يتناول البحث جزئية من جزئيات موضوع الفسخ المبتسر للعقد
ان العقد – في تكوينه – عبارة عن اتفاق ارادتين من اجل احداث اثر قانوني معين ، بيد ان العقد نفسه – في آثاره – يخضع لمجموع الالتزامات التي تشكلت طبقاً لما انصرفت اليه ارادة طرفيه ، فضلاً عمّا تيسّر من احكام اخرى فرضها المشرع او العرف او العدالة او مبادئ حسن النية .
يتناول البحث مدى المسؤولية المدنية المترتبة على وزارة الداخلية عن اعمال منتسبيها
يتناول البحث الاخلال المسبق واثره في تنفيذ الالتزام العقدي على حساب المدين ـ دراسة مقارنة في القوانين المدنية والقانون الانكليزي
The 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.
Praise be to God, Lord of the worlds, and prayers and peace be upon the best of the messengers, Muhammad, and all his family and companions. And after:
For when I had the pleasure of looking at the chapters of the Noble Qur’an, and its evident signs, my view fell on one of its brightest verses, and it is the Almighty saying: ﭽﯜ ﯝ ﯞ ﯟ ﯠ ﯡ ﯢ ﯣ ﯤ ﯥ ﯦ ﯧ ﯨﭼ (). The tag: (God’s Greatness in Creating a Hoopoe). The research methodology required that I divide it into four sections:
The first topic: an overview of birds.
The second topic: the characteristics and characteristics of hoopoe.
The third topic: the logic of the bird.
The fourth topic: Praise the bird.
This has relied in my research on
Quasi-contract is considered as one of the well-established legal systems of the English Common law of customary origins, which is unwritten and based upon judicial precedents of the English courts. It is worth-bearing in mind that the legal basis of quasi-contract passed into two different stages: in the first stage the English judicature, supported by some juristic opinions regarded it as an implied Contract made by courts to prevent one party from being unjustly enriched at the expense of the other. Whereas in the second stage the English judicature considered it as an independent source of obligation، based upon the law of restitution. and having nothing to do with the law of contract. The Iraqi civil law No. (40) of 1951 regulated
... Show MoreThe researcher of human history finds that the first social relations on earth were represented by the violence of Adam, peace be upon him, Cain and Abel. Violence has been a phenomenon of life and society. The history of history is full of all forms of violence and its forms. It speaks of cruelty, oppression and states. History began, in some of its chapters, written with the blood of the victims. It is a testimony to the cruelty of human beings. His human nature and his sin have played a major role that can not be overlooked in the development of important and fundamental developments in some historical turning points where violence was a necessity for life, and its launching change, renewal and reform, and major revolutions in human h
... Show MoreMedia, especially press plays an important role in fighting corruption and tackling this phenomenon, which has become widespread in our society, through its effective role in raising awareness of the seriousness of spreading of corruption of all its forms in society.
All international conventions and agreements stress the necessity of the role of media and its importance in the light of corruption. All countries also commit themselves to the necessity of guaranteeing the freedom of media and the circulation of information and preparing it as a prerequisite for activating the People’s Control Mechanism and supporting measures and means to prevent and combat financial and administrative corruption more actively and effectively.
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يعد موضوع المحل من المواضيع الشائكة في القانون المدني ، اذ ان هذا الموضوع رغم قدمه الا انه لازال يمثل ارضا خصبة للبحث ، اذ يوجد خلاف حول تحديد الكائن القانوني الذي يعد المحل ركنا فيه ، حيث اختلفت التشريعات في هذه المسألة ، فبعض التشريعات تذهب الى ان المحل ركن في العقد ، وبعضها يذهب الى ان المحل ركن في الالتزام ، وبعضها يذهب الى ان المحل ركن في العقد وركن في الالتزام وقد انتقل هذا الخلاف الى الفقه فظهر فيه عدة اتج
... Show MoreThe topic of subject-matter is one of the thorny issues in civil law, as this topic despite its antiquity still represents a fertile ground for research , There is a dispute about the determination of the legal object in which subject-matter is element in it ,Where the legislation differs on this issue , Some legislation states that the subject matter is an element of a contract, and Some of them states that the subject matter is an element of an obligation, and Some of them states that the subject matter is an element of a contract and an obligation , This dispute has moved to jurisprudence, There were several directions in it , The research ended with us saying that the subject matter is an element of a contract.