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الخطأ المضمر في نطاق المسؤولية الطبيةدراسة معززة بالقرارات القضائية (فرنسا-العراق) انموذجا

يقوم الخطأ المضمر على فكرة مبناها استنتاج الخطأ من وقوع الضرر، منشئاً بذلك قرينة قانونية بسيطة للمدعي (المضرور) تعفيه من اثبات خطأ المدعى عليه (المسؤول)، وهذا الافتراض في الاساس فكرة قضائية وجدت لمساعدة المضرور في الحصول على التعويض في حالة عدم تمكنه من تحديد خطأ المسؤول ، الا انه افتراضٌ قابلٌ لإثبات العكس من خلال نفي اي خطأ صادر عن المدعى عليه ، ويمكن نفيه ايضاً بإثبات انقطاع السببية بين الخطأ المضمر والضرر ، كثبوت وجود قوة قاهرة أو حادث فجائي أو حتى خطأ الغير. وبسبب خصوصية الخطأ فإن الآراء حول التعويض عنه غير مستقرة ومتأرجحة بين القبول والرفض .

Publication Date
Mon Dec 25 2023
Journal Name
Journal Of Legal Sciences
The supervisory jurisdiction of the Federal Supreme Court in Iraq

The constitution  occupies the highest rank in the legislative hierarchy, as its rules are considered the highest rules in the entire legal system, and accordingly it follows that the competent authority in legislation respects the constitution and does not violate it, and in other words, the legislation that is issued by it should be constitutional, i. Modern constitutional documents in many countries have organized the issue of creating oversight over the work of those authorities, and this oversight may be judicial when it is exercised by the judiciary, and it may be non-judicial when entrusted to other bodies, and judicial oversight is achieved through an original lawsuit filed to challenge the A law or regulation before a Supre

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Publication Date
Sat Apr 27 2019
Journal Name
Journal Of Legal Sciences
Legal ways to reform the tax system in Iraq

The purpose of the state of tax is not only to achieve financial goals but also economic, social and other goals. And if the Iraqi state's orientation today in all its legislative, executive and independent institutions towards maximizing its tax resources, this goal can only be achieved through several legal means in reforming the tax system. This is what we discussed in the research of the six discussions. The first represents the unification of the various tax legislations in one law or two laws. Achieves clarity, certainty, justice and convenience. The second is the unification of the tax appeal bodies in a stable judicial system, the provisions and procedures that work on the consideration of tax deductions of any kind in a way that

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Publication Date
Sat Jan 05 2019
Journal Name
Journal Of Planner And Development
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Publication Date
Wed Oct 30 2019
Journal Name
Journal Of Legal Sciences
Quantitive specialty of supreme administrative court in Iraq

The supreme administrative  court has been constituted under  law  no.17  for 2013  ,the fifth amendment of the state consultive  council  no.65  for 1979 .it's constitutions is regarded  as a quantitive  development  on the level  of administrative  judiciary  in  Iraq ,for  the purpose of  fulfilling the requirements of  the  dual  judicial  system ,Which demands it's existence on the head of  the administrative courts besides ,it's  constitution  has settled the situation and  disassemble the interference  and  the overlap in the specialty of  the administrative judiciary and constitutional judici

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Publication Date
Wed Feb 20 2019
Journal Name
Political Sciences Journal
The American vision of the Non-governmental Organizations in Iraq

The American vision of the Non-governmental Organizations in Iraq the topic area of that’s paper dealing with Civil Society as concept and practice, its already consider as Western concept and associated with liberalism and political development, they are many definitions of its but most significantly is all organizations, agencies, trade unions and non-governmental institutions, that’s agencies were established after 2003 and received funds from United States and UN development agencies. The non- governments organizations played a significant role as support and develop many cultural, healthy, educational, and social projects, also that’s organizations try to reduction the effects of terrorists actions especially after ISI

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Publication Date
Thu Oct 01 2015
Journal Name
Journal Of The Faculty Of Medicine Baghdad
Exposure to violence and academic achievement in Iraq

Background: Iraqis were exposed to wars, widespread violence and civil war. Post-traumatic stress disorder develops after exposure to trauma and violence. It has a negative effect on academic achievement of the students.
Objective: This report was carried out to study the effect of exposure to violence on academic achievement of youths in Iraq.
Methods: A total of 319 university students from Baghdad were included in the study. Their age ranged between 18 and 24 years with male to female ratio of 0.6:1. A questionnaire was filled for each participant. Requested data were demographic information, data on school achievement and Harvard Trauma questionnaire (exposure to war trauma, posttraumatic stress disorder “PTSD”). Chi square

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Publication Date
Wed Jan 06 2021
Journal Name
Journal Of Planner And Development
Sustainable architecture and rural housing in Iraq

Old Iraq includes the first experiences in establishing the first residential settlements in the Mesopotamian, and model villages designed and the pulp units in it and their natural matter, that made it perennial, and construction continues until now with it. These experiences were the basis for the emergence of the Iraqi civilization and thus the world and the beginning of writing, trade and the religions of the divine since before history, and then the Sumerian, Babylonian and Assyrian civilizations, and their villages that formed the Fertile Crescent.

There is a lack of knowledge and disregard for the distant and near history of Iraq in the field of rural housing, despite Iraq's leadership in this field, with the aim of the re

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Publication Date
Sat Aug 20 2022
Journal Name
Journal Of Legal Sciences
The Privacy of public companies in Iraq: a comparative study

General companies are one of the methods that help managing general economic services. Countries have taken a step into this type of management because of the criticism-related to the different styles of managements. Criticism have been directed specifically at the direct type of management to such general economic services. Most of the Iraqi economic general services are being ran by this type of style; general type.

What has been agreed upon, whether in France, Egypt or Iraq has been that such establishments of general companies have to take place either by legislating a special order that states constructing a general company by the legislator or according to the law by authorizing law by the legislator to one of the local per

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Publication Date
Fri Dec 01 2017
Journal Name
Journal Of Economics And Administrative Sciences
Analysis the Impact of Corruption on Investment in Iraq

There are different types of corruptions such as administrative, political, economic and financial corruption. The corruption forms also varied such as bribery, nepotism and extortion. All types and forms of corruption play significant role in the all economic variables generally and on investments in particular, and the corruption used to be an intermediate means in reducing the rate of economic growth.  The corruption contributes in reducing the domestic investments via pay bribery by investors to officials’ persons for supplemental contracts and tenders which finally leads to reduction in the investment efficiency. The corruption also contributes in rise of operational costs for the investment projects.  In additio

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Publication Date
Tue Dec 16 2008
Journal Name
Journal Of Planner And Development
The system of urban stability in the Kurdistan Region of Iraq

The developing countries can be distinguished by spatial disparities and by this a wide gap between urban and rural settlements were produced as well as the appearance of primate cities. The effect of spatial development as a dynamic and continuous process can be perceived in the state of population distribution inside settlements inter and intra regions as well as the hierarchy of urban settlements according to time series. The research proved that the improvement judgment of the structure of the urban system using Gene factor is not accurate because it cannot be accounted for the internal components of the system which make a contrariety between the whole judgment (country) and partial components (Provinces including Sulaimaniy

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