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Jurisprudence and its controls - A Comparative study
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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.

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Publication Date
Thu Aug 03 2023
Journal Name
Journal Of Legal Sciences
Evidence of Proof in the Administrative Investigation and Employee Guarantees Towards it : A Comparative Study
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The aim of this research is to identify the guarantees of collecting evidence in the administrative investigation in both the Federal Decree-Law No. (11) of 2008 regarding human resources in the federal government and its amendments, and Ministerial Resolution No.(1) of 2018 regarding the executive regulations of the Human Resources Law in the Federal Government, Compared to the Jordanian Civil Service System No.(9) for the year 2020. In order to find out the guarantees obtained by the employee to whom the job violation is attributed in order to confront the authority of the administration in the event that he is referred to the administrative investigation in the stage of collecting evidence. And to search for the balance between the le

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Publication Date
Thu Dec 30 2021
Journal Name
Journal Of Legal Sciences
Legal regulation for a labor inspector: A comparative study between Iraqi legislation and the Algerian and Bahraini legislation
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The labor inspector may be exposed - while performing his duties that are legally assigned to him - to threats or attacks on him by employers, which makes it impossible for the inspector to perform these jobs.

This has prompted international and Arab labor inspection standards, as well as national labor laws, to emphasize the need to provide security support and legal protection for the labor inspector, and to punish employers' violators, with the aim of extending the authority and prestige of the state and ensuring the enforcement of laws and thus achieving the goals for which it was legislated.

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Crossref
Publication Date
Sat Aug 17 2019
Journal Name
Journal Of Legal Sciences
General theory of implicit will: Comparative Study
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In accordance with the principle of consensually, contractors have full freedom to express their will. The law does not require that the expression be by a particular means or form, as may be expressly expressed by the will, so the expression of will may be implicit. The general rule is that the parties have the freedom to freely determine the content of the contract Within the limits of the rules that regulate and regulate this will, the implied will or implied expression of will is a positive course of expression of will, but does not directly indicate the truth of the intended meaning, but the circumstances of the case allow weighting of the intended meaning to other possible meanings, In other words, a means or an appearance taken by

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Crossref
Publication Date
Wed Mar 16 2022
Journal Name
Journal Of Educational And Psychological Researches
Biology Textbook for Scientific Sixth Class in Iraq (A Comparative Study)
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The textbook is the primary means of creativity and thinking, which has a major role in the development of the readership and mental abilities of the student. It is the basic tool in education in Iraq for the teacher and the student, which cannot be dispensed in any educational program. The current study aimed at the book of the biology of the sixth grade of science in Iraq (comparative study). It was compared to the book of biology for the twelve grade in the Kingdom of Jordan to identify the ratio of similarity and differences between them, in addition, to identify the weaknesses in the Iraq curriculum and developing appropriate solutions and suggestions to address them. The sample was represented with books of biology (six-science cla

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Publication Date
Wed Feb 10 2021
Journal Name
Journal Of Legal Sciences
The Relationship developed between Law and Regulation and its Effect on the Rules of Distribution of Jurisdiction Between the Legislature and Executive Authority: A comparative study
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Sort out the stability of the principle of separation of power to stabilize the rules for the distribution of power to the three state authorities (legislative, executive and Judicial), this, in turn led to emergence of the principle of legislative unilateralism, which means that the legislative authority is unique and not the other by exercising legislative competence, except with the permission of the legislative or the provisions of the constitution, this led to the emergence of what is known as the traditional relationship between law and regulation. However, this principle began to lose it, severity due the political, social and economic condition which changed the relationship between the law and the regulation, consequently, the l

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Crossref
Publication Date
Sat Dec 24 2022
Journal Name
Journal Of Legal Sciences
Criminalization of Graft in Palestinian Legislation between Constitutional Legitimacy and Procedural Necessity : A Comparative Study
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This study aimed to identify the extent of the constitutionality of proving the crime of graft regarding transferring the burden of proof to the accused and its violation of the presumption of innocence. The presumption of innocence, unlike the Kuwaiti legislator, who did not shift the burden of proof in the crimes of illegitimate gain, and that the proof of the crimes of illegitimate gain according to the Palestinian and Jordanian legislators are linked to two forms: actual exploitation and judgmental or presumed exploitation, while the Kuwaiti legislator has limited proof of illegitimate gain crimes in the form of The study recommended a set of recommendations for an amendment to the text of Article 3 of Decree Law No. 37 of 2018 regar

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Publication Date
Wed Jun 15 2022
Journal Name
Journal Of Legal Sciences
The Tort Caused by the Transmission of Coronavirus Infection (A comparative study)
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        The Corona pandemic has raised many repercussions on all levels and fields, and several questions have arisen, especially in the legal field, where many responsibilities arise due to the way this pandemic is dealt with, exploited by some, or neglected some obligations imposed to confrontit. Civil responsibility emerges as an important part in the scope of dealing with the effects of the Corona pandemic, as some people deliberately or negligently tend to harm others, which calls for resorting to the provisions of civil responsibility. It seems that the burden of civil responsibility falls not only on individuals, but also on private and public legal persons alike.

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Crossref
Publication Date
Thu Jun 15 2023
Journal Name
Journal Of Legal Sciences
The Judge’s Oversight Function on Unreasonableness in Disciplinary Actions : A Comparative Study
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The Administrative agency enjoys certain privileges when issuing disciplinary actions on a public servant. As the only entity conferred with the authority to issue disciplinary action to actualize certain aims, like establishment of, or amendment or repealing of certain legal provisions. Public service is regarded as the most widespread sector due to the employer-employee working relationship between the administrative agency and the public servant. The aim of disciplinary action is to serve deterrent to the employee from committing similar offence in the future and guaranteeing of smooth running of the organization and effective delivery of work. Therefore, the administrative agency must commit to achieving this aim, without being outra

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Crossref
Publication Date
Mon Dec 25 2023
Journal Name
Journal Of Legal Sciences
The voluntary declaration in the tax legislation in UAE: A comparative study
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Taxes 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

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Publication Date
Sun Jun 30 2019
Journal Name
Journal Of The College Of Education For Women
Common Origin of Languages: A Comparative Study between the Holy Quran and the Heavenly Religions
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This research is a new reading of some of the words in the Holy Quran, which is very old. It is a human reading in which religions are intertwined by recognizing the relationship between man and his fellow man in the unity of existence and the unity of the source of religions and the unity of language. The importance of this research in comparing some of the Arabic words has been contained among books believed by followers that it is from the one God Sunday.

When words are spoken in one way in the form of one creature, from the beginning of creation to the present day, this indicates the single origin of the languages..

The research tools were books of heavenly religions, the Quran, dictionaries and interpretations.

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