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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 Jan 30 2019
Journal Name
Journal Of The College Of Education For Women
Civil Administration on the Suburbs of Al–Kufa
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We have found through research , that administrative institutions on the outskirts of Kufa and their management is not as important as administrative institution in place that were associated with it and subject to its control ,as it often was express power , or poor ( if true ) expression , directors of the center for the suburbs , as it became clear to our diversity of those administrative institutions and prominent role in the interest of the affairs of the people and society in all aspects of life , and are the functions and different staff from the highest authority the suburbs represented by house of representatives ( the workers ) ,then workers abscess and Al-dhaqan and not to mention for other jobs came the actions of Bhaltsier a

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Publication Date
Sun Jul 07 2019
Journal Name
Journal Of Legal Sciences
Provisions of Periods in the Matters of Personal Status and the Extent of the Judge's Power to Amend Them “Comparative Study”
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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

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Publication Date
Thu Aug 03 2023
Journal Name
Journal Of Legal Sciences
Civil Responsibility Resulting from Clinical Trials According to UAE Ministerial Resolution No. (730) for (2018)
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This study includes the new methods especially those related to clinical trials non-therapeutic clinical trials and new risks that may be exposed to. The Corna pandemic has raised many repercussions on all levels and fields, and raised many questions, especially in the legal field. Where many responsibilities arise because of the way to deal with this pandemic, exploit it, or neglect some of the obligations imposed to confront this pandemic. Therefore, the legislator had to intervene to organize practice of such clinical trials in order to ensure stability and reassurance, whether to the doctor, researcher or people who subject to such clinical trial in accordance with the Ministerial Resolution No. (730) of (2018). Therefore, such trial

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Publication Date
Thu May 30 2019
Journal Name
Journal Of Legal Sciences
Study of the Civil Forfeiture System According to the United Nations Convention against Corruption
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Civil Forfeiture is a controversial legal process that allows law enforcement authorities to seize assets when there is a suspicion that assets are the proceeds of crime, regardless of the accused’s conviction for crime. This process viewed on the one hand as a strong weapon for targeting criminal assets and means to commit further criminal activity, and on the other hand as a violation of the rights of individuals. Justifications have been introduced to support both sides. This Article examines those justifications, and supports the civil forfeiture system to be applied in Iraq. The Article proposes the core elements that need to be considered in adopting civil forfeiture legislation in Iraq.     &

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Publication Date
Thu Dec 15 2022
Journal Name
Journal Of Juridical And Political Science
Civil Liability Arising from Children Abuse. A Comparative Study of American Law
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Researchers are interested in the issue of children abuse and they look for its cause in the past and present. Their interest is limited to identifying penal liability which is caused by children abuse away from focusing on civil liability. So, the study is going to clarify the parents' responsibility for children abuse rather than civil liability of the medic in case he wouldn’t notify the authorities about the case according to the American law rules and the attitude of Iraqi law rather than some judicial application of civil cases that were exposed to American judiciary concerning children abuse.

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Publication Date
Thu Dec 15 2022
Journal Name
Journal Of Juridical And Political Science
Civil Liability Arising from Children Abuse. A Comparative Study of American Law
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Researchers are interested in the issue of children abuse and they look for its cause in the past and present. Their interest is limited to identifying penal liability which is caused by children abuse away from focusing on civil liability. So, the study is going to clarify the parents' responsibility for children abuse rather than civil liability of the medic in case he wouldn’t notify the authorities about the case according to the American law rules and the attitude of Iraqi law rather than some judicial application of civil cases that were exposed to American judiciary concerning children abuse.

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Publication Date
Tue Feb 08 2022
Journal Name
Political Sciences Journal
The role of variables contact for non-state actors and opposite forces of civil social in ensuring the social peace
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Receipt date:6/3/2021  acceptance date:4/5/2021 Publication date:31/31/2021

Creative Commons License This work is licensed under a Creative Commons Attribution 4.0 International License.

The research in the role of variables contact for non-state actors have become more influential in the current of contemporary events, that related with the reality of seeking services and providing all of that in favor of maintaining the social peace, and ensuring its empowerment in order to make peace and stability outcomes as a real fa

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Publication Date
Tue Jun 19 2018
Journal Name
Elmofaker Review
Secondary liability for electronic auctions arising from the contribution to trademark infringement
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Despite the global economic downturn, online e-commerce, especially the sale of counterfeit goods, continues to witness a rise in sales, and one of the important players in e-commerce is the owners of e-commerce auction sites. Although they do not have a direct role in trademark infringement, they still consider them indirectly responsible (secondary liability) for infringing on their trademarks. Thus, many cases have been filed by the owners of the original trademarks (which have been infringed by persons who have sold some of the goods and products that are imitating their marks through some electronic auctions) against the owners of those auctions. In view of the international character of the Internet, in different countries, and despit

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Publication Date
Fri Jan 10 2020
Journal Name
Journal Of Legal Sciences
Legal Problems In one person company Limited liability
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The emergence of one-person company as a necessary to cope with the needs of the market and the result of economic development and trade activities and the need for the market for the emergence of many companies and increase the opportunity to work and eliminate unemployment. One person is a turning point because it will encourage many owners of economic activities to establish these companies properly legally, which has an impact on improving the economy in the indicators of global competitiveness and in order to reduce the sham companies, and the development of business Irrigation and investment activities practiced by the various companies have emerged the need for this company, has been e-commerce and its role in small and medium-siz

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Publication Date
Sat Aug 20 2022
Journal Name
Journal Of Legal Sciences
The sanction for breaching the promise of the contract in view of the amendment of the French Civil Code by Decree No. 131 of 2016
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  Breach of the promise to contract and the penalty resulting from this breach is one of the important topics that occupied a wide space of interest in civil law jurisprudence when studying the subject of the promise to contract, and this importance did not disappear from the mind of the judiciary, so it was present in its decisions. This importance is due to the specificity of the promise to contract, despite being a contract Like other contracts, the breach of it is characterized by a special nature, as it may take place before the stage of expressing the desire on the part of the one who is promised, and it may be after expressing that desire. Based on this importance, the penalty for breaching the contract promise will be the su

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