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jols-154
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
Sat Jul 06 2019
Journal Name
Journal Of Legal Sciences
المفهوم الحديث للطرف في العقد
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The contact will be obligated as well as strong if it is contracted in right way. The contract is as the law in its obligation. Everyone must be followed the law so he /she must be obligated in the contract that he /she contracted. There is no clear suitable justification about the concept of partner in the contract that leads to this concept not to be stable. It becomes clearer when the idea of the group of contract appears. The idea of the group of contract in determination of the concept of partner is criticized by the jurisprudence. It tries to put a new concept for the partner in the contract or another one and also they have the same. The persons who have the adjective of partner should be having the same power which enjoy with the

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Publication Date
Mon Sep 02 2019
Journal Name
Journal Of Legal Sciences
Parts of hire contract to supply specific software: Comparative Study
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The aim of this study is to know the capability of the Iraqi system law, to organize contracts of supplying software especially the contract of designing or developing software, according to the requirements of somebody. The  specific software features than typical software, where the later imported as a goods, while the incoming contract to designing or developing specific software represents employment contract, in this case leads to a complicated problems of the type of contract, the later contract may interact with sale contract and lease contract. Hire contract applies to the contract of this study, where supplier to these software is contractor and the person who designed the required software, as a result this study can be di

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Publication Date
Tue Dec 21 2021
Journal Name
Journal Of Legal Sciences
The impact of the Corona pandemic on the banking customer In the commercial loan contract
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The Corona pandemic affected all different areas of life, as the world is facing a challenge at the present time as a result of the Corona pandemic and the economic turmoil it left behind, and many countries have tended to address the economic effects of the Corona pandemic by resorting to borrowing internally or externally to cover their needs.

The activity of banks is affected by many things, including, and the research aims to solve the problems related to the commercial loan contract in light of the crises, and that the initiatives that many countries have followed call to reduce the harm inflicted on citizens, such as economic burdens, by postponing installments in light of the crisis and postponing all credit dues to banks

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Publication Date
Wed Dec 25 2024
Journal Name
Al-anbar University Journal Of Law And Political Sciences
Technical Assistance Contract
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The importance of a Technical Assistance Contract is coming as a means of one of transfer knowledge ways of technology from the party that knows it, to the party that does not know it, So it was considered as one of the most important requirement to develop countries and there subsidiaries projects, by this contract, these countries are able to absorb transferee technology knowledge and adapted according to local environmental conditions.

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Publication Date
Mon Dec 23 2019
Journal Name
Journal Of Legal Sciences
The Israeli and American challenges for Palestinian Refugees Return and the suggested mechanisms to confront it " Analyzing study in the light of rules of the international humanitarian law "
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The refugees' issue is the essence of the Palestinian cause as a political, legal and humanitarian one that afflicts every Palestinian, and its repercussions are inherited through generations, because of the suffering, displacement, misery and deprivation that the refugees still suffer. The State of Israel pay a lot of effort to prevent the Palestinians from this right, and is responsible for their plight and displacement because of the racist laws imposed and enacted by it, in addition to the bias of the United States of America alongside Israel in light of the weakness of the international community and the politics of the one pole. This requires the search for alternatives and solutions to enable the Palestinian refugees to exercise t

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Publication Date
Sun Jan 03 2016
Journal Name
Journal Of The Faculty Of Medicine Baghdad
Role of Ultrasound and computed tomography in assessment of abdominal lymphadenopathy and splenomegally in lymphomas
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Background: lymph nodes involvement is the most common presentation of abdominal lymphoma; their diagnosis is based on variety of imaging modalities, histopathology of different areas of involvement and stage of the disease.
Objective: to compare the value of abdominal ultrasound (US) and computed tomography (CT) scan in already diagnosed cases of lymphoma and evaluation of lymph nodes and splenic involvement in patients with proved lymphoma.
Patients and methods: thirty patients with lymphoma were gathered from hematological unit in Baghdad teaching hospital retrospectively depending on their histopathology that revealed either Hodgkin lymphoma (HL) or non-Hodgkin lymphoma (NHL) and they were examined by ultrasound and CT scan of

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Publication Date
Wed Feb 10 2021
Journal Name
Journal Of Legal Sciences
The failure of international law to protect Iraqi cultural property from the intentional destruction by ISIS: A priority worthy of international protection
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The destruction and protection of cultural property has been a feature of armed conflicts for thousands of years and it has received increasing international focus over the past two decades. This feature was clearly appeared during the recent armed conflict in Iraq. During the conflict, cultural property was subjected to intentional and organised destruction by members of ISIS. Although there are international legal norms to protect cultural property during armed conflict, however, this destruction has proven the failure of those rules to effectively deter these criminal acts. This Article analyses the framework of international law relevant to the protection of cultural property during of armed conflict in the light of that destruction,

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Publication Date
Sat Aug 20 2022
Journal Name
مجلة العلوم القانونية
دراسة نقدية في محل العقد والالتزام
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يعد موضوع المحل من المواضيع الشائكة في القانون المدني ، اذ ان هذا الموضوع رغم قدمه الا انه لازال يمثل ارضا خصبة للبحث ، اذ يوجد خلاف حول تحديد الكائن القانوني الذي يعد المحل ركنا فيه ، حيث اختلفت التشريعات في هذه المسألة ، فبعض التشريعات تذهب الى ان المحل ركن في العقد ، وبعضها يذهب الى ان المحل ركن في الالتزام ، وبعضها يذهب الى ان المحل ركن في العقد وركن في الالتزام وقد انتقل هذا الخلاف الى الفقه فظهر فيه عدة اتج

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Publication Date
Sat Aug 20 2022
Journal Name
Journal Of Legal Sciences
critical study in the subject-matter of the contract and the obligation
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The topic of subject-matter is one of the thorny issues in civil law, as this topic despite its antiquity still represents a fertile ground for research , There is a dispute about the determination of the legal object in which subject-matter is element in it ,Where the legislation differs on this issue , Some legislation states that the subject matter is an element of a contract, and Some of them states that the subject matter is an element of an obligation, and Some of them states that the subject matter is an element of a contract and an obligation , This dispute has moved to jurisprudence, There were several directions in it , The research ended with us saying that the subject matter is an element of a contract.

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Publication Date
Tue Feb 28 2023
Journal Name
مجلة العلوم القانونية
الفسخ المبتسر المبني على الدلائل الضمنية ـ دراسة مقارنة في نظرية العقد
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يتناول البحث جزئية من جزئيات موضوع الفسخ المبتسر للعقد