الأحكام القانونية للجرف القاري في القانون الدولي
This study is about the subject of exclusion of the application of foreign law as it violates the Islamic Sharia law in terms of Article (27) of the UAE Civil Transactions Law as amended in 2020, which before that date included all disputes involving a foreigner. According to the amendment referred to, the application of Islamic Sharia law shall be limited to civil transactions with the exclusion of personal status affairs.
The study concluded with many results, the most important of which is that the current text of Article (27) of the Civil Transactions Law as amended in 2020 is unable to explain what the judge may do in cases where the foreign law jurisdiction is referred to in one of the excluded texts, namely those related t
... Show MoreThe Iraqi people were subjected to the most brutal crime in the history of humanity when ISIS violated the rights system and targeted women, children, civilians, minorities, religion, belief and the right to education and committed many crimes of genocide and crimes against humanity and the abandonment of millions of citizens and the recruitment of thousands of children, which constituted a flagrant violation of human rights and international law It emphasizes the gravity of the threat to international peace and security by the organization and its associated individuals, groups, institutions and entities, including foreign terrorist fighters.
That the legal characterization
... Show MoreThe guarantee has been known since ancient times as the most widely used personal guarantee, whether at the commercial or civil business level, internally and externally. However, it suffered from weaknesses from the point of view of creditors. In search of a safer personal guarantee, and based on contractual freedom, independent guarantees arose, starting with practice, followed by the stage of legislative regulation.
This type of new guarantees is based on the principle of independence. The independent guarantor, who is the debtor of the guarantee, is bound by a personal guarantee originating in the contract with the inability to adhere to defenses, which constitutes an advantage that tempts creditors, and the well-known legal
... Show MoreThe investment contract that has a foreign element is considered amongst the contracts that have their legal and international economical weight, for what it represents in all countries’ economies, and achieving progress in many fields that investment has its effects on their growth and establishment as its at the centre of everyone’s attention. As well as that the variety in opinions and the presence of differences in the contents of these contracts, and the confusion between them and other international contracts, and the considerable interest jurists have in them have all led to not having a legal definition for them, as most definitions the describe them are more economical than they are legal, and the reason for that is that law
... Show MoreResearches military crimes is important and dangerous and it is important in it is violation of the obligation and all forms military order in all, it is dangerous because it affects the interests of the armed forces , military crime is a loophole whose effects are not tangible in normal circumstances however ,in the crises and wars ,they have serious dimensions , one of the most dangerous and crimes is the crime of fleeing and because the great importance of this crime will be dealt with in two section will be devoted the first of the concept of the crime of fleeing and the second will address the legal concept of this crime.
The financial violation must be defined as a concept for the purpose of distinguishing this concept from other terms that may be suspected in the context of the job and the violations of the financial employee that may be disciplinary or even punitive. From Egypt and Iraq, in addition to addressing the doctrinal aspect in the two countries above and the extent to which the specialized jurists dealt with the statement of financial violations, or even highlighting images that could be considered that the violation committed by the financial employee falls under the framework of the financial violation. Which may result in a financial violation by the financial employee, and we touched upon the request of him to indicate the financial viola
... Show MoreQuasi-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 MoreRepresents the period of suspicion period between start date stop payment and date of issuance of the rule of bankruptcy, and that behavior performed by the merchant debtor in this period is the behaviors suspicious. Once to stop the merchant debtor to pay its debts makes his action marred by disorder. as it may harm creditors or a preference for each of other because it feels along of bankruptcy or it may oversaw so distrust legislator of his action in this period which is the most dangerous periods and most dangerous on creditors , the legislator stipulated that action issued by the debtor during this period should be null void the aim of the legislator is to protect the creditor community and that the non-exhaustion of the dispo
... Show MoreThe economic tortious liability in the English law is based upon economic Torts are considered as a type of the ancient and deep-rooted torts, aiming at breaching the rules of legal and equitable trade competition. and which are included in the customary English law of torts, based upon the judicial precedents decided by English courts. It is worth-bearing in mind that the economic torts are classified into two main types. That is to say, the general economic torts and the misrepresentation economic torts. Whereas the Iraqi legislator left the regulation of the illegal competition to the general rules of the delictual liability in the Iraqi civil law No. (40) of 1951.
Every mental action has a clear approach resulting from a sequence of thinking towards the goal to be achieved, and in order that the legal rule - to be developed - finds its acceptance by the highest degree criminal courts, and in order that it is adopted by the legislator, the criminal judge should adopt a certain methodology that matches his work. The developed judge is the one who keeps trying to harmonize the text with the new reality, and by doing this he may oppose the direction of the higher courts, but he convinces them through all the mental procedures and processes to show a “truth” on which the best solutions can be built.