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.
Researches 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.
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 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.
Rules of international humanitarian law establish restrictions on parties to armed conflicts in the their choice of weapons, means and methods of warfare. States when develop or acquire new weapons should verify that it complies with these rules. Current progress by new technology indicates that is very important to continue to assess the legality of new weapons.
Considering that migration is moving to live from one place to another, with an intention in the place that was intended for a long time, due to the frequent movement of individuals from one place to another, and due to the different purpose of migration, we find external migration classified into legalized and irregular migration, and the reasons The growth of illegal immigration is due to economic, social, and psychological motives, and therefore we find that it has multiple effects, both on the country hosting immigrants in terms of economic, security, social and health terms, or on the level of organizing international relations between countries, so countries sought to mitigate this phenomenon and deal with immigrants As stipu
... Show Moreالأحكام القانونية للجرف القاري في القانون الدولي
The contracts in restraint of trade are considered as void contracts according to the English common law, that is to say, they are prima facie void. Because their voidness is presumed and based upon a rebuttable presumption that these contracts are contrary to the public policy in principle. Owing to the unreasonableness of the Restraint of Trade conditions or terms in which they are included. But if it is proved that they satisfy the requirements of reasonableness, in accordance with the contracting parties, and both the temporal and spatial extent of their coming into effect, as well as the public interest. The court will validate them. It is also worth-bearing in mind that this type of contracts fall under contracts void at comm
... Show MoreThis research id entitled "The Prohibition of Perfidy in International Humanitarian Law". International humanitarian law includes some international agreements that aim to regulate hostilities, and the use of tools and means of warfare (The Hague Law), Where there are many international rules that govern the conduct and management of hostilities, there are some provisions that limit the use of certain means and methods during armed conflict, Whether by prohibiting the use of specific methods of fighting, or prohibiting or restricting the use of certain types of weapons, The dedication of these rules to the law of armed conflict comes in implementation of the principle of the law of war, which restricts the authorit
... Show MoreResearch title: Ruling on abortion in Sharia and law.
The importance of research: Projection is of great importance because it touches the life of a living being who enjoys human qualities. However, this organism often wastes its rights and does not protect its human beings. These souls are lost in millions by the sake of casual desire or hidden desire.
The research plan: The research dealt with an introductory topic, four topics, and in each topic there are demands, branches, and a conclusion.
The most important findings of the study: The ruling on aborting the fetus in the Sharia is only permissible (and the necessity is valued at its va
... Show MoreThe Gift is considered as a legal voluntary non-contractual transaction or disposition to transfer the granted property from the donor to donee gratuitously or without consideration. It is also worth-bearing in mind that the want of the requirement of consideration is the reason that the gift is not classified within the scope of the contract. And it is normally classified into two types: The inter vivos gift and gift causa mortis. It should also be noted that the donatio (or gift) inter vivos is applied to both the personal property or chattels and real property equally. As opposed to the gift causa mortis, which is applied to the personal property or chattels rather than the real property. Whereas both the Iraqi Civil Law N
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