There is no doubt that the exploitation of the ship in navigation requires large expenditures make their owners or processors in constant need to borrow from third parties for the purpose of maintenance of the vessel or processing with supplies and fuel or by providing them with tasks and equipment necessary for the exploitation of ship , and since all the money the debtor is general guarantee to meet its debts , but the creditor You may not get the full right, as other creditors could challenge him where the money is shared on all creditors of the debtor, the existence of public security does not distinguish between the creditors, the debtor may also sometimes smuggled money creditor is not able to get right.
In order to this , For this legislator has decided on the rights of creditors of the owners of the ship through insurance-kind accessory that enables them to get right before other creditors and ensure the fulfillment of their rights first before ordinary creditors, he decided to privilege and the mortgage the ship for the benefit of creditors bonded, so to them in case of non-fulfillment debtor religion the right to progress to meet their debts before other ordinary creditors the right to follow the ship in any hand be, has provided the legislator legal means to maintain the rights of creditors of the owner or equipped ship and to protect them from the debtor's business and smuggling ship to out of state by filing booking the ship, such as privilege and the mortgage the ship Executive on the ship.
In this paper, entitled rights in rem arising from the ship divided the subject into two parts in the first I study maritime privilege rights on the ship legal implications between contractors and the order of degrees of, privilege rights and how the expiration of the, privilege rights and in the second section dealt with the right of mortgage on the ship and the legal implications between contractors and the expiration of the mortgage Marine and Conclusion In the end, with some of the Recommendation.
The obligation in accordance with the provisions of the Iraqi Civil Code to meet the obligation to meet the charge for the acting renewal in loyalty, clearing, union of disclaimer, acquittal, impossibility of implementation and statute of limitations. However, the subject of our study will focus on one of these reasons, which is exoneration, but we will not deal with the provisions of acquittal in general, as we chose the nature of the acquittal as the target of this study because it provoked a doctrinal debate among Islamic doctrines, as this study lacked to examine the nature of the acquittal by comparing Islamic jurisprudence with civil laws.
Piracy is one of the most important problems faced by sound record producers, because it is a problem that evolves with the development of time and technology, and although piracy is not a new problem, it has received great attention in recent years, because of the means by which (the Internet) and its size result from it, even In many of the ruler, describing it as (the crime of the electronic age) and she participated in the great harm it causes to all the groups involved in it producing the sound recording, because there are three categories that contribute to the production of the sound recording, which is (the author of the recorded work, the artist who performs the work and the producer who performs an operation Performance recordi
... Show MoreSeveral recent approaches focused on the developing of traditional systems to measure the costs to meet the new environmental requirements, including Attributes Based Costing (ABCII). It is method of accounting is based on measuring the costs according to the Attributes that the product is designed on this basis and according to achievement levels of all the Attribute of the product attributes. This research provides the knowledge foundations of this approach and its role in the market-oriented compared to the Activity based costing as shown in steps to be followed to apply for this Approach. The research problem in the attempt to reach the most accurate Approach in the measurement of the cost of products from th
... Show MoreThe 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 MoreContinuous improvement, or Kaizen, is a philosophy that is based on the idea of continuously finding ways to improve things. From this point of view, continuous improvement is not limited to the quality of products or services but it also applies to all the processes in the organization. During the last two decades several continuous improvement approaches were developed and marketed. The advocates of each approach claim that their approach is the best, however all the approaches had their own advantages and disadvantages and had their share of criticism. The important question is how to choose the right continuous improvement approach? This research work addresses the philosophy, the concepts, the assumptio
... Show MoreThe general administrative sanctions from the sanctions ,which recently emerged to confront some of the crimes that do not deserve to face criminal sanctions due to the lack of seriousness and gravity in the eyes of society, but enough to face sanction administrative general expectation administration without resorting to the judiciary, characterized by administrative sanctions public bmatiha own are in- dividual administrative decision issued 
... Show MoreFreedom of trade are determine according to the philosophy of power that put the Constitution, it has been considered as individual Freedom, Then freedom evolved towards adopting social doctrine, Which allows the state to intervene for social justice, Then the new concept which is based on a market economy.
According to this concept the state will put the laws to control competition and trade, and it impose appropriate taxes, and have a right to Exercise in economic activity on the basis of equality, as is the case in France, Spain, Russia, Egypt .
The Constitution of Iraq for the year 2005 taking new concept of free trade indirectly as one of the modern foundations to repair the economy.
يعد الاجتهاد القضائي احد الحلول القانونية المهمة لمعالجة قصور التشريع فلقد عرفت المجتمعات الانسانية عبر تاريخها الطويل العديد من الحالات التي يجد فيها القاضي نفسه امام فراغ تشريعي فضلا عن النصوص القانونية المدنية التي يصعب على القاضي تطبيقها لما يشوبها من غموض او تناقض, الامر الذي يتطلب منه الاجتهاد للحكم بحل النزاعات المعروضة عليه لكي لا يكون منكرا للعدالة ,بيد ان القاضي في اجتهاده لم يكن مطلقا وانما مقيد
... Show MoreJudicial jurisprudence is one of the important legal solutions to address the shortcomings of legislation. Throughout its long history, human societies have known many cases in which the judge finds himself facing a legislative vacuum in addition to civil legal texts that are difficult for the judge to implement due to ambiguity or contradiction, which requires diligence. To rule on resolving disputes before him in order not to deny justice, but the judge in his jurisprudence was not absolute, but rather bound by certain controls represented by observing the wisdom of legislation on the one hand and taking into account the nature of the texts on the other side, and from here this research came to shed light on the juri
... Show MoreCriminal prescription is a legal idea that we find its applications in most laws, It means that a period of time has passed since the occurrence of the crime, which is called the prescription of the criminal case or the crime, or the lapse of a period of time since the issuance of a final judgment in the criminal case, and it is called the prescription of the penalty, the lapse of the prescribed period will result in the expiry of the criminal case in the first case, and the lapse of the penalty imposed in the second case. This system has been found since ancient times in the legislation of countries with their various legal and political systems because of its practical considerations, the most important of which is achieving legal stab
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