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Effect of marital relationship In the Iraqi Penal Code
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Marital relation has a great effect on man’s life in general, because it is the legal frame for establishing a rightful legal family, This relation  also has its great effect and importance in laws in general and the Criminal Law in particular (substantive and procedural). As for the scope  of the sustentative rules (under study); it deals with the rules which organize incrimination and penalty in which  the state organizes the right of penalty and put forth the boundaries between what is prohibited and what is permissible and codify the appropriate penalty  specified by the law in case of breach.

The study we examines, in two sections, with the effect of the marital relation from the substantive perspective of The Iraqi Panel Law with the two sections of the criminal foundation, (incrimination and penalty). The first talks about the effect of the marital relation on incrimination and permission through a number of actions which marital relations plays a role in incrimination or permissibility such as adultery, making an Invalid marriage contract and husbands’ abuse of wife, using his right of discipline as a reason of permissibility reasons. In the second section we talk about the effect of this relation on the incrimination field through a number of crimes in which the marital relation makes an effect in increase, decrease or exemption of the punishment whether it is concerned with the public interest or the personal interest.   

The researcher reached at the following findings:

  1. The marital relation has a great effect on considering a person adulterer, because the adulterer is not considered so in the point of view of law if the sexual relation is done by a man and a woman who are not married, so the marital relation here is the criterion for the conduct to be incriminated as adultery not.
  2. The marital relation has a great effect on penalty through considering the crime as aggravating factor, a legal excuse to reduce the punishment or a barrier in executing the penalty such as the crime of incitement to adultery and immorality (Article 9 of Criminal law), reduction of penalty in crimes concerning the national security of the state (Article 183 Criminal law) and a homicide committed by a husband caught his wife red handed with adultery. An example of the marital relation which is exempted from penalty are those connected with crimes concerning the external security of the state (Article 183).

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Publication Date
Wed Jun 14 2023
Journal Name
Al-academy
fashion and Contrasting in the contemporary Iraqi theater show
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Since its inception, the theatrical performance has been based on the principle of permanence, continuity, renewal and innovation in the structure of its visual elements. These innovations and the effectiveness of continuity cannot be achieved without searching for everything that is new and different at the level (form and content) in order to create an image with innovative and effective features in the theatrical discourse, and from Among the elements of the theatrical performance (theatrical costumes) that have been subject to variation since the beginning of the theater until now, and for this purpose, the current research was conducted with the question of the research problem: What are the variations of costumes in the contemporar

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Publication Date
Tue Mar 01 2016
Journal Name
Al-academy
Instigation in the Iraqi theatrical discourse: حسين رضا حسين
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The first chapter included the frame approach on research in which we discuss instigation in Iraqi drama as it as an active sign to enrich the structure of the speech so the researcher limits the problem of his research which is to follow the important of instigation in the Iraqi theatrical discourse. this chapter also contains the important of the research and its aim and limits. And reflected the importance of research in approaching the concept of instigation and effectiveness within the paths of the Iraqi, theatrical discourse.The 2nd chapter included the two sections and reviewed in the first section manifestations of incitement in the global theatrical discourse. the 2rd studied instigation in the Arab theatrical discourse. The 3rd

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Publication Date
Sat Sep 01 2018
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
Effect of Continuous Improvement in Achieving Competitive Advantage for Iraqi Universities: And Their Research Projects
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The rapid change in economic is a serious challenge facing all countries around the world, even developed ones. This challenge is increasing as the world enters the age of knowledge in which different knowledge and technologies have emerged and the distance between the emergence of scientific knowledge and its actual application on the ground has been reduced as well as the growing role of science and technology in community development. One of the most important technology amongst these technologies is nanotechnology, where this technology plays a major role in the development of products and modern devices and reduces cost with quality improvement. This technology is cross-cultural, requires a comprehensive knowledge structure and depe

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Publication Date
Sat Jan 12 2019
Journal Name
Journal Of The College Of Education For Women
The relationship between the economic structure and the development of the spatial structure Abu Ghraib District
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The phenomenon of spatial variation in the economic, social and urban development levels is considered prevalent in most of the economic and social systems,this relates to the concentration of most of those activities in certain regions and because of their rarity in other regions , that led to the emergence of the problem of the sharp contrast between the most developed areas and least developed areas within the same region or within the regions of the same country,
Reduction of this variables , in addition to the development of areas through following up and relying on an effective regional development enabling to reduce unemployment as well as to stop the migration of the unplanned for population,
And the ideal use of available

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Publication Date
Wed Jul 28 2021
Journal Name
Journal Of Legal Sciences
The Quasi-Contract in the English Law. A Comparative Study with the Unjustly Paid in the Iraqi Civil Law
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Quasi-contract is considered as one of the well-established legal systems of the English Common law of customary origins, which is unwritten and based upon judicial precedents of the English courts. It is worth-bearing in mind that the legal basis of quasi-contract passed into two different stages: in the first stage the English judicature, supported by some juristic opinions regarded it as an implied Contract made by courts to prevent one party from being unjustly enriched at the expense of the other. Whereas in the second stage the English judicature considered it as an independent source of obligation، based upon the law of restitution. and having nothing to do with the law of contract. The Iraqi civil law No. (40) of 1951 regulated

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Publication Date
Wed Oct 30 2019
Journal Name
Journal Of Legal Sciences
The Rule of Privatization in its legal concepts in Iraqi Legislations – Comparative Study with French Legislations
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States seek to regulate their economic and financial life to ensure their survival and their continued performance of the tasks entrusted to them in the organization of public facilities and ensure their progress in order to ensure their provision in the provision of public services to their peoples. These countries may follow new economic policies that were not addressed in advance, including the policy of privatization, To put the constitutional and legal provisions governing this economic policy in contradiction to the principles of legality and legitimacy is in the performance of its work, so the search has revealed the rule of privatization as an economic policy in the Iraqi legislation compared to the French legislation for the pur

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Publication Date
Wed Jun 01 2016
Journal Name
Journal Of Economics And Administrative Sciences
The relationship between Iraq's foreign trade and economic growth analysis For the period (2013-1980)
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Abstract

This study highlights the importance of Iraq in the analysis of foreign trade and economic growth for the period (1980 - 2013) is an attempt to determine the equilibrium relationship long term and short term between these two variables were used ARDL model to explain the economic relationship between the two variables.

To achieve the objectives of the research has been the standard model estimate after testing the stability of exports X data series, and imports M, and GDP current prices, and exchange rate EXR, and verify the existence of a joint integration relationship between these variables.

In order to achieve the objectives of the research it

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Publication Date
Wed Feb 20 2019
Journal Name
Political Sciences Journal
Legalization of political parties Study in the law of parties
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The political parties are considered to be the basic infrastructure in the political process for their great role in achieving the political movement in the country and to work on implementing the goals and interests of its voters in the event of their coming to power. If the parties that totalitarianism led to monopoly and monopolization, We can not talk in these countries about the liberal concept of the party and can not talk about the existence of a law or laws and regulations governing and regulate the work of parties. But on the other hand, which is represented by the liberal state, we find a lot of talk and practice about the form and nature of the legitimate law in regulating the formation of parties and their work in a manner th

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Publication Date
Wed Apr 01 2009
Journal Name
Journal Of Educational And Psychological Researches
المشكلات الزوجية وآليات التعامل معها
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الفصل الاول

الزوجية سنة من سنن الله في الخلق والتكوين وهي عامة مطرده ، لايشذ عنها عالم الانسان ، او عالم الحيوان ، او عالم النبات " ومن كل شئ خلقنا زوجين لعلكم تذّكرون " وهي الاسلوب الذي اختاره الله للتوالد والتكاثر ، واستمرار الحياة بعد ان اعد كلا الزوجين وهيأهما بحيث يقوم كل منهما بدور ايجابي في تحقيق هذه الغاية " يأيها الناس إنا خلقناكم من ذكرٍ وانثى " ( بليق ، 1978 ، ص329 ) .

 

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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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