In accordance with the principle of consensually, contractors have full freedom to express their will. The law does not require that the expression be by a particular means or form, as may be expressly expressed by the will, so the expression of will may be implicit. The general rule is that the parties have the freedom to freely determine the content of the contract Within the limits of the rules that regulate and regulate this will, the implied will or implied expression of will is a positive course of expression of will, but does not directly indicate the truth of the intended meaning, but the circumstances of the case allow weighting of the intended meaning to other possible meanings, In other words, a means or an appearance taken by a person is not in itself a subject to reveal the will, but it can not be explained without assuming that this will exists. The special contractual circumstances between the parties can only be interpreted as an expression of will. The obvious effect in all stages of the contract, from the negotiation stage until the end of the contract. There is no general theory of implicit will to define its definition, its characteristics and conditions to influence the contract, and distinguish it from other legal situations. The legal effect of expression Implicit of the will is no less important than the effect of express expression.
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
... Show MoreThe major countries have a lot of financial burdens as a result of their public expenditure to run their public facilities and implement their obligations in this regard. Countries may need to maximize their public revenues to meet their expenditures and increase the privatization policy according to the legal concept of selling their facilities or public companies. That the public revenues of the state and the shortcomings of the view of the pro-privatization as a means to increase the financial revenues of the state and the loss suffered by the States because of the fertility of its facilities and companies to the public and especially the elites of them because it will deprive them of the revenue fixed constant It flows into the state
... Show MoreUndue influence is considered as a vitiating factor or defect in English law. It is a dominating influence, with which the ascending party enjoys, and which enables him to exert an illegitimate pressure on the unduly influenced weaker party, in order to induce, or force him, to conclude a contract and enter into a transaction, against his will. It is also worth-bearing in mind that the doctrine of undue influence is an equitable one, originating from the rules of equity, applied by English courts of equity, and by which these courts set aside unconscionable bargains, in which one party is in a position to exploit the weakness of the other. It is also worth-mentioning that this doctrine has been included in the English common law. W
... Show MoreGeneral companies are one of the methods that help managing general economic services. Countries have taken a step into this type of management because of the criticism-related to the different styles of managements. Criticism have been directed specifically at the direct type of management to such general economic services. Most of the Iraqi economic general services are being ran by this type of style; general type.
What has been agreed upon, whether in France, Egypt or Iraq has been that such establishments of general companies have to take place either by legislating a special order that states constructing a general company by the legislator or according to the law by authorizing law by the legislator to one of the local per
... Show MoreThe topic of the research revolves around constructivist theory, which is one of the most important theories that added weight to the theoretical and epistemological field of international relations. The constructivist theory studies international relations from a completely different side of theories by focusing on the social aspects of international relations, and by looking at international relations as social constructs. Ideas, cultures, norms, standards and language play a major role in their formation. The study also examines the state of the war on terrorism as it represents one of the most international cases in which its composition and composition coincide with constructive ideas and a
... Show MoreThe unemployment is considered from the most danger problems that our society face them in current time & in the near future , because it makes prodigality for element of human being , particularly age of youth who have ability to work & producing , that resulted in negative effects forecast to dire consequences social and economical dangers . In the same time as will be stated in our explanation in the following in our research , because the unemployment has ability to help to prepare good environment to grow crime , actions of violence that mostly are main cause to decrease living level of majority of citizens & in increasing numbers who became under poverty , the unemployment is economical problem as it is psycholo
... Show MoreCompetencies topic in general , and Administrative competencies in specific, are considered as important subject in the contemporary administrative literature in all countries as well as in public and privet Organizations. For this reason, we have need to study those competencies in many Iraqi Organizations.
Two Organizations wer chosen for this research one of them is the Institution of taxation, and the other is the General company of Electric the data and information related to the research have been collected by desined questioner which has been given to a sample of (50) persions divided eqully between the two maintioned organizations.
The results of the study had differences
... Show MoreThe right to property is one of the most fundamental rights enjoyed by individuals, and most national constitutions and laws, as well as international conventions, have to be respected and protected only in accordance with the economic and social development of the country (the so-called public benefit) and in return for just compensation. What is fair compensation?
The root-mean square-radius of proton, neutron, matter and charge radii, energy level, inelastic longitudinal form factors, reduced transition probability from the ground state to first-excited 2+ state of even-even isotopes, quadrupole moments, quadrupole deformation parameter, and the occupation numbers for some calcium isotopes for A=42,44,46,48,50 are computed using fp-model space and FPBM interaction. 40Ca nucleus is regarded as the inert core for all isotopes under this model space with valence nucleons are moving throughout the fp-shell model space involving 1f7/2, 2p3/2, 1f5/2, and 2p1/2 orbits. Model space is used to present calculations using FPBM intera
... Show MoreObjective: To identified the relationship between general and spinal Anesthesia upon breastfeeding and (demographic &reproductive) : Comparative Study. Methodology: The present study employs a descriptive comparative design held at the labor and delivery room , operational room for cesarean section and maternity word in maternity department at Al Emamain Al Kadhamain Medical City in Baghdad city. Data collection was initiated on 2nd January to end of March /2014. Purposive sample consisted of (150) mother and her neonate, The study sample divided into three groups:(50) under general anesthesia , (50) under