The aim of this study is to know the capability of the Iraqi system law, to organize contracts of supplying software especially the contract of designing or developing software, according to the requirements of somebody. The specific software features than typical software, where the later imported as a goods, while the incoming contract to designing or developing specific software represents employment contract, in this case leads to a complicated problems of the type of contract, the later contract may interact with sale contract and lease contract. Hire contract applies to the contract of this study, where supplier to these software is contractor and the person who designed the required software, as a result this study can be divided into two parts: In The first part we discussed the concept of the hire contract of specific software, and in the second part we discussed the contracts parts.
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.
The exception of contract non-Performance represents an important mechanism in the implementation of obligations. It enables a contractor to refrain from implementing its obligation until the other party has fulfilled its obligations. It is a means of defense, pressure and guarantee of its rights. It is stipulated in articles 161 of the Egyptian Civil Code and Article 123 of the Civil Code While it was not provided for in the French Civil Code except after the issuance of Order No. 2016-131 on the reform of the system of contracts and public order and the establishment of obligations in articles 1217, 1219 and 1220 thereof. These texts, although they did not show the basis on which the exception of contract non-Performance, leaving this
... Show MoreThe ultimate goal of any sale contract is to maximize the combined returns of the parties, knowing that these returns are not realized (in long-term contracts) except in the final stages of the contract. Therefore, this requires the parties to the contract to leave some elements open, including the price, because the adoption of a fixed price and inflexible will not be appropriate to meet their desires when contracting, especially with ignorance of matters beyond their will and may affect the market conditions, and the possibility of modifying the fixed price through The elimination is very limited, especially when the parties to the contract are equally in terms of economic strength. Hence, in order to respond to market uncertainties, the
... Show MoreIn bilateral contracts, if one of the contracting parties does not fully perform his obligation the other contracting party may ask the court to rescission the contract in full, but the failure to perform may be limited to part of his obligation, then the following question arises: Can the contract be partially rescission ? It is noted that there is a great jurisprudential and judicial disagreement on this subject, And we ended up saying that it is not permissible for a court to order on partial rescission without the approval of the creditor, because the judgment of partial rescission requires to compel the creditor to accept partial payment, which is rejected under Article (392) of the Iraqi Civil law.
There are two ways that the contract might be formed with (contracting between persons who are attended and contracting between absence persons).the need for determining the precise moment of the contract , is so clear because there is a specify period separate between the declaration of acceptance and the knowledge with it .and it is clear from the four theories known for jurisprudence (theory of the declaration of the acceptance, theory of exporting the acceptance , theory of the arrival of the acceptance , theory of the knowledge with the acceptance ) . It is difficult to promote one theory on another one if we look at each one and the justification of its supporters and what the opponents of each theory expose. Legal background and diff
... Show MoreThe right of the owner of the floor or apartment over his detached unit is a full ownership right, which simplifies to its owner the powers of use, exploitation and disposal, provided that the owner’s powers in the system of ownership of floors and apartments, as well as their adherence to the general restrictions of ownership, remain also restricted by agreement restrictions, the source of which is title deeds And the building bylaws, which are drawn up by the Building Owners Association.
The reliance damages for depending upon the contract are considered as a type of damages arising from the breach of the contract, which are included within the common law remedies for the damage and loss suffered by the non-breaching party. It is worth-bearing in mind that the reliance damages are monetary in nature, and different from such equitable remedies as the specific performance and the injunction which are of real nature. It is to be noted that this piece of research is dedicated to study the concept of the reliance damages in the English law, as well as their states, the judicial doctrines upon which this type of damages is based, and the manner how the courts estimate them. Compared with situation of the Iraqi civil law No. (4
... Show MoreBlockchain is an innovative technology that has gained interest in all sectors in the era of digital transformation where it manages transactions and saves them in a database. With the increasing financial transactions and the rapidly developed society with growing businesses many people looking for the dream of a better financially independent life, stray from large corporations and organizations to form startups and small businesses. Recently, the increasing demand for employees or institutes to prepare and manage contracts, papers, and the verifications process, in addition to human mistakes led to the emergence of a smart contract. The smart contract has been developed to save time and provide more confidence while dealing, as well a
... Show MoreThe importance of a Technical Assistance Contract is coming as a means of one of transfer knowledge ways of technology from the party that knows it, to the party that does not know it, So it was considered as one of the most important requirement to develop countries and there subsidiaries projects, by this contract, these countries are able to absorb transferee technology knowledge and adapted according to local environmental conditions.
This research dealt with highlighting the images of marriage through the modern means of communication and the legal ruling for it. Dowry even be knotted on them; because they are then one of the parties to the contract and contracted in one contract, and this is prohibited by law and law and common sense.
It turns out that it is permissible to advertise marriage through the Internet in accordance with the rules and standards that preserve values and morals and safeguard dignity and chastity. The acts in Islamic law are vested with intentions. If intentions are true, then the act is true, and Internet marriage is what falls under this order.<
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