Judicial 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 controls. We have reached a set of recommendations, the most important of which is the need to amend Articles (1) and (2) of the Iraqi Civil Code, as well as a set of recommendations that we have mentioned in the course of the research, which we hope the legislator and judges will pay attention to.
Judicial 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 MoreContemporary life is racing against time in its temptations and variables, and it has become shaped and changed in an amazing way in its various aspects and fields. This was facilitated by intellectual and scientific communication between civilizations, and the rapid progression in successive inventions and discoveries in the fields of science and arts of knowledge. This contributed to a great economic and commercial renaissance. Then, these economic developments entered the world into a very strong competition, which forced producers to calculate all production costs, to reach the highest profits by reducing the price of the produced commodity on the one hand, and achieving quality in appearance (especially) on the other hand. Since the ma
... Show MoreAcquisition provisions in Islamic jurisprudence
Is no longer a football player looks to sport as a means of entertainment and physical development. But become see as part of The economic and is getting in return for the effort of، Through a contract with a club to organize the activity which is called a contract of professional, This contract is similar to the rest of the contracts in terms of problems and dispute that arise during the implementation or after it ends because of the nature of sports to such disputes and privacy being subject to special rules (regulations, national and international professional) required that subject to judicial bodies private mission confined settle sports disputes these entities and is affiliated unions legal committees and the court of arbitration for
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Controls Scanning on the slippers a study fiqhiat Comparison
The subject of this research is an important topic, which is frequently repeated, and people need to know its wisdom, and has made it in front and the preface and three detectives, showed through discussion the meaning of the survey on the socks, its wisdom, its rules and conditions, and the duration of the survey on it, spoiled and reasoned and compared to the doctrinal doctrines, And the most correct statement of words I have concluded with a number of things, as follows:
- The need to ensure that the slippers are clean, visible and inwa
The phenomenon of black money laundering (money laundering) receives wide and great attention from researchers of all their intellectual orientations, legal or economists, as this process acquires great importance in light of commercial developments and electronic transactions, Especially after the opening of Iraq to the outside world after 2003, and there are many factors that encourage the process of money laundering, including the large number of crimes, the prevalence of financial and administrative corruption, and the weakness of legal procedures to combat it, as the phenomenon of black money laundering is considered a criminal case that affects developed and developing countries. Because it impedes the tracking and seizure of funds
... Show MoreWhen exercising their authority in the jurisprudence, judges are subject to a set of restrictions that they must adhere to, as they do not want their jurisprudence to be accepted and welcomed by law practitioners in general, and legal scholars in particular, and in contrast to it, the arrows of criticism and defamation will extend to that jurisprudence, and then they will have to reverse them . Perhaps the most important of those restrictions imposed on judges is their observance of justice between the parties to the lawsuit through their lack of bias for one of the parties at the expense of the other, in addition to their observance of public order and public morals, as well as their observance of the legal texts that they work under its u
... Show MoreThe idea of digital legacy is a very modern issue in the legal reality, as it did not appear until this decade, and the signs of its emergence in America are originating from Iraq by an American soldier who was killed in Iraq. The legal position of the accounts and pages and the content of the accounts and personal pages left by the human being after his death, and can it be passed on after him to the heirs or not? It is the general successor who deserves this digital stuff.
When reviewing the position of comparative laws of American, English, French, Iraqi and Islamic jurisprudence, we find that the essence of the problem raised by the issue of digital heritage is the collis
... Show MoreThe judge's estimation power in giving the judicial term in the execution case is represented in the possibility of amending the term of the contract commitment. That term on which both parties agreed to execute the contract commitment at its due date, because at the due date of fulfilling the commitment the debtor is bounded to pay, yet this fulfillment may be exhausting to the debtor, or causing him damage or harm more than that damage caused to the creditor in delaying the fulfillment.
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... Show MoreThe building of the Babylonian theater is considered as one of the distinctive buildings where its foundations have remained steadfast in the face of geographical changes, social's erosion and groundwater that threatened almost all traces of Babylon despite the destruction of the outer structure of the building. The general directorate of antiques performed prospection for those foundations (the ground map), and then the building was completed by new bricks over the original scheme. It became clear when examining the building; its components and foundations, that the building is unique in comparison with the old buildings of the world throughout Iraq. There are similar buildings in other places like Jordan and North Africa such as