This paper sheds some light on the solutions provided for by the Iraqi legislator regarding securities under the provisions of the Law, No. 78 of 2013 (Law of electronic signature and electronic transactions). Secondly, it explores the legal nature of electronic promissory note and to what extent it can be used instead of the classical promissory note as its continuity as a means of the fulfillment of debts and credits specifically for paying external debts, and as a means of competing with other instrument of electronic pay back of debts. Thirdly, it also clarifies whether this electronic promissory note can be an alternative for electronic signature and acceptance of a promissory note. Further, it explains whether the Iraqi legislator has successfully tackled the issue? Finally, it comes up with certain suggestions in this regard in order to insure finding a successful legal solution for the issue in question.
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 Moreيواجه المصرف تحولات عديدة أثناء سير عمله ولا سيما قد تحول من مصرف صناعي يسعى الى تحقيق التنمية الصناعية ، من خلال منحه قروض وتسهيلات تنموية وتدعمه الدوله ، الى مصرف شامل يسعى الى تحقيق الربحية في ظل تنويع الأنشطة والخدمات والعمليات الائتمانية.يهدف البحث الى دراسة التحولات التي حدثت في المصرف الصناعي، وتأثير هذا التحول على النشاط الائتماني. وقد استند في ذلك على فرضية رئيسة وهي :-
... Show MoreThe research deals with analyzing the influencing role of trade policies in the growth and development of productive economic sectors and their contribution to GDP and its reflection on workforce employment. Studies have proven the success of the Malaysian experience in stimulating the productive economic sectors to grow and their contribution to the gross domestic product with an increase in the growth of local markets and access to international markets for national products. The research also deals with the ineffectiveness of Iraqi trade policies after 2003 in stimulating the productive economic sectors (agricultural and industrial) on economic growth, as most of the increase in Iraqi GDP growth throughout the study period was
... Show MoreAfter the tremendous development witnessed by the world of communications at the beginning of the third millennium, the activities that are performed through cyberspace have increased, and its importance has therefore increased, and the risks to which this space is exposed have increased, and in view of the global trend towards regulating this space and the practices that take place through it, as well as finding legal and technical ways to secure it. And to secure the services that are provided through it, it was necessary to determine the nature of this space and therefore its security. In order to create an appropriate theoretical framework around it that may be used if the Iraqi legislator goes towards organizing this space and secur
... Show MoreThe labor code is one of the laws that contain special criminal provisions, in which the legislator adopted a special penal policy in view of the nature of the protected interest or in view of those who addressed its provisions. We stipulated a series of labor crimes and arranged criminal penalties for them. The most important of these crimes is the description of misdemeanors or offenses. The penalty is either imprisonment or fine. it is noted that the Iraqi labor code no. (37 ) of 2015 did not adopt a general theory of criminalization and punishment ,but its penal provisions were scattered in the folds of the law .the criminalization of most of its provisions did not meet with the penalty law Iraqi penalties no(111)of 1969 ( which stip
... Show MoreUnder 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
... Show MoreThe 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
... Show MoreThe research aims to identify the effect of applying administrative decentralization to an educational performance by assessing educational performance before and after the process of transferring powers from the federal government (the Iraqi Ministry of Education) to local governments (governorates) as well as identifying the appropriate central or decentralized administrative system to advance the educational reality and performance. To achieve the goal of the research, educational data was collected and analyzed, as well as the measurement of educational performance indicators and analysis during two phases, the first represents the stage of applying the central system and spanned between the academic year (2011-2012) and the
... Show Moreيتناول البحث جزئية من جزئيات موضوع الفسخ المبتسر للعقد