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.
DBN Rashid, Al- Utroha Journal, 2018
The existence of contractual responsibility, together with civil liability, provoked a profound disagreement in jurisprudence that amounted to a claim to renounce the traditional division between the two responsibilities, and to adhere to uniform rules governing civil liability provisions. These calls have increased and culminated in the writings of the scholar Philip Remy, who explicitly called to the abolition of contractual responsibility, therefore, this research is an attempt to review the modern doctrinal views that denied the existence of contractual responsibility as an independent system Beside civil liability, and to demonstrate the validity to benefit from them in the development of our legislative systems and God conciliator.
... Show MoreThe contracts in restraint of trade are considered as void contracts according to the English common law, that is to say, they are prima facie void. Because their voidness is presumed and based upon a rebuttable presumption that these contracts are contrary to the public policy in principle. Owing to the unreasonableness of the Restraint of Trade conditions or terms in which they are included. But if it is proved that they satisfy the requirements of reasonableness, in accordance with the contracting parties, and both the temporal and spatial extent of their coming into effect, as well as the public interest. The court will validate them. It is also worth-bearing in mind that this type of contracts fall under contracts void at comm
... Show MoreDespite the principle of separation of powers brought by the French Revolution, which entrusted the task of drafting legislation and its amendment to the legislative authority and the task of settling disputes and settling them in the judiciary. However, since that date, the French judiciary has played a major role in the development of French civil law (In spite of all the economic and social developments that have taken place in French society throughout these years) since its promulgation until February of 2016, the date of the Legislative Decree No. 131 of the year 2016 A modification is the largest in the history of the French Civil Code (which was the judicial precedents in which a significant impact), was assisted by the French ju
... Show MoreDespite the principle of separation of powers brought by the French Revolution, which entrusted the task of drafting legislation and its amendment to the legislative authority and the task of settling disputes and settling them in the judiciary. However, since that date, the French judiciary has played a major role in the development of French civil law (In spite of all the economic and social developments that have taken place in French society throughout these years) since its promulgation until February of 2016, the date of the Legislative Decree No. 131 of the year 2016 A modification is the largest in the history of the French Civil Code (which was the judicial precedents in which a significant impact), was assisted by the French judic
... Show MoreEmily Bronte is born in Yorkshire on 30 July 1818. Her father, Rev. Patrick Bronte, is a man of intelligence and determination which enables him to gain an admission as a sizar to 81. John's Cambridge in 1802. He has six children where Emily is the fifth. The mother is a young beautiful girl who belong to an important family. Both Emily's parents try to teach
Their children well, support them all the time and elevate them to
"-.../
high levels. This causes an eagerness towards reading and writing, but the happiness of the children is affected by the sickness and later on by the death of their mother in 1821. After that things would
... Show MoreThe legal system of found property is considered as a reason or method of preliminary acquisition of ownership, as well as two other reasons, that is to say, the fixture of personal chattels, and the adverse possession, resting on the principles of equity, and included within the English common law of customary origins, which is unwritten and based upon judicial precedents of the English courts, equity and later legislations. It is worth-bearing in mind that the found property is the lost property on which the finder enjoys more rights than all other people, except its original owner. It is also worth-mentioning that the treasure trove is considered as found property in the English law. and it is any object at least 300 years old when fo
... Show MoreThis research discussed the role of the UAE high courts in interpreting the legal texts governing the objective civil protection for the injured due to medical errors. It utilized many issued judgments and concluded the importance of these rulings in interpreting the legal texts provided in the relevant legislation. Also, it emphasized the impact of these provisions on the legislative amendments recently made by the UAE legislator, namely the Medical Liability Law No. 4 of 2016 and its Executive Regulation No. 40 of 2019. Although the UAE law does not follow the case law system, this study proved the commitment of the lower courts to the judicial principles issued by these higher courts. The first part highlighted the concept of medical
... Show MoreThe exception of contract non-Performance represents an important mechanism in the implementation of obligations. It enables a contractor to refrain from implementing its obligation until the other party has fulfilled its obligations. It is a means of defense, pressure and guarantee of its rights. It is stipulated in articles 161 of the Egyptian Civil Code and Article 123 of the Civil Code While it was not provided for in the French Civil Code except after the issuance of Order No. 2016-131 on the reform of the system of contracts and public order and the establishment of obligations in articles 1217, 1219 and 1220 thereof. These texts, although they did not show the basis on which the exception of contract non-Performance, leaving this
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