يتناول البحث خصوصية حق الاختصاص
The right of jurisdiction is one of the legal systems related to the guarantee, which aims to give the creditor a position that favors him over other creditors. Jurisdiction in bona fide is a consequential real right over the real estate subject of jurisdiction, enabling him to collect his right ahead of all other ordinary creditors and owners of ancillary real rights, from the price of the real estate or any money that replaces it, and in whatever hands it is.
The right of jurisdiction, like the ancillary rights in rem, provides confidence to the creditor through his jurisdiction with a special guarantee that encourages him to grant credit to the debtor, by giving him a sufficient period for fulfillment, which is reflected in th
... Show Moreحق الاختصاص من الحقوق العينية التبعية التي لم ينظمها القانون المدني العراقي وقد تناول هذا البحث كيفية نفاذه في مواجهة الغير
خصوصية التراضي في عقود الاستهلاك
يتناول البحث خصوصية عقد المشاركة المنتهية بالتمليك
The contract of participation ended with ownership is considered as a new contract which preceded the legislations and accompanying the reality in which the parties of contract go into partnership in a certain project and sharing its profit and loss where any party shall own the project through buying the portion of the other party or parties from the incomes of that project or any other resources as a single payment or in form of payments as agreed.
This type of contract has special provisions that made us to choose the specialty of contract of participation that ended with ownership as a subject to be discussed in this research through three research works:
- The specialty of the concept of contract of participatio
The husband’s discipline of his wife is a right prescribed by the Sharia, but it is conditioned discipline with conditions that make this discipline intended to preserve the family institution from disintegration and scattering, so the Islamic Sharia entrusted the husband, the guardian of the family, with the task of disciplining the disobedient and disobedient wife and deviating from the family’s values and constants of mutual respect and obedience in what is good. And a sense of responsibility. This discipline goes through three sequential stages, starting with exhortation and dialogue, passing through abandonment in the beds, and ending with beating. As for the sermon, it is a quiet dialogue followed by a threat of abandonme
... Show MoreExercising the universal jurisdiction requires having in place some national legislations. If the legal principle is generally agreed upon at the international level, this does not prevent nations from passing some internal or local legislations that may enable the national courts to enforce the universal jurisdiction. Transcending the philosophical and theoretical frameworks of any principle will
This paper, entitled “The Conditions of Exercising Universal Jurisdiction: A Comparative Study”, tackles the conditions and requirements of exercising universal jurisdiction in both subjective and objective aspects, in the Iraqi penal code and the international laws under comparison.
The English judge while dealing with the contractual breach، takes into account an aim that the legal solution he makes consistent with justice. Such concept allows the judge to order for the specific enforcement of the debtor’s contractual obligation if the compensation was not a sufficient remedy to redress the damage resulting from that breach. However، the conditions imposed by the rules of justice and the impediments that make the technical scope of this remedy very limited in the positive aspect. And modest in his negative one '' injunction''. Despite of its complementary function among the remedies for contractual breach، specific enforcement in English law may affect legal consequences because of its unique nature، some of
... Show MoreThe 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
... Show MoreThe 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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