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jols-187
Amend the civil liability provisions of the consultant
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اذا تم العقد بين الاستشاري وعميله مستكملا لأركانه وشروطه، افاد حكمه، أي الزم طرفيه بالتزامات معينة تجسد هذا الحكم ولا سبيل للتنصل من هذه الالتزامات او تعديلها الا اذا اتفق الطرفان على ذلك، فللعقد قوته الملزمة للطرفين التي تتجسد في جزاء الاخلال به ( المسؤولية العقدية )، وحيث ان القواعد العامة للمسؤولية العقدية ليست من النظام العام، يجوز عندئذ الاتفاق على تعديلها في حدود النظام العام والاداب1. لذلك وللتخلص من المسؤولية التي تهددهم ازاء اخطائهم قد يعمد  الخبراء الاستشاريون الى تعديل احكام المسؤولية المدنية التي يمكن ان تنجم عن اعمالهم ويتخذ هذا التعديل صور عدة اهمها الاتفاق مع المضرور على تحمله الضرر الذي يلحقه كلا او جزءا، فيفقد تبعا لهذا حقه كلا او جزءا بالتعويض، كما قد يعمدون  الى تشديد مسؤوليتهم او بالاتفاق مع شخص اخر على تحمل عبئها بدلا عنهم بدفع التعويض المستحق عن الضرر، الامر الذي يقتضي البحث في مشروعية مثل هذه الاتفاقات في حال تضمينها للعقد المبرم مع الخبير الاستشاري.

سوف يكون منهجنا في هذه الدراسة هو اتباع اسلوب الدراسة القانونية المقارنة بين القانون العراقي والقانون الفرنسي والقانون المصري ، كما سنقوم بتحليل النصوص القانونية والآراء الفقهية التي نعرض لها كلما تطلب الامر من اجل بيان الملاحظات عليها وتسليط الضوء على مكامن القوة ونقاط الضعف والمعالجات التي ينبغي الاخذ بها، وذلك في ضوء ما تسفر عنه معطيات البحث والمقارنة.

سنتناول في بحثنا هذا اتفاقات تعديل احكام المسؤولية المدنية للخبير الاستشاري تشديدا او اعفاءا او تخفيفيا، في المطلب الاول ، اما التامين من المسؤولية المدنية للخبير الاستشاري، فسنبحثه في المطلب الثاني.

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Publication Date
Wed Oct 07 2020
Journal Name
Journal Of Legal Sciences
The Occupier's Civil Liability in the English Law. An Analytical Comparative Study with the Iraqi Civil Law
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The occupier’s civil liability in English law is considered as one of the main types of the responsibility imposed by the law of Torts. and is regarded as a special system of the civil liability arising from negligence, as well as two other systems, that is to say , the employer’s non-contractual liability and  The liability from defective products. It is worth-bearing in mind that the common law has imposed on the occupier of the premises a duty of safety towards those who enter his premises. And two English legislations have been enacted later to regulate this type of liability legislatively, namely, the Occupier's liability Act 1957 and the Occupier's liability Act 1984. Whereas the Iraqi civil law No. 40 of 1951 has regulate

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Publication Date
Sat Jun 30 2018
Journal Name
Journal Inspector General
Some examples of police errors - a comparative study of the scope of civil liability between American and Iraqi laws
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Police play an important role in any society. Where they maintain public order by stopping and deterring crime and bringing criminals to justice. In order to achieve these objectives, they have certain means of law (search, arrest, use of force that may be lethal in some cases). However, such means may be misused in a way that harms members of society such as (Exceeding the Scope of a search warrant, violation of privacy of individuals, False Imprisonment, Excessive use of force, Sudden Deaths in custody, Sexual Assault and Harassment, Failure to respond for Domestic violence calls), which raises the civil liability of police officers and their agencies for such damage. Police officers may even abuse their characteristics even outside offic

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Publication Date
Tue Jun 01 2021
Journal Name
Arab Researcher
Civil Liability of Hotels towards Victims of Sex Trafficking - A Study in Light of Iraqi and American Laws
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In view of the large profits made by the sex trade on the one hand, and the minor penalties imposed on the traffickers (brokers) compared with the severe penalties imposed on the drug trade and illegal weapons, on the other hand, this trade has become popular and spread in most countries of the world, and the cornerstones of this trade and A safe haven for them is hotels, especially luxury ones with international brands where their guests are rich and some may look for sex for money. Given the great physical and psychological damage to the victims, this research highlights the civil liability of hotels towards these victims in US and Iraqi law.In order not to limit the

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Publication Date
Sat Mar 31 2018
Journal Name
Al-anbar Univrsety Jornal For Law And Political Science
Civil liability of police officers arising from damage to High-Speed Pursuits - study in light of the position of law and the American judiciary
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Since the invention of the automobile, no aspect of American life, including crime and its control, has remained untouched by this far-reaching innovation in transportation. Vehicular "hot pursuit"-when suspects in motor vehicles use excessive speed in attempting to elude the police. Unfortunately, accounts of wild chases across crowded inner city streets, through tree-lined suburban boulevards, and over remote country roads are very real and not merely fictional material created for entertaining television and motion picture audiences. The specter of "hot pursuit," complete with screaming sirens and red or blue flashing lights, has become a recurring fact of modem life.1 So, too, are the mishaps involving police vehicles or the vehicles pu

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Publication Date
Tue Oct 29 2019
Journal Name
Journal Of Legal Sciences
Remedies breach content of contract Study in French law according to the Decree 131-2016 and the preliminary draft amendment to the Civil Liability Act of 2017
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The Contracts must be executed according to their content. Therefore, the parties must fulfill their obligations as stipulated in the contract content. If one of them Do not execute his obligations, his contractual responsibility is to breach the contractual content of his contract.

This principle does not differ in law, but the difference lies in what is wrong or not, as well as different ways to address this breach.

The breach is not limited to the failure of the parties to fulfill the obligations under the contract, but the description of the breach applies to the cases of non-implementation of obligations not mentioned in the contract - secondary obligations - and the liability is also contractual, by virtue of chargi

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Publication Date
Tue Dec 24 2019
Journal Name
Journal Of Legal Sciences
The Civil Responsibility of the Editor of the Electronic Press: Study in Jordanian Legisation
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This study is intended to discuss the civil responsibility of the editor in the field of electronic publishing.

          The purpose of this study is to explain the concept of the editor in the electronic publication and the basis of its civil responsibility, its legal problems under the legal rules contained in the Civil Code.

          The first topic deals with the concept and importance of the editor in the news website. The second section deals with the provisions governing the civil responsibility of the editor.

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Publication Date
Wed Sep 30 2015
Journal Name
College Of Islamic Sciences
The provisions of luxury in the performance of worship
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The luxury of the grace and the extension of the vioa of the subjects that attract two teams of opinion,
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And poverty is the best in human life, and others see it
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Grace, and not for man to suffer as long as stigmatized and

Try not to have money.
And in recent years
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A lot of people bypassing
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I see who says austerity in
Thou shalt not see grace
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Luxury has been promoted to the religious life of
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And others, and a team of worshipers to distance themselves from the mantle of turquoise,
Faleh me
I was looking at this part because I did not
.
See my opinion

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Publication Date
Sun Sep 15 2019
Journal Name
Journal Of Legal Sciences
Provisions of the uncertain fate of the Penal Code
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Under the provisions of the old penal laws were criminal responsibility collectively If someone commits murder of the tribe was the victim belongs to another tribe was wasting his blood as a murderer and have each person of the tribe personally responsible for this crime. If it does not contribute to it or did not know, however, committed to achieving voices calling goodness and justice demand soared to impose punishment on the person who is connected to the crim.

The French Revolution and its leaders credited with establishing the principle of personal punishment and responsibility in contemporary penal laws did this concept is limited to the advancement of the criminal liability of play a role in the commission of the crime, bu

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Publication Date
Sat Jul 18 2020
Journal Name
College Of Islamic Sciences
provisions 0f the special young man in marriageability: provisions 0f the special young man in marriageability
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This research –paper tack les some of matters relating to marriageability of the young man who has not attained discretion. the aim of this study is to highlight the religious precepts concerned. the religious missive to this effect reads; ''all praise be to Allah ,lord of the world ;I witness that  there is no god but Allah, the sole and only, to him all creation is attributed. He taught man with pen, and all that he does not know, so exalted is he, and I witness that Mohammed is his servant and messenger, the master of all messengers and the seal of all prophets who was entrusted with a message of march to all mankind. May the blessings of Allah be to him, his household and companions. Until the day of Judgement. "this missive i

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Publication Date
Sat Jul 31 2021
Journal Name
Journal Of Legal Sciences
Criminal protection of mass graves under the provisions of international humanitarian law
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Genocide and crimes against humanity have a distinct meaning in that they are particularly reprehensible attacks that constitute a grave assault on human dignity or constitute a gross humiliation or degradation of the dignity of one or more human beings, and they are not isolated and sporadic incidents.

That the crime of mass graves as a collective genocide is considered a mass murder of a group of people that is carried out on a discriminatory basis with the aim of their total annihilation as a race, people, or a distinct group that is culturally, culturally, linguistically or religiously independent, or for any reason that distinguishes them from humans, and this is what happened with the crime of mass graves in Iraq. We have n

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