Preferred Language
Articles
/
jcois-978
The wisdom of establishing the right by testimony in jurisprudence and law
...Show More Authors

 

Abstract

Islam has been concerned with preserving and maintaining rights, so the provisions in which it is preserved are legislated. Among that  is the testimony that made it a way to prove the truth and obliges its bearer to fulfill right in order to preserve the right and establish justice and prevent injustices by defying conflict, and tyranny .

And while acknowledging that divine absolute wisdom that is the cause and origin of legal rulings is sufficient, it is obligatory to abide by its provisions and imposes obedience, surrender, contentment and work in accordance with its controls.

However, the realization of the defects behind the legislation in a comprehensive way that realizes the developments of rules and  additions and divergences of days in human transactions and commitment covenants.

Our research was an attempt to realize the wisdom of legalizing  testimony and presenting it in proving the right to jurisprudence.

View Publication Preview PDF
Quick Preview PDF
Publication Date
Wed Jun 15 2022
Journal Name
Journal Of Legal Sciences
Catering Contract of Restaurants in the English Law. A Comparative Analytical Study with Iraqi Civil Law
...Show More Authors

The Catering contract is considered as a type of hospitality contracts in the English common law of customary origins. Which is unwritten and based upon judicial precedents of the English courts. It is a complex contract of mixed nature، Is Regarded as a contract for the sale of meals of food and drink،, and is considered as a contract for supply of services concerning the preparation of food and drink، for providing them to the customer، as well as being a bailment contract. It is worth-bearing in mind that this contract is subject to the rules of three important English legislations: The Sale of Goods Act 1979، The Supply of Goods and Services 1982، The Consumer Protection Act 1987، and The Consumer Rights Act 2015. It is also w

... Show More
View Publication Preview PDF
Crossref
Publication Date
Fri Sep 02 2022
Journal Name
Journal Of Legal Sciences
The criterion of dependency in civil law : Comparative Study
...Show More Authors

The dependency means the existence of a subordinate to whom a dependant is attached and extends his judgment to him, being and nothing, Dependency has elements that must be available to achieve the dependency relationship, which is the existence of dependent and master with a link join the first to the second, and dependency may be between two obligations, between two rights, or between two things, And we suggested the nature of the obligation as a criterion for verifying the existence of dependency , Which requires the subordinate's attachment to the master with a permanent fateful bond so that one of them does not separate from the other, for the existence of the follower is associated with the existence of the master and it does not e

... Show More
View Publication Preview PDF
Crossref
Publication Date
Wed Dec 29 2021
Journal Name
Journal Of Legal Sciences
The Concept of Obligations Erga Omnes in International Law
...Show More Authors

The International Court of Justice, as the main judicial organ of the United Nations in its ruling on the Barcelona Traction case, raised the concept of obligations Erga Omnes in international law, but this Latin term Erga Omnes has been used with different meanings and connotations. Through the extrapolation of the jurisprudence of the International Court of Justice, we note that it used the term In the context of its traditional meaning of expressing issues related to protest and legal interest at times, and the issue of international law enforcement at other times, it also used the same term to justify the application of the effects of some international treaties on states that are not party to it, or the application

... Show More
View Publication Preview PDF
Crossref
Publication Date
Sun Dec 31 2023
Journal Name
Revue Académique De La Recherche Juridique
Humanizing the provisions of the law: (the case of winter truce in France)
...Show More Authors

Since the law is the tool for implementing the state’s public policies, it is natural that its provisions (or at least some of them) seek to preserve human dignity as the source on which all rights and freedoms are based. One of the examples of humanizing the provisions of the law in France is what is known as the winter truce. What is this truce, what are the justifications for granting it, what is its historical origin, how did the legislative treatment of it develop, what are the similarities and differences between it and other legal periods included in French law, what is the scope of its application, and what are the effects resulting from it. These questions and others are what we will try to answer through this research.

View Publication
Publication Date
Wed Dec 29 2021
Journal Name
Journal Of Legal Sciences
Conditions and procedures for the establishment of political parties in Iraqi law
...Show More Authors

The establishment of political parties in Iraqi law is subject to several conditions, including the conditions related to the principles and objectives of the parties and the conditions related to membership in the parties, as well as the establishment of a number of procedures. These conditions and procedures are governed by the Political Parties Law No. (36) of the year 2015, And another represents a restriction on the freedom to establish political parties and graduated from the framework of the organization authorized by the ordinary legislator under the constitutional assignment under the text of Article (39) of the Constitution to restrict and confiscation of the freedom to establish political parties, and we have finished through

... Show More
View Publication Preview PDF
Crossref
Publication Date
Fri Dec 31 2021
Journal Name
Journal Of Legal Sciences
The legal basis for the right to the city (a comparative study)
...Show More Authors

The issue of human rights occupies great importance on the academia as well as in the reality, especially after the spread of ideas related to these rights on one hand and the large number of violations they are exposed to on the other hand, which makes it necessary to develop fundamental solutions to the remove the obstacles of implementing human rights.

      In this research entitled (The Legal Basis of the Right to the City: A Comparative Study) we dealt with a new concept of human rights and discussed the basis upon which it is based in international charters, constitutions and domestic laws.

View Publication Preview PDF
Crossref
Publication Date
Thu Oct 01 2020
Journal Name
Palarch's Journal Of Archaeology Of Egypt / Egyptology
THE JUDICAL BASIS FOR THE BRANCHING OUT OF CONSTITUTIONAL RIGHT
...Show More Authors

The bifurcation of the constitutional rights of one of the techniques used by the constitutional court to expand the scope of the constitutional right to explicit, and access to the fact that guarantees constitutional rights, and establishes the constitutional elimination of this technique on a particular bond is the constitutional terms of reference, and in the light of his discretion in the exercise of the constitutional powers of , and tends at times To the adoption of a broad branching approach, which confers on the constitutional text containing constitutional rights a wider scope than the scope of an explicit right.

View Publication
Publication Date
Wed May 17 2023
Journal Name
College Of Islamic Sciences
The husband's right to discipline his wife
...Show More Authors

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 More
View Publication Preview PDF
Publication Date
Fri Sep 02 2022
Journal Name
Journal Of Legal Sciences
The competent authority to regulate the residency of a foreigner in the Iraqi and comparative law
...Show More Authors

        The authority of the state to regulate the entry and residence of foreigners to it is characterized by a great deal of freedom, and it is limited only by the rules of international law that impose on states to respect the minimum standard in the treatment of foreigners, in order to achieve the optimum protection of human rights, regardless of the society in which they live, without consideration. Regarding his nationality or his country of origin, and whatever that may be, the foreigner has now become one of those addressed by the provisions of the law of the country in which he resides, and he enjoys the rights guaranteed by his human being, without regard to his country and nationality, in oth

... Show More
View Publication Preview PDF
Crossref
Publication Date
Tue Jun 01 2021
Journal Name
Political Sciences Journal
The European Union and the Extremist Right Phenomenon: Brexit as a Model
...Show More Authors

The European Unit has never been affected by a serious phenomena as the phenomena of the advancing of the far right parties. Though these parties vary in their impact in their original countries, they agree on one important issue which is the deconstruction of the European unit and limiting its supernational powers. These increasing popular parties aim at more national independence in decision making away from the decisions taken by Brussels. Moreover, they criticize the financial and administrative corruption accompanied many of the rescuing procedures directed for example towards countries like Greece and Spain during the international economic crisis. This failure nourishes many of the negative feelings against the European unit which

... Show More
View Publication Preview PDF
Crossref