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Civil Liability Arising from Children Abuse. A Comparative Study of American Law
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Researchers are interested in the issue of children abuse and they look for its cause in the past and present. Their interest is limited to identifying penal liability which is caused by children abuse away from focusing on civil liability. So, the study is going to clarify the parents' responsibility for children abuse rather than civil liability of the medic in case he wouldn’t notify the authorities about the case according to the American law rules and the attitude of Iraqi law rather than some judicial application of civil cases that were exposed to American judiciary concerning children abuse.

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Publication Date
Sat Jun 25 2022
Journal Name
Al-mağallaẗ Al-šāmilaẗ Li-l-ḥuqūq
The intention to harm others is one of the forms of abuse of the right - a study in the light of American law
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In a world of limited space, the owners are always surrounded by others next to them, and, consequently, there is hardly any activity which the owner may exercise on his land which would not affect the other owners. If he builds a building, that building may block the sun's rays or the air from the buildings next to it and owned by other people. And if he runs a business, the lands adjacent to that business may be overburdened with the accompanying noise or traffic. If oil is prospected in a land, the neighboring lands may be deprived of oil or their owners may be exposed to toxic fumes. Hence the importance of researching the intention of harming others, as it is one of the most important forms of abuse in the use of the right (especially

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Publication Date
Wed May 29 2019
Journal Name
Journal Of Legal Sciences
The factors affecting the standard of reasonableness to determine the negligence in the English law. A comparative analytical study with the Iraqi civil law
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   The Standard of reasonableness is considered as one of the objective standards adopted by the English Common law, to determine the standard of the care to be taken by the debtor of the obligation. And to ascertain the realization of the civil liability of negligence, the materialization of which requires four conditions. That is to say,  the imposition of the duty of care to the defendant, the beach of the duty of care, the damage befalling the plaintiff, and the causation or causal link between the tort of negligence and the damage.  It is also worth-bearing in mind that the forms of the  Standard of reasonableness are variate in the English law to meet the different circumstances arising from the variation o

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Publication Date
Wed May 29 2019
Journal Name
Journal Of Legal Sciences
The Methodology of UAETrans Civil Actions Law Concerning Tort: An Analytical Comparative Study in Islamic Jurisprudence
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This paper deals with the position of the UAE Civil Transactions Law No. 5 of 1985 on the harmful act and how it dealt with this subject, and we know that the direct historical source of the civil transactions law is the Jordanian Civil Code. Some texts are quoted literally from this law. The Jordanian civil law is clearly influenced by the jurisprudence of Hanafi and the jurisprudential jurisprudence, while the general orientation of the UAE legislator is to adopt the most appropriate solutions in the jurisprudence with the introduction of the Maliki and Hanbali and Hanafi and Shafei, in the absence of legislation to rule the matter, the authors of the law The United Arab Emirates have changed some of the texts passed on to the Jordania

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Publication Date
Fri Dec 01 2017
Journal Name
Journal Of Legal Sciences
Damage to civil liability for aircraft accidents
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That it is reasonable to assume that the repossive damage is the result of tort liability, but this has raised in our minds the question of the extent to which the damage arising from the liability may arise, not only from tort liability, and from the possibility that the damage is direct and not indirect, It is possible to try to prove that the injured person can be compensated for recidivism as a result of the realization of contractual liability in general, with a focus on achieving the contractual liability of the air carrier in particular.

Consequently, the study has worked to clarify the intentional damage to aircraft accidents and to distinguish between the liability of the carrier to the passenger as the original victim o

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Publication Date
Sun Sep 01 2019
Journal Name
Journal Of Legal Sciences
Amend the civil liability provisions of the consultant
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اذا تم العقد بين الاستشاري وعميله مستكملا لأركانه وشروطه، افاد حكمه، أي الزم طرفيه بالتزامات معينة تجسد هذا الحكم ولا سبيل للتنصل من هذه الالتزامات او تعديلها الا اذا اتفق الطرفان على ذلك، فللعقد قوته الملزمة للطرفين التي تتجسد في جزاء الاخلال به ( المسؤولية العقدية )، وحيث ان القواعد العامة للمسؤولية العقدية ليست من النظام العام، يجوز عندئذ الاتفاق على تعديلها في حدود النظام العام والاداب1. لذلك وللت

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Publication Date
Thu Jun 15 2023
Journal Name
Journal Of Legal Sciences
The Reliance Damages for Depending Upon the Contract - An Analytical Comparative Study with the Iraqi Civil Law
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The reliance damages for depending upon the contract are considered as a type of damages arising from the breach of the contract, which are included within the common law remedies for the damage and loss suffered by the non-breaching party. It is worth-bearing in mind that the reliance damages are monetary in nature, and different from such equitable remedies as the specific performance and the injunction which are of real nature. It is to be noted that this piece of research is dedicated to study the concept of the reliance damages in the English law, as well as their states, the judicial doctrines upon which this type of damages is based, and the manner how the courts estimate them. Compared with situation of the Iraqi civil law No. (4

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Publication Date
Wed Feb 10 2021
Journal Name
مجلة العلوم القانونية
The Civil liability of tobacco companies for smoking damage
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Tobacco products of all kinds are harmful to public health, so legislation has paid great attention to regulating the process of tobacco production and distribution, whether at the level of national or international legislation, in a way that achieves legal protection for these products, so the establishment of civil liability for tobacco companies as a result of harm to the smoker The positive and the negative provoked a jurisprudential dispute due to the specificity of the work of these companies, and the jurisprudence differed in the legal nature of tobacco companies ’liability between contractual and tort liability in a way that enables the injured smoker to obtain his right to compensation.

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Publication Date
Wed Feb 10 2021
Journal Name
Journal Of Legal Sciences
The Civil liability of tobacco companies for smoking damage
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     Tobacco products of all kinds are harmful to public health, so legislation has paid great attention to regulating the process of tobacco production and distribution, whether at the level of national or international legislation, in a way that achieves legal protection for these products, so the establishment of civil liability for tobacco companies as a result of harm to the smoker The positive and the negative provoked a jurisprudential dispute due to the specificity of the work of these companies, and the jurisprudence differed in the legal nature of tobacco companies ’liability between contractual and tort liability in a way that enables the injured smoker to obtain his right to compensation.

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Publication Date
Sat Sep 30 2017
Journal Name
College Of Islamic Sciences
Ruling on questioning children by the security authorities: (Comparative Study between Sharia and Law)
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Some of the issues that have become common in our society recently after the Americans entered our country and were rubbed by some security agencies: obtaining some information from children, and the serious consequences that may lead to the lives of innocent people, became common interrogation of some security agencies and rely on their words.
There are significant cases where their testimony needs to be heard, such as their presence in some places where incidents are not witnessed by others, such as schools or being witnesses to certain crimes.
I saw the study of this case in the light of Sharia and law

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Publication Date
Tue Oct 29 2019
Journal Name
Journal Of Legal Sciences
Remedies breach content of contract Study in French law according to the Decree 131-2016 and the preliminary draft amendment to the Civil Liability Act of 2017
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The Contracts must be executed according to their content. Therefore, the parties must fulfill their obligations as stipulated in the contract content. If one of them Do not execute his obligations, his contractual responsibility is to breach the contractual content of his contract.

This principle does not differ in law, but the difference lies in what is wrong or not, as well as different ways to address this breach.

The breach is not limited to the failure of the parties to fulfill the obligations under the contract, but the description of the breach applies to the cases of non-implementation of obligations not mentioned in the contract - secondary obligations - and the liability is also contractual, by virtue of chargi

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