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عقد إختيار القانون واجب التطبيق على العقد الدولي
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      The defferenation of the contract, as alegal concept, is one of the new ideas in scientific research, aim to charectrise each condition or obligation of the contract, as an independent contract of the other parts, conclude under the agreement of the parties on a specific object with its own cause; this idea had applied in international contract too, specifically with the choice of law applicable to the international contract, that’s also supported by the potentiality of chossing the applicable law after concluding the international contract.

     The choice of the applicable law, play a significant role in implementing the function of the international contract as a gear to organize the legal relationship between parties with different nationalites or where the contract belong to defferent legal invironemnt with its object or effects.    

      Certainly, determine the applicable law to an international contract will insure the good relationship between its parties, and provide a referrance to specify the obligation of the parties; it does also will assist the court of the arbitaration tribunal to decide a conflict between the parties.

 

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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
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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

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Publication Date
Fri Dec 01 2017
Journal Name
Journal Of Legal Sciences
النظرية الشخصية المحددة لدور للإرادة في اختيار القانون الواجب التطبيق: دراسة في تنازع القوانين
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ان استقرار قاعدة قانون الإرادة لم يتم بشكل نهائي إلا في نهاية القرن التاسع عشر وفي رحاب المذاهب الفردية ، تلك المذاهب التي نتجت من رحمها النظرية الشخصية ، وهذه النظرية ترتكز على مبدأ سلطان الإرادة والاعتراف للفرد بحقوق مصدرها طبيعته الإنسانية الحرة ، وان حقه في الحياة هو الأساس لكل الحقوق الأخرى ، وهذا الحق يمنح إرادته القدرة على إنشاء المراكز القانونية بصورة مستقلة على القانون الذي يقصر دوره على تمكين الف

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Publication Date
Thu Feb 11 2021
Journal Name
Journal Of Legal Sciences
Targeted Drone Killings Under International Human Rights Law
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Targeted killings by unmanned aircraft are a dangerous means that threaten the human right to life, both in wartime and in peacetime. In wartime, international humanitarian law prohibits weapons that cannot respect general principles such as discrimination, proportionality and military necessities. In peacetime, all international instruments guaranteeing the protection of human rights prohibit attacks on the right to life, except in cases provided for by law, as well as extrajudicial executions.

 

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Publication Date
Sat Jul 31 2021
Journal Name
Journal Of Legal Sciences
Criminal protection of mass graves under the provisions of international humanitarian law
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Genocide and crimes against humanity have a distinct meaning in that they are particularly reprehensible attacks that constitute a grave assault on human dignity or constitute a gross humiliation or degradation of the dignity of one or more human beings, and they are not isolated and sporadic incidents.

That the crime of mass graves as a collective genocide is considered a mass murder of a group of people that is carried out on a discriminatory basis with the aim of their total annihilation as a race, people, or a distinct group that is culturally, culturally, linguistically or religiously independent, or for any reason that distinguishes them from humans, and this is what happened with the crime of mass graves in Iraq. We have n

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Publication Date
Tue Oct 29 2019
Journal Name
Journal Of Legal Sciences
Remedies breach content of contract Study in French law according to the Decree 131-2016 and the preliminary draft amendment to the Civil Liability Act of 2017
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The 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

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Publication Date
Mon Sep 02 2019
Journal Name
Journal Of Legal Sciences
The Special Conditions for the Crime of Extradition in Accordance With International Law Provisions and Iraqi Law
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The title of this research is "The Special Conditions for the Crime of Extradition in Accordance With International Law Provisions and Iraqi Law." The examination of the conditions of extradition is of paramount importance because it establishes the general provisions on the basis of which extradition is made, if such conditions are met at the time of the issuing of the extradition decision. Crimes vary according to their types, gravity and description. For this reason, the conditions for determining the crimes in which extradition is permissible have been established. These conditions are that the crime committed is of a certain gravity. The second condition is dual criminality in the requesting State and the States to be extradited; th

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Publication Date
Mon Jul 15 2019
Journal Name
Journal Of Legal Sciences
الإلتزامات المترتبة على عقد الإعلان الإلكتروني
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      The continuous development in the field of information and communication systems led to the emergence of many new contracts for the processing of Internet services and how to use them, Which is the online advertising contract some kind of them. Nowadays, the internet is considered one of the most important media advertising for products and services comparing to what traditional advertising services present, a lot of advertisers are resorting to publish their ads electronically , Their means of doing so is to contract with an online publisher or an e-advertising agency that in turn contracts the publisher for the same purpose , The electronic advertising contract entails a set of obligations on both the pub

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Publication Date
Sun Sep 15 2019
Journal Name
Journal Of Legal Sciences
الهدف العسكري المشروع واهم المباديء التي تحكمه في القانون الدولي الانساني
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The direct military attacks in international armed conflicts may be against military targets Oalohdav and civilian objects alike, and so these attacks are legitimate, so do not result in an international responsibility, must be directed to the legitimate military targets without objects and civilian objects, and then may ask international law two conditions in these goals even can be counted legitimate military objectives may strikes her, the two effective contribution to military action, and to achieve a definite military advantage when directing attacks against it, and most of the development of international humanitarian law legal principles that limit the persistence of hostile forces to strike and attack targets and objects without

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Publication Date
Mon Nov 19 2018
Journal Name
Arab Science Heritage Journal
مصادر مصادر القانون الدولي في الألفية الثانية ق.م (أواخر عصر البرونز)
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 In the second millennium BC, the international community change at the ancient Near East, There has been a significant developments with the appearance of five kingdoms (Babylon, Assyria, Mitanni, Egypt, and Hatti) called themselves the (Great Powers) and their kings named (Great King), and Correspondence among themselves on behalf of (the brothers),  to differentiate themselves from the small kingdoms Minor of them.

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Publication Date
Fri Dec 31 2010
Journal Name
Journal Of Legal Sciences
The moment of concluding the contract according to the United Nations Convention on Contracts for the International Sale of Goods (1980) (A comparative study with some Arab and foreign legislations)
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There are two ways that the contract might be formed with (contracting between persons who are attended and contracting between absence persons).the need for determining the precise moment of the contract , is so clear because there is a specify period separate between the declaration of acceptance and the knowledge with it .and it is clear from the four theories known for jurisprudence (theory of the declaration of the acceptance, theory of exporting the acceptance , theory of the arrival of the acceptance , theory of the knowledge with the acceptance ) . It is difficult to promote one theory on another one if we look at each one and the justification of its supporters and what the opponents of each theory expose. Legal background and diff

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