The owner and possessor may meet in one person, thus who have these property they have its fruit. But in sometimes the owner is different than possessor, this happen in case the original owner succeeds in recovering his property or right. About that the legislations differed on the determination the person who deserves the fruits and whether the possessor is bona fide or mala fide. This paper is focused on the idea of the excluded from the rule of possession of the thing. And the applications of the rule (acquisition by possession) that belong to modern Roman law also the standpoint of Iraqi law.
The exception of contract non-Performance represents an important mechanism in the implementation of obligations. It enables a contractor to refrain from implementing its obligation until the other party has fulfilled its obligations. It is a means of defense, pressure and guarantee of its rights. It is stipulated in articles 161 of the Egyptian Civil Code and Article 123 of the Civil Code While it was not provided for in the French Civil Code except after the issuance of Order No. 2016-131 on the reform of the system of contracts and public order and the establishment of obligations in articles 1217, 1219 and 1220 thereof. These texts, although they did not show the basis on which the exception of contract non-Performance, leaving this
... Show MoreStates seek to regulate their economic and financial life to ensure their survival and their continued performance of the tasks entrusted to them in the organization of public facilities and ensure their progress in order to ensure their provision in the provision of public services to their peoples. These countries may follow new economic policies that were not addressed in advance, including the policy of privatization, To put the constitutional and legal provisions governing this economic policy in contradiction to the principles of legality and legitimacy is in the performance of its work, so the search has revealed the rule of privatization as an economic policy in the Iraqi legislation compared to the French legislation for the pur
... Show Moreلمقدمة
الحمد لله رب العالمين والصلاة والسلام على سيد الأنبياء والمرسلين نبينا محمد صلى الله عليه وسلم وعلى واصحابه أجمعين ومن تبعهم وأهتدى بهداهم الى يوم الدين اما بعد :
فوظيفة القضاء وظيفة سامية يراد منها اقامة العدل ولا يستقيم حالهم الا به دفعاّ للظلم ، ولقد اولى النبي صلى الله عليه وآله وسلم ومن بعده الخلفاء الراشدون
... Show MoreThis research explains to us the role of the Islamic religion in the issue of accuracy in speech and work, and how it is closely related to human production in his life, and Islam affirms that his idea is mainly reflected in his production, and how it affects the perception of the meaning of creativity. Therefore, our Islam affirmed the accuracy in every word or work we do to build a society in which people enjoy high quality in ethics and dedication in their work so that the Islamic system depends on humanity to preserve our rights on the other hand the research discusses the deliberate default and how it reflects on our production and how it makes it less good.
International bankruptcy is a legal system for those who take trade as a craft and stop performing their obligations of an international character as a result of a defect in their financial position. Legislative jurisdiction in cases of international bankruptcy is one of the most important topics of international bankruptcy by researching the position of national and comparative legislation by determining the applicable law such as the law of the court that hears the dispute or the law to which the attribution rule refers.
ان اي مجتمع لابد له من سلطة تنظم امره وتدبر شؤونه لان المجتمع الانساني ضروري ويعبر الحكماء عن هذا بقولهم (( الانسان مدني بالطبع اي لابد له من الاجتماع ))(
[i]) ، وان مبدأ سيادة القانون يتطلب وجود دولة قانونية تقوم على اركان حقيقية تستمد قوتها من الشعب باعتباره مصدر السلطات ،ولها قوة ملزمة تستمدها من القواعد الدستورية التي ارست عليها بنائها القان
... Show MoreThe Contracts must be executed according to their content. Therefore, the parties must fulfill their obligations as stipulated in the contract content. If one of them Do not execute his obligations, his contractual responsibility is to breach the contractual content of his contract.
This principle does not differ in law, but the difference lies in what is wrong or not, as well as different ways to address this breach.
The breach is not limited to the failure of the parties to fulfill the obligations under the contract, but the description of the breach applies to the cases of non-implementation of obligations not mentioned in the contract - secondary obligations - and the liability is also contractual, by virtue of chargi
... Show MoreGod Almighty has imposed on us obligations and set limits on us, and among these obligations is the prayer, which is considered a pillar of Islam. And recently on the statement of its importance, and through extensive explanations, they elaborated on the statement of its pillars, its obligations, its Sunnahs, its rituals, and its bodies, and it is known that the imam in prayer is an important part of the parts of prayer. Whoever assumes this responsibility must be aware of these conditions, the most important of which is jurisprudence in religion, and there has been a disagreement between the jurists, especially the owners of the four schools of thought, about who is qualified to lead the imamate, and this is within many and wide details
... Show MoreBreach of the promise to contract and the penalty resulting from this breach is one of the important topics that occupied a wide space of interest in civil law jurisprudence when studying the subject of the promise to contract, and this importance did not disappear from the mind of the judiciary, so it was present in its decisions. This importance is due to the specificity of the promise to contract, despite being a contract Like other contracts, the breach of it is characterized by a special nature, as it may take place before the stage of expressing the desire on the part of the one who is promised, and it may be after expressing that desire. Based on this importance, the penalty for breaching the contract promise will be the su
... Show MoreThe legal basis for the obligation of the innkeeper to ensure the safety of things does not pose any problem, because the comparative legislation was organized by explicit legal texts, but the problem arises with regard to the legal basis of the innkeeper's obligation to ensure the physical safety of the guest, as these legislation lacked explicit provisions about it, and left the organization of the general rules, which Open the door to jurisprudence, where the foundations laid by the jurists, within the scope of civil law, unlike the English legislator, which organized it as a general duty in the landlord law of 1957, and some consumer protection laws implicitly referred to the obligation of the innkeeper To ensure the safety of the bo
... Show More