Preferred Language
Articles
/
NBffso0BVTCNdQwCnxnW
LEGAL RULES GOVERNING THE DURATION OF THE CONTRACT IN ITS PERIOD OF FORMATION (COMPARATIVE LEGAL STUDY)
...Show More Authors

The duration of the contract is a legal term first provided for in French Amendment Decree No. 131/2016, and given the increasing importance of time in contracts, we have chosen to study the legal rules governing time at the formative stage by drawing on changes in French law compared to both Iraqi and Egyptian laws. Article 1102 of French Amendment Decree No. 131/2016 stipulates that: "Everyone is free to contract or not to contract, to choose the person with whom he contracts, and to determine the content and form of the contract within the limits established by law." Contractual freedom does not permit a breach of the rules relating to public order), as well as article 1104, which provides for (contracts must be negotiated, concluded and executed in good faith) and combined with article 1210 of the same decree, in which the provision was opened (prohibition of life-long obligations), the legal principles controlling the contract are the principle of contractual freedom[i], which is limited by public order[ii], as well as the principle of good faith[iii] and the principle of prohibition of life-long obligations. Since the principle of contractual freedom and the principle of good faith do not attach to the duration of the contract, there was no room for their consideration in the study other than the principle of prohibition of life-long obligations.   [i] The principle of contractual freedom dominates the stage of contract formation, rather it is the cornerstone of the law of obligations, (Lauriane Hauchard) https://www.lepetitjuriste.fr/laffirmation-de-liberte-contractuelle the will alone has the power to create the contract and determine its effects. The tendency of the will to create a legal effect is called a legal act, which is either the union of two wills - or more - and this is the contract, or it is a single will, and this is the singular will like a binding offer and a will. Dr. Hammad Shield, the General Theory of Obligations - Part One Sources of Commitment, Dar Al-Sanhoury, Beirut, 2016, p. 32. [ii] (The consequences of implementing the idea of ​​public order within the framework of contractual relations concluded within the scope of civil law are the invalidity of legal actions violating the rules of public order) dr. Hussein Abdullah Al-Kalabi, Public order as an obstacle to the application of foreign law, a collection of unpublished lectures delivered to master’s students for the academic year 2019-2020, College of Law, University of Baghdad, and paraphrases the idea by saying (the idea of public order is the effective tool for curbing the power of will and preserving the higher interests of society), Dr. Hussein Abdullah Al-Kalabi, The Decadal Public System, a comparative study, Dar Al-Sanhouri, Edition 1, Beirut, 2016, p.9. [iii] Good faith is a general legal presumption, so the judiciary presupposes good faith always, although the legislator did not presuppose good faith except in certain places. Dr. Abdul Razzaq Al-Sanhoury, Al-Wasit, Volume 2, Margin pg 600.

Crossref
View Publication Preview PDF
Quick Preview PDF
Publication Date
Mon Aug 01 2022
Journal Name
Iraqi Journal Of Science
Limestone reserve calculation for engineering purposes for the Nfayil Formation (middle Miocene) in Bahr Al-Najaf Depression, Iraq
...Show More Authors

Limestones have considerable commercial importance because they are used as building stones and are widely used for flooring and interior and exterior facings. On the other hand, the reserve calculation reveals the economic effectiveness of the investigation. This study aims to calculate the reserve of the middle Miocene limestone for engineering purposes. The limestone beds of the Nfayil Formation in Central Iraq have been studied over 15 outcrop sections. The Nfayil bed has an average thickness of about 1.64 m, while the overburden has an average of about 0.93 m. The average bulk density of limestone is 2.1 gm/cm3 . Kriging and triangulation method has been adopted and used in the calculation and assessment of reserve. The industrial laye

... Show More
View Publication
Publication Date
Fri Dec 01 2017
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
The Role of Media in Developing the Tax Awareness of the Iraqi Citizen: Applied Study in the General Commission for Taxes
...Show More Authors

 Interested in many scholars and reseachers  the subject of the media and means varied his roleinfluential in the definition of the public of issues and political, cultural, social and because of its spread wide and ability to address the people of all levels effect them  in the formation consciousness of those issues and types of this awareness is an awareness of the tax, contribute to media formation consciousness tax through the definition of people what tax and importance of the role of its revenues to supplement the state budget by posting tax laws and regulations of applied and all what respect process account tax, to be in charge of the tax familiar enough about this, which avoid being cheated taxmisleading when rev

... Show More
View Publication
Crossref
Publication Date
Thu Nov 03 2022
Journal Name
Res Militaris
Prose of Sons of Imam Ali Al-Rida (Peace Be Upon Them): A Study Regarding the Structure of the Image and Its Implications - Simile as a Model
...Show More Authors

Praise be to God, Lord of the Worlds, and prayers and peace be upon the most honorable of creation, Muhammad, whom God sent as a mercy to the worlds, and his pure God and his faithful companions. The Islamic heritage was replete with texts issued from among the pure infallibility, which constituted a prominent teacher that takes the student to stop there in search of its goals, purposes and beauty. The choice was made from those texts that were issued by the imams of Muslims in the Abbasid era, namely Imam Muhammad al-Jawad, his son Imam Ali al-Hadi and his grandson Imam Hassan Zaki al-Askari. (Peace be upon them), and scholars have called them (sons of satisfaction), and researchers have shed light on these texts from rhetorical, artistic

... Show More
View Publication Preview PDF
Publication Date
Wed Feb 01 2017
Journal Name
Journal Of Economics And Administrative Sciences
Use some of the quality tools to improve the health service: Comparative research between Baghdad's and Yarmouk hospital educational
...Show More Authors

Abstract

This research aims to improve the provided health service level inside Baghdad hospitals and the Yarmouk educational, as well as to shed light on the reality of the health service and the quality within the major operations room in both hospitals, as the operations room represent the research community, as was the use of some quality tools Pareto and Ishikawa diagram to measure and assess the level of quality provided, and include research problem to find out what are the problems and obstacles facing the process of improving quality in both hospitals, and whether there are scientifically accurate method to assess the quality of health service in Baghdad's Yarmouk hospital and educational . Where the researcher h

... Show More
View Publication Preview PDF
Crossref
Publication Date
Tue Aug 18 2020
Journal Name
Journal Of Mechanics Of Continua And Mathematical Sciences
THE COMPARISON OF THE METHODS ESTIMATING THE FRACTIONAL DIFFERENCES OF PARAMETER AND ITS DEPENDENCE ON ESTIMATION THE BEST LINEAR MODEL OF TIME SERIES IN THE ENVIRONMENTAL FIELD
...Show More Authors

View Publication
Crossref
Publication Date
Tue Oct 31 2023
Journal Name
College Of Islamic Sciences
Selling the sample in Islamic law and its contemporary applications
...Show More Authors

Praise be to God, who taught with the pen, taught man what he did not know, and may blessings and peace be upon our master Muhammad, may God bless him and grant him peace, and upon all his family and companions.
As for after......
The science of financial transactions is one of the important topics that Muslims must need at all times and places, due to its great importance in clarifying the ruling of the Shari’ah on contemporary financial issues.
The jurists, may God have mercy on them, have spoken about financial issues in all their aspects in detail, as in the Book of Sales, whether in terms of the validity of the sale, its invalidity, or its invalidity, i.e., the invalidity of the sale. Among these issues is the issue of th

... Show More
View Publication Preview PDF
Publication Date
Sun Jul 17 2022
Journal Name
Al–bahith Al–a'alami
Media awareness and its role in building the student's personality
...Show More Authors

The problem of the study crystallized in the following main question: What is the role of media awareness in building the student’s personality according to the opinions of a sample of middle school students? The importance of the research derives from the importance of media awareness being an important variable in building the student’s personality. The sample size was (50) students at Al-Kadhimiya Al-Sabahiya Preparatory School for Boys. In this research, a scale was used to measure the role of media awareness in building personality through (16) items on three axes (cognitive, skill, emotional), and the validity and reliability of this scale were extracted, and the results showed the following:

 

... Show More
View Publication Preview PDF
Crossref
Publication Date
Wed Oct 05 2016
Journal Name
Al-academy
Numbers and Its Uses in the Al-Abbass Holy Shrine
...Show More Authors

The present research studies numbers and its uses in the Islamic ornament. The study consists of four chapters; the first is dedicated to the problem of the research, the value of the study, and the aim of the study, and its limit. The problem of the study deals with the uses of numbers in Islamic ornament and how these numbers were used for aesthetic purposes. What are the analytical bases that enable us to read the geometrical compositions ornament numerically? The value of the research is the study forms an analytical and visual study of the numbers in the Islamic ornamentation. Additionally, this study is an aesthetic assessment to the philosophy of the number and its uses in Islamic architecture. The study is limited to the ornament

... Show More
View Publication Preview PDF
Crossref
Publication Date
Fri Aug 01 2014
Journal Name
Journal Of Economics And Administrative Sciences
The phenomenon of Corruption and its impact on the growing problem of Unemployment in Iraq after a year ( 2003 ).
...Show More Authors

        Corruption is a phenomenon that exists in all times and places, they appear in the developing countries and in developed countries, and in all political systems. And its repercussions and economic repercussions on the society in which it is rampant, and lead to the undermining of economic development and obstruction, is also working on increasing poverty and unemployment, as well as its role in the worsening of social problems, and political instability. And corruption is deviant behavior is illegal and contrary to the teachings of the religious and moral values. The emergence of this phenomenon is due to several reasons, including political, economic, social and cultura

... Show More
View Publication Preview PDF
Crossref
Publication Date
Wed Apr 01 2015
Journal Name
Journal Of Economics And Administrative Sciences
Public expenditures transferring and its role in the redistribution of income with particular reference to the experiences of elected
...Show More Authors

After the success of the reforms Keynesian save the capitalist system from collapse and to apply the concepts of state intervention in economic activity in order to revive aggregate demand to achieve the purposes of macro-economic policies which draw their scope of economic (John Keynes) theory of effective demand, which created the new role of the state away from the classical concepts. Valley transmission role of the State of (State Guardian) to the process of state overlapping that increased and social functions have become responsible for raising the standard of living of classes with limited incomes, in particular, and the rest of the classes in general, through the expansion of the delivery of public servic

... Show More
View Publication Preview PDF
Crossref