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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
Thu Feb 11 2021
Journal Name
Journal Of Legal Sciences
Creditor Protection in the pre-contractual period of the Company Contract
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          The pre-contractual period considered as the most important stages that the contract passes, if not the most important at all because of its impact on the implementation of the contract, and this stage is no longer just material works that do not have a legal effect, but has its own system, especially after the amendment that lasted long. For the French civil law of 2016, the existence of the previous stage is not limited to contracting in civil law, but for this stage is specific under the provisions of the private law in general such as commercial law and specifically the law of commercial companies, the commercial company is essentially a contract between the founders and this The

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Publication Date
Sat Sep 14 2019
Journal Name
Journal Of Legal Sciences
Extent of the Legality of the Use of Drones in International Humanitarian Law
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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.

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Publication Date
Sat Dec 01 2018
Journal Name
Political Sciences Journal
Protecting woman during armed conflicts under the development of international humanitarian law
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The international humanitarian law found the special rules to protect women meanwhile the armed conflicts whether international or non-international. These rules are adopted for woman because of two reasons : that she is from civilians and on the other hand that her special constitution demands a special protection. The international community's attention of women is increased as a result of the tragic situation that faced women around the world especially in the Middle East and particularly in Iraq during the American-British war and ISIS period, these two periods sort many negative effects that reach women such as captivity, slavery, sexual enslavement and rape women especially Yazidis and Christians....

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Publication Date
Tue Dec 24 2019
Journal Name
Journal Of Legal Sciences
Economic Duress and its Effect to the Contract under English and Iraqi Law
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English law, unlike many Anglo-Saxon laws, has adopted the doctrine of economic duress delayed. Under this doctrine, the contractor who has entered into a contract as a result of an unlawful pressure that threatens his financial or commercial interests may rescind the contract on the grounds that the contract was concluded under economic duress which make the contact voidable. More than forty years have passed since the adoption the economic duress doctrine in English law, however, there are still some issues remain controversial. Is the Lawful Act duress economic duress?

Iraqi Civil Law did not explicitly regulate the doctrine of economic duress. However, the Iraqi authors when explain the rules of duress under this law indicate

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Publication Date
Tue Dec 28 2021
Journal Name
Revue Des Recherches En Droit Et Sciences Politiques
Contract duration concept
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Time is an essential element of contracts، as there is an independent in many parts of each contract، but the time dimension has a significant impact on the provisions of all contracts and is not limited to a particular range of contracts، and French and Arab jurists alike have called for this dimension to be given special attention، and as a result the French legislator has introduced the term duration of the contract، to try to limit the temporal elements، to clarify their provisions and to distinguish between them in decree131/2 016، but for our Arab country it did not receive the appropriate answer. The problem of duration in contracts relates to the lack of clarity of the idea، and then to confuse the various time terms in the

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Publication Date
Thu Mar 02 2017
Journal Name
Journal Of Legal Sciences
مبدأ الإختصاص العالمي ودوره في تحقيق العدالة الجنائية وقمع إنتهاكات القانون الدولي الانساني
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As the armed struggles grew on the international and national levels and due to the widespread violations of Humanitarian International Law, an urgent need emerged to search for mechanisms that to be just with the victims and restrain the criminals for achieving the Criminal Justice. We can say that adopting the international criminal specialization, in which specialization for countries' national courts are held for pursuing the violators regardless of place of their occurrence,  or criminal's or victim's nationality, could contribute into these requirements.

Judging on the effectiveness of the principle in achieving the desired goal requires knowing how far it could be dedicated in the framework of Humanitarian Internation

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Publication Date
Tue Dec 01 2020
Journal Name
Journal Of Economics And Administrative Sciences
Select the optimal project by using two methods of analytic hierarchy and goal programming
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      The aim of this research is to solve a real problem in the Department of Economy and Investment in the Martyrs establishment, which is the selection of the optimal project through specific criteria by experts in the same department using a combined mathematical model for the two methods of analytic hierarchy process and goal programming, where a mathematical model for goal programming was built that takes into consideration the priorities of the goal criteria by the decision-maker to reach the best solution that meets all the objectives, whose importance was determined by the hierarchical analysis process. The most important result of this research is the selection of the second pro

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Publication Date
Mon Jan 01 2024
Journal Name
Baghdad Science Journal
Secure Smart Contract Based on Blockchain to Prevent the Non-Repudiation Phenomenon
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Blockchain is an innovative technology that has gained interest in all sectors in the era of digital transformation where it manages transactions and saves them in a database. With the increasing financial transactions and the rapidly developed society with growing businesses many people looking for the dream of a better financially independent life, stray from large corporations and organizations to form startups and small businesses. Recently, the increasing demand for employees or institutes to prepare and manage contracts, papers, and the verifications process, in addition to human mistakes led to the emergence of a smart contract. The smart contract has been developed to save time and provide more confidence while dealing, as well a

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Publication Date
Sat Oct 20 2018
Journal Name
Journal Of Economics And Administrative Sciences
The Effect of Extreme Values on Streeter-Phleps Model Parameter Estimators With Application Abstract
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Abstract

   The extremes effects in parameters readings which are BOD (Biological Oxygen Demands) and DO(Dissolved Oxygen) can caused error estimating of the model’s parameters which used to determine the ratio of de oxygenation and re oxygenation of the dissolved oxygen(DO),then that will caused launch big amounts of the sewage pollution  water to the rivers and it’s turn is effect in negative form on the ecosystem life and the different types of the water wealth.

   As result of what mention before this research came to employees Streeter-Phleps model parameters estimation which are (Kd,Kr) the de oxygenation and re oxygenation ratios on respect

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Crossref
Publication Date
Thu Aug 31 2023
Journal Name
Journal Of Legal Sciences
Evidence- Based Premature Termination Implicit: Comparative Study in Contract Theory
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For the premature termination of the contract is the creditor’s ability to request the termination of the contract due to the debtor’s breach of the execution date based on the debtor’s explicitness not to perform upon the occurrence of this date or because of a presumption proving that breach. Or return it to the extent of the creditor’s ability to prove what he claims, and thus the burden of proof falls on the creditor.

There is no difficulty in proving the debtor's declaration of non-performance, but the difficulty lies in proving the perceived breach in the future, that is, the creditor concludes earlier on the date of implementation that the debtor will breach his obligation and therefore the creditor does not obtain

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