on resolving disputes before him in order not to deny justice, but the judge in his jurisprudence was not absolute, but rather bound by certain controls represented by observing the wisdom of legislation on the one hand and taking into account the nature of the texts on the other side, and from here this research came to shed light on the jurisprudence and its cont
... Show MoreThe study aimed to shed light on the provisions of the lease of the common money as a whole or the common share, these provisions still raise problems when applied, and the fact is that the lease contract concluded by all or one of the partners with others is based on the exchange of a clear benefit, which is the exploitation of the real estate that is a circle between these partners Considering that they are one person in the eyes of the law and he is the landlord or by one of their partners, the researcher compared the texts of the articles of the Journal of Justice Rulings - from which most of the rulings were derived because they are applied in Palestine - with the texts of the Egyptian Civil Code No. 131 of 1948; This is to make a b
... Show MoreIn this paper we have dealt with the word " בַּיִת" in the Book of Joshua because it makes one of those that highly employed the word בַּיִת" " in the Old Testament. The Book of Joshua comes sixth in the order of tanakh wich was written by Joshua son of Noon in Palestine during the fifteenth century B.C. and it covers a three-decade era extending from the death of Moses til the death of Joshua son of Noon.
The word " בַּיִת " in this paper refers to the place, where expressions are made by a noun modified by a noun . The modifier is"" בַּיִת , and the modified is another noun. Herein, we
... Show MoreThe research discusses the need to find the innovative structures and methodologies for developing Human Capital (HC) in Iraqi Universities. One of the most important of these structures is Communities of Practice (CoPs) which contributes to develop HC by using learning, teaching and training through the conversion speed of knowledge and creativity into practice. This research has been used the comparative approach through employing the methodology of Data Envelopment Analysis (DEA) by using (Excel 2010 - Solver) as a field evidence to prove the role of CoPs in developing HC. In light of the given information, a researcher adopted on an archived preliminary data about (23) colleges at Mosul University as a deliberate sample for t
... Show MoreTaxes are the most important public revenues, especially in the context of state intervention and the transformation of the tax from a mere financial tool only into an economic and social guidance tool. Therefore, all countries are keen to preserve this revenue by creating a clear legal system on tax assignment and collection mechanisms, and controlling cases of tax evasion.
The tax administration applies several methods to determine the tax base, which differ from one tax to another, and from one tax system to another. The most important of these methods are the tax returns declared by the taxpayers , one of these methods also is to determine the tax base directly by the tax
... Show MoreIt reveals speech communication whether it is legible audible or visible on a comprehensive formula inhabited open language on the modalities for reporting cases of the source say, making communication cognitive processes, is not to produce arguments as it is about the generation of the content of communication, so the contact of any kind remains practice for the cognitive action by the language in which it operates as a way agreed to their units between the poles of communication circle in the framework of a certain socio-cultural context, and that becomes the basis of the text of the message external referrals, making it feasible for multiple readings in semantic dimensions and deliberative
Investment drives the wheel of the development of different developed and developing countries. Sudan is a model for a developing country facing a lot of difficulties in the field of both local and foreign investment. The present study was focused on the problem of poor diversification and efficiency of both local and foreign investment in Sudan. Also, it clarified the important role of administrative supervision to strengthen the efficiency of investment, taking the experience of the Sudan as a model. The researchers used the well-known descriptive and analytical tools (questionnaire, interview, observation) to complete this study. A well designed questionnaire was used. It included all questions that could cover all aspects of
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