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 .
The amicus curiae is one of the judicial procedures adopted in many judicial and legal systems around the world, under which a person who is not a party to the case, and without having a personal and direct interest in it, intervenes to draw the court’s attention to many factual and legal aspects
It is necessary for police agencies both in the United States and elsewhere in the world to have rapid intervention units that carry out special tasks that regular police cannot handle, such as carrying out search warrants and arresting dangerous criminals, Armed robbery, release of hostages, terrorist incidents, mentally disturbed persons, and other special missions. They are supposed to be well trained, highly self-confident; working together, self-disciplined, and use the force to deal with the special situations they may face. Either there have been many cases in the United States of America against members of these units, personally or against the agencies, they work in because of excessive use of force in many cases that have been use
... Show Moreبعد الاحتجاجات التي اندلعت في ليبيا في فبراير 3122 ،استند مجلس الأمن وهيئات الأمم المتحدة الأخرى على مفهوم المسئولية عن الحماية (R2P )(لمعالجة الأوضاع الإنسانية الناجمة عن تلك الاحتجاجات. وأصدر المجلس القرار 1970والذي فرض بموجبه حزمة من العقوبات على ليبيا، ثم أصدر القرار 1973 الذي سمح بالتدخل العسكري هناك. وبعد البدء بتنفيذ الحملة العسكرية تبين أن الناتو استغل هذه القرارات لتنفيذ أجندته الخاصة وعمل على الإطاحة بالن
... 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 MoreThe study aims to indicate the role of the mechanisms and principles of corporate governance in the activation of social responsibility reports, and increase disclosure, to achieve sustainability, legitimacy, and integrity of the business. Through the presentation of the conceptual framework for corporate governance and social responsibility, identify the key dimensions of social responsibility and the statement of the relationship between the mechanisms of governance and social responsibility reports in accordance with these dimensions. To prove the hypothesis research has selected a sample of listed companies in the Iraqi market for securities,
... Show MoreAbstract
Praise be to Allah and prayers and peace be upon our Prophet, Muhammad, his family and all of his companions,
This research addresses the issue of judge's preaching to the litigants and witnesses; it is a very significant issue since the judge cannot know the insides and facts, but it issues judgments based on the hearings. Since people are originally wrong-doing and ignorant, they, therefore, commit injustice, oppression, false adversarial, and false testimony. However, some people can possibly retreat and return to the right, after being inattentive or recalcitrant, by preaching. This fact led scholars to talk about the judge's preaching to litigant and witnesses and this research is conducted
... Show MoreIn this research, the stopping power and range of protons in biological human soft and hard tissues (blood, brain, skeleton-cortical bone, and skin) of both child and adult are calculated at the energies ranging from 1MeV to 350 MeV. The data is collected from ICRU Report 46 and calculated the stopping power employing the Bethe formula. Moreover, the simple integration (continuous slowing down approximation) method is employed for calculating protons range at the target. Then, the stopping power and range of protons value in human tissues have been compared with the program called SRIM. Moreover, the results of the stopping power vs energy and the range vs energy have been presented graphically. Proper agreement is found between the gain
... Show MoreThe contractual imbalance is perceived today by the majority of the doctrine as being one of the pitfalls to the execution of the contracts. As a result, most legislations grant judges the power to intervene to restore it. Granting the judge the power to complete the contract raises the question of the extent to which the judge can obtain such power. Is it an absolute authority that is not limited? If so, is it a broad discretion in which the judge operates in his conscience, or is it a power of limited scope by specific legal texts and conventions? This is what we will try to answer in this research.
The subject of dumping is considering today one of the subjects in which form an obstruction arise in front of the cycle of growth for some countries , such as the study of dumping is capturing a large attention by the competent because either a big role and effect in growing the economies of nations then the subject of dumping became a field turn around its sides many measures and laws … and may be done resorting to by many states of the world to anti-dumping as approach of determent weapon delimit the impact of dumping and gives the national agriculture sector the opportunity for rising and growing so this section of international economics is capturing a special importance and represent in same time an important
... Show MoreHigh-intensity laser-produced plasma has been extensively investigated in many studies. In this demonstration, a new spectral range was observed in the resulted spectra from the laser-plasma interaction, which opens up new discussions for new light source generation. Moreover, the characterizations of plasma have been improved through the interaction process of laser-plasma. Three types of laser were incorporated in the measurements, continuous-wave CW He-Ne laser, CW diode green laser, pulse Nd: YAG laser. As the plasma system, DC glow discharge plasma under the vacuum chamber was considered in this research. The plasma spectral peaks were evaluated, where they refer to Nitrogen gas. The results indicated that the
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