Most modern legislations seeks to regulate the provisions that guarantee the stability of marital life, and that the Iraqi legislator along the lines of such legislation has ensured the stability of married life, therefore, he started to regulate the matters related to it, and in order to achieve these issues and the desired objectives, he adhered to limit these issues to periods that the parties must take into consideration when exercising these rights because they have serious effects that may lead to loss of these rights if they are not observed . In addition, the periods of personal status issues are divided into the considerations to several divisions included the related to their impact in terms of being constructing of the rights or subtracting to them including their source in terms of the legislator's intervention in their evaluation or granting their discretion to the judge. It is clear from the research that the determination of the durations in matters of civil status taking by the legislator and must be respected and the judge must abide by them in order to maintain the stability of the legal system. At the same time, however, the judge is granted the authority to modify the periods by increasing or decreasing or by specifying periods not specified by the law if the interests of the litigants are required or there are reasons to do so.
The contractual imbalance is perceived today by the majority of the doctrine as being one of the pitfalls to the execution of the contracts. As a result, most legislations grant judges the power to intervene to restore it. Granting the judge the power to complete the contract raises the question of the extent to which the judge can obtain such power. Is it an absolute authority that is not limited? If so, is it a broad discretion in which the judge operates in his conscience, or is it a power of limited scope by specific legal texts and conventions? This is what we will try to answer in this research.
Contemporary private international law sometimes allows parties to choose the law applicable to their personal relations. This approach is applicable at both levels: national legislation and international conventions, for example national legislation, Belgian private international law of 2004 and other laws of North American countries as well as German law. In terms of international agreements, we have noted that the Rome Statute III represents an important stage for the revision of the criterion of nationality before the will of the law of will, as this standard now determines how to reach the substantive provisions of the applicable law. The immediate aim of addressing this issue was to determine the extent to which Article 19 of the I
... Show MoreWhen a person responds to the temptation of Satan and changes his sex from male to female or vice versa, it will be terrible, He is neither male nor female; Because this change will be apparent only and will not affect the person,
This change if it occurs has implications impaction Bor personal status issues.
Marriage is in fact a year of God's years in his creation, and it is the only method that God has made the right way to breed and reproduce and to continue life among people, and God did not make the almighty man like other creatures, he did not let his instincts go off without order and a correct way for her, he did not leave to chaos in Instinct is a place but guided and directed creation to the right way and way of life between people and reproduction in order to preserve the dignity of the human being and his exposure from chaos. However, marriage may experience some problems, difficulties, disagreement or discord between the spouses and even to the extent that it prevents the continuation of the common life between them, and one of
... Show MoreThe judge's estimation power in giving the judicial term in the execution case is represented in the possibility of amending the term of the contract commitment. That term on which both parties agreed to execute the contract commitment at its due date, because at the due date of fulfilling the commitment the debtor is bounded to pay, yet this fulfillment may be exhausting to the debtor, or causing him damage or harm more than that damage caused to the creditor in delaying the fulfillment.
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... Show MoreThis study aimed to clarify the provisions of taking the mother for breastfeeding in Islamic jurisprudence, a comparative study between doctrines of jurisprudence. The ruling on forcing the mother to breastfeed, and the ruling on taking the mother for breastfeeding while she is in the infallibility of her husband, as well as in several reactionary divorces, and the ruling on breastfeeding in several divorced divorces. On breastfeeding in infallibility Face, as well as a several divorce reactionary, and worth the fare which is in several final divorces, and after the end of the marital relationship, has been proposed a number of recommendations, including it, is recommended to teach the provisions of the mother taking the taxi on breastfe
... Show MoreIn The Name of Allah Most Gracious Most Merciful
It is no secret to everyone that the endowment is an important nucleus for the prosperity of Islamic civilization, especially in the fields of education, health, economy, and defensive military actions that fall within the door of jihad, and so on. Al-Ashraf, Qom Al-Quds, Cairo, and other parts of the Islamic world. What we will see in the research.
The payment of stripping is more prominent than the defenses that the personal guarantor can hold against the creditor; In order for him to maintain the financial guarantee, and the guarantor derives this payment from the personal guarantee, i.e. not a connection with the guarantee. Your educational tutorial, environmental protection plans, environmental protection plans, environmental protection plans, environmental protection plans, Guaranteeing him to pay the guarantor towards the creditor by stripping the money burdened with in-kind insurance as security for the debt he is guaranteed; If this insurance was prior or contemporary to the personal guarantee, and what distinguishes this special form of payment by abstraction from the gene
... Show MoreEconomic concentration between undertakings is considered of common transactions in the commercial environment . So it was not seen as practices that can affect on the competition, or that it is misused to achieve purposes that are contrary to free and fair competition.
In fact, concentration Transactions may to be affect on competition, Where Economic concentration has undeniable benefits, so it was not possible to prevent these Transactions. Instead, the laws tended to control concentration and avoid harming it. And obtain of its benefits.
This study highlights on the provisions of economic concentration between undertakings, and detection of the mechanism through which to cont
... Show MoreFirst of all, The annulment raises scientific and practical problems that reflect its peculiarity, as it relates to how the judge faces the dispute in a case in which reconciliation between the litigants took place, and what can be attributed to the judge’s judgment in this regard, whether that estimate is related to the factual elements in the case or the objective elements and their approach With the circumstances surrounding the dispute, and considering the possibility of applying the provisions of annulment established in the general rules, which is not easy in all cases due to the special nature of annulment in the conciliation contract, it is necessary to clarify the role that the judge plays, and his use of his legal tools that
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