Preferred Language
Articles
/
jols-141
المطالبات في عقود الانشاءات (الفيديك)
...Show More Authors

FIDIC contracts are regarded as clear reflection for economic, social, technical developments in building working, which have imposed international direction to unify laws as view to connection, expand international interests, exceeding activities of largest contracting companies out of borders of their countries, where we find that most of national laws were made to depend on FIDIC model contracts that were worded by International Federation of Engineers And Consultants, the last one was the contract of constructing of buildings, designed engineering businesses by the employers issued in 1999 that is known as New Red Book which edited distinguished from previous editions by depending on designing presented by the employer or consultative engineer to be provided that the contractor makes to construct working under those designs regardless from quality of businesses, it is suitable for working of electrical, mechanical or civil engineering, this model accredited by Iraq lastly included in standard documents of contracts of execute public labor were issued by department of execute governmental contracts in ministry of planning  .                                                         

      Issue of this FIDIC new contract had distinguished between concept of claims and concept of disputes, where both of them have decided rules, certain effects, so it is necessary that this research exposes to be distinct between them . And in the other hand we view that claims in construction contracting contracts have become inevitable matter, any construction working does not away from claims demanded by the contractor or employer with each other , though overwhelmingly of claims were to the contractor which presented to against employer or against employer and consultant engineer altogether, may be he presents it against the contractor in subcontract, therefore those claims were become of effects of contract of constructions ( FIDIC ) as regard for what it forms of vital role to stir strive between contractor & employer . So this research had stated classification of claims, their causes, such as organizing them with showing the role of advisor engineer to check, deciding , receive informs related to claims, then explain how to avoid them and followed procedures to solve those claims. 

 

Crossref
View Publication Preview PDF
Quick Preview PDF
Publication Date
Wed Dec 30 2015
Journal Name
College Of Islamic Sciences
Financial compensation contracts related to Hajj: دراسة فقهية مقارنة
...Show More Authors

Financial compensation contracts related to Hajj

View Publication Preview PDF
Publication Date
Tue Dec 31 2019
Journal Name
Revue Académique De La Recherche Juridique
Compliance in Reality Television Programming Contracts -A Legal Study in light of the American Experience
...Show More Authors

The development of the television industry has led to the emergence of a new type of entertainment program in which producers have abandoned stereotypes in traditional programs, known as (Reality TV show). This type of program has spread rapidly in America, (where there are more than 40 series of these programs), as well as Europe and more than twenty countries around the world, including the Arab countries, where the number of these programs today to about 1000 programs and the number is increasing , Especially with the readiness of the production networks to produce more of these programs for the huge profits they derive from them (because of the high viewing rates and the large number of ads broadcast through them) in return for low prod

... Show More
View Publication
Publication Date
Fri Jun 01 2018
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
The effect of fraud detection skills in the settlement of Compensatory claims for the fire and accident insurance portfolio: An applied study in the national and Iraqi insurance companies
...Show More Authors

The research seeks to identify the impact of fraud detection skills in the settlement of compensatory claims for the fire and accident insurance portfolio and the reflection of these skills in preventing and reducing the payment of undue compensation to some who seek profit and enrichment at the expense of the insurance contract. And compensatory claims in the portfolio of fire and accident insurance in the two research companies, which show the effect and positive return of the detection skills and settlement of the compensation on the amount of actual compensation against the claims inflated by some of the insured, The research sample consisted of (70) respondents from a community size (85) individuals between the director and assistan

... Show More
View Publication Preview PDF
Crossref
Publication Date
Mon Dec 25 2023
Journal Name
Journal Of Legal Sciences
The Role of Partnership Contracts (PPP) in the Progress of Developing Countries
...Show More Authors

This study dealt with the concept of partnership, explaining that this term, has many definitions, and included in the legislation of the majority of countries, and addressed by many scholars, researchers and thinkers.  All this is due to the importance of its role in providing the necessary financing for the establishment, implementation, development and maintenance of projects, financing from the private sector, away from the state budget, or borrowing from abroad. It explained the relationship between the partnership system and the progress of developing countries, explaining that this system provides the necessary financing for the basic projects needed by the state, from two sources, the first is a set of objectives, which work

... Show More
View Publication Preview PDF
Publication Date
Wed Dec 30 2015
Journal Name
College Of Islamic Sciences
The base does no harm And their impact on the employment contracts of Iraqi private universities
...Show More Authors

One of the rules concerning the control of civil transactions is the rule of no harm and harm, which was enacted by our Holy Prophet Muhammad (peace be upon him and his family). Scholars singled it out by research and investigation, and classified by non-scientists independent messages, showing the status of al-Qaeda in terms of its perception, meaning, branches and results, and the importance of this rule in the payment of damage and compensation for it has been provided by the Iraqi legislator generous within the provisions of Iraqi law in all its branches of public and private, as applied The judiciary Iraq The provisions of this rule have been issued and numerous decisions have been made to compensate for the damage and to give to ev

... Show More
View Publication Preview PDF
Publication Date
Wed Feb 10 2021
Journal Name
Journal Of Legal Sciences
The Contracts in Restraint of Trade in the English Law. A Comparative Study in the Iraqi Law
...Show More Authors

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 More
View Publication Preview PDF
Crossref
Publication Date
Thu Aug 31 2023
Journal Name
Journal Of Legal Sciences
Industrial Property Licensing Contracts are Exempted from Ban in Accordance with USA and European Law
...Show More Authors

Intellectual property rights of all kinds، and their nature، are considered a tool in the hands of their owner that enables him to monopolize the benefits that you confer on them without any dispute or mediation from anyone. Intellectual property on its intellectual product، and preventing others from exploiting it without obtaining the permission of its owner All of this is reflected positively on the progress of the industrial and commercial field، and this justifies the protection provided by the laws regulating intellectual property rights to its owner، whether at the national or international level، and with our recognition of the right of the owner of intellectual property rights to enjoy the exclusive use of his right، and

... Show More
View Publication Preview PDF
Publication Date
Fri Dec 01 2023
Journal Name
مجلة العلوم القانونية
اعفاء عقود تراخيص الملكية الصناعية من الحظر وفقا للقانون الامريكي و الاوربي
...Show More Authors

اعفاء عقود تراخيص الملكية الصناعية من الحظر وفقا للقانون الامريكي و الاوربي

Publication Date
Wed Aug 01 2018
Journal Name
Journal Of Economics And Administrative Sciences
The risks of derivatives contracts and their reflections on the global financial crisis Analytical study in (Toronto – Dominion) bank
...Show More Authors

The research tacklets the role of risks arising from the excessive use of derivative contracts for trading in financial crises, including the recent global financial crisis in (2008) which is known the mortgage crisis.

   In order to prove the hypothesis of the research, the risk index of derivative contracts has been chosed as expressed in the measure of (value at risk) to be the main field for testing the hypothesis of research. The duration of the contract  has been also chased  for (15) years between the years (2001- 2015), the period preceding the global financial crisis, while the second represents the period of time that followed. The research reached a number of conclusions, bu

... Show More
View Publication Preview PDF
Crossref (1)
Crossref
Publication Date
Mon Jan 30 2023
Journal Name
مجلة العلوم القانونية
تطور مفهوم العيب وفقاً لاتفاقية الامم المتحدة بشأن عقود البيع الدولي للبضائع لسنة 1980
...Show More Authors

يتناول البحث احكام العيب في اتفاقية الامم المتحدة بشأن عقود البيع الدولي للبضائع لسنة 1980