In bilateral contracts, if one of the contracting parties does not fully perform his obligation the other contracting party may ask the court to rescission the contract in full, but the failure to perform may be limited to part of his obligation, then the following question arises: Can the contract be partially rescission  ? It is noted that there is a great jurisprudential and judicial disagreement on this subject, And we ended up saying ​that it is not permissible for a court to order on partial rescission  without the approval of the creditor, because the judgment of partial rescission  requires to compel the creditor to accept partial payment, which is rejected under Article (392) of the Iraqi Civil law.

يتناول البحث فكرة الفسخ المبتسر للعقد من حيث امكانية او عدم امكانية الحكم بهما مجتمعين ومدى تلازمهما

First of all, The annulment raises scientific and practical problems that reflect its peculiarity, as it relates to how the judge faces the dispute in a case in which reconciliation between the litigants took place, and what can be attributed to the judge’s judgment in this regard, whether that estimate is related to the factual elements in the case or the objective elements and their approach With the circumstances surrounding the dispute, and considering the possibility of applying the provisions of annulment established in the general rules, which is not easy in all cases due to the special nature of annulment in the conciliation contract, it is necessary to clarify the role that the judge plays, and his use of his legal tools that

For the premature termination of the contract is the creditor’s ability to request the termination of the contract due to the debtor’s breach of the execution date based on the debtor’s explicitness not to perform upon the occurrence of this date or because of a presumption proving that breach. Or return it to the extent of the creditor’s ability to prove what he claims, and thus the burden of proof falls on the creditor.

There is no difficulty in proving the debtor's declaration of non-performance, but the difficulty lies in proving the perceived breach in the future, that is, the creditor concludes earlier on the date of implementation that the debtor will breach his obligation and therefore the creditor does not obtain

يتناول البحث جزئية من جزئيات موضوع الفسخ المبتسر للعقد

The research dealt with a comparative study between some semi-parametric estimation methods to the Partial linear Single Index Model using simulation. There are two approaches to model estimation two-stage procedure and MADE to estimate this model. Simulations were used to study the finite sample performance of estimating methods based on different Single Index models, error variances, and different sample sizes , and the mean average squared errors were used as a comparison criterion between the methods were used. The results showed a preference for the two-stage procedure depending on all the cases that were used

The international humanitarian intervention regardless its legitimacy and illegitimacy aims at using the armed and unarmed force to Protect the rights of the human being and his/ her fundamental freedom when heavy violations may occur for these rights and the interferences features and their development appeared during the period that happened after the cold war as well as the establishment of the new international system the is based on the respect of the human rights to achieve the global peace and security.

The international practices proved that the international humanitarian intervention which have been practiced do not rely on any legal justification and sometimes it forms assault against the states' rights and their intern

تتعدد الافعال الضارة التي تقع من المخمورين وهم في تلك الحالة، ولاسيما تلك الناشئة عن حوادث السيارات، إذ يشهد العالم يوميا عشرات بل المئات من حوادث السيارات بسبب تناول المشروبات الكحولية، وكثيرا ما تفضي تلك الحوادث الى اصابات خطرة قد تصل الى وفاة السائق المخمور ومن معه في السيارة فضلا عن الاشخاص الاخرين المتواجدين في السيارات الاخرى التي يقع معها الحادث او المشاة في الشارع، الى جانب الاضرار التي تلحق بالممتل

    There are many harmful acts that occur from drunkards in this case, especially those resulting from car accidents. The world is witnessing dozens or even hundreds of car accidents due to alcohol consumption. These accidents often result in serious injuries that could lead to the death of the drunk driver and those in the car As well as other persons present in the other vehicles with which the incident occurred or pedestrians on the street, as well as damage to private or public property, and if the order of return of the affected persons on the pretext of civil liability (tort) is made as a direct cause of the harmful act, Is entitled Do they like this refer to the liquor seller or their provider as the culprit? Or ar

According to this contract, it is agreed to postpone the receipt and payment the price to a specific time to be agreed upon, which is in fact the settlement of the difference between the price of the contract on the day of the conclusion and its price on the settlement day.A future contract in this understand shall be a negotiable security in the organized markets, where the seller or the buyer shall replace the seller or the purchaser in their legal status with another person, regardless of the consent of the other party. The Iraqi legislator organized the future contract in many acts because of its importance.