The Catering contract is considered as a type of hospitality contracts in the English common law of customary origins. Which is unwritten and based upon judicial precedents of the English courts. It is a complex contract of mixed nature، Is Regarded as a contract for the sale of meals of food and drink،, and is considered as a contract for supply of services concerning the preparation of food and drink، for providing them to the customer، as well as being a bailment contract. It is worth-bearing in mind that this contract is subject to the rules of three important English legislations: The Sale of Goods Act 1979، The Supply of Goods and Services 1982، The Consumer Protection Act 1987، and The Consumer Rights Act 2015. It is also w
... Show MoreThe contracts in restraint of trade are considered as void contracts according to the English common law, that is to say, they are prima facie void. Because their voidness is presumed and based upon a rebuttable presumption that these contracts are contrary to the public policy in principle. Owing to the unreasonableness of the Restraint of Trade conditions or terms in which they are included. But if it is proved that they satisfy the requirements of reasonableness, in accordance with the contracting parties, and both the temporal and spatial extent of their coming into effect, as well as the public interest. The court will validate them. It is also worth-bearing in mind that this type of contracts fall under contracts void at comm
... Show MoreThe legal system of found property is considered as a reason or method of preliminary acquisition of ownership, as well as two other reasons, that is to say, the fixture of personal chattels, and the adverse possession, resting on the principles of equity, and included within the English common law of customary origins, which is unwritten and based upon judicial precedents of the English courts, equity and later legislations. It is worth-bearing in mind that the found property is the lost property on which the finder enjoys more rights than all other people, except its original owner. It is also worth-mentioning that the treasure trove is considered as found property in the English law. and it is any object at least 300 years old when fo
... Show MoreTaking care of early childhood is considered one of the most important criteria for measuring the level of civilization of peoples and nations. It is viewed as part of the civilized development. It is the maker of the future, since taking care of children at this stage is essential for the formation of their personalities as they are born with natural tendency to acquire and learn responsibility through care they receive from parents and those who deal with them. So if favorite conditions are available for the child to take a certain role within the group, s/he will grow with the sense of social responsibility.
The current resea
... Show Moreان استقرار قاعدة قانون الإرادة لم يتم بشكل نهائي إلا في نهاية القرن التاسع عشر وفي رحاب المذاهب الفردية ، تلك المذاهب التي نتجت من رحمها النظرية الشخصية ، وهذه النظرية ترتكز على مبدأ سلطان الإرادة والاعتراف للفرد بحقوق مصدرها طبيعته الإنسانية الحرة ، وان حقه في الحياة هو الأساس لكل الحقوق الأخرى ، وهذا الحق يمنح إرادته القدرة على إنشاء المراكز القانونية بصورة مستقلة على القانون الذي يقصر دوره على تمكين الف
... Show MoreThe crime of rape is based on three pillars, the objective pillar which is the act of intercourse, the victim’s lack of consent pillar, and the subjective pillar, which is in the form of criminal intent, and since rape is an intentional crime, there is stability in the legal trend on its content, which is the knowledge of the perpetrator and his willingness to sexually assault the victim without consent.
However, there are many controversial issues regarding the act of sexual assault and the lack of the victim’s consent which are studied in this article. As the difference in the definition of sexual intercourse leads to the exclusion of many acts from the concept of the crime of rape, such as the difference in what is m
... Show MoreIn a world of limited space, the owners are always surrounded by others next to them, and, consequently, there is hardly any activity which the owner may exercise on his land which would not affect the other owners. If he builds a building, that building may block the sun's rays or the air from the buildings next to it and owned by other people. And if he runs a business, the lands adjacent to that business may be overburdened with the accompanying noise or traffic. If oil is prospected in a land, the neighboring lands may be deprived of oil or their owners may be exposed to toxic fumes. Hence the importance of researching the intention of harming others, as it is one of the most important forms of abuse in the use of the right (especially
... Show MoreAbstract
The public budget in Iraq is still prepared according to the traditional base that allocates the amounts of budget the current year based on the budget of previous year with an increase in estimations with random proportions without connecting the input (financial, human resources and asset )with their output (quantitatively and qualitatively)this caused waste and lose in the available resources therefore the output of budget showed be adapted is such a way that achieving connection between its input and output and to be appropriate with the organizational structure of the state without intrinsic change in its work .this may be realized by adopting the accounting of
... Show Moreيعد علم أصول الفقه السبيل إلى استنباط الأحكام من النصوص الشرعية، وبقواعده يسدد المجتهد نظره في أحكام الشريعة ويعينه على الوصول إلى الحقيقة. فهو علم دقيق المسلك، يقصده كل من يتحاشى السطحية في فهم النصوص الشرعية وتفسيرها وتكييف الوقائع والتصرفات الشرعية على النصوص تكييفا صحيحا يعصم العقل عن الخطأ، فهو بالنسبة إلى العلوم الشرعية كالنحو بالنسبة إلى العلوم العربية. وقد نال هذا العلم من جهد العلماء الحظ الأكبر وا
... Show MoreAllah Almighty has singled out women for some rulings, and made them unique to them, in terms of the provisions of menstruation, postpartum