Preferred Language
Articles
/
jols-217
الهدف العسكري المشروع واهم المباديء التي تحكمه في القانون الدولي الانساني
...Show More Authors

The direct military attacks in international armed conflicts may be against military targets Oalohdav and civilian objects alike, and so these attacks are legitimate, so do not result in an international responsibility, must be directed to the legitimate military targets without objects and civilian objects, and then may ask international law two conditions in these goals even can be counted legitimate military objectives may strikes her, the two effective contribution to military action, and to achieve a definite military advantage when directing attacks against it, and most of the development of international humanitarian law legal principles that limit the persistence of hostile forces to strike and attack targets and objects without distinction, so as not to attack these targets, damage to civilians and civilian objects, and perhaps the most prominent of these principles, the principle of distinction, which requires the distinction between civilians and combatants and between civilian objects and military dignitaries, and the principle of proportionality between the generated feature or desired investigation of the attack and damage and its expected impact on civilians and the environment

Crossref
View Publication Preview PDF
Quick Preview PDF
Publication Date
Thu Dec 27 2018
Journal Name
Revue Académique De La Recherche Juridique
Extent and limits of the judge's power to the contract (Comparative study)
...Show More Authors

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.

View Publication
Publication Date
Fri Dec 01 2017
Journal Name
Journal Of Legal Sciences
النظرية الشخصية المحددة لدور للإرادة في اختيار القانون الواجب التطبيق: دراسة في تنازع القوانين
...Show More Authors

ان استقرار قاعدة قانون الإرادة لم يتم بشكل نهائي إلا في نهاية القرن التاسع عشر وفي رحاب المذاهب الفردية ، تلك المذاهب التي نتجت من رحمها النظرية الشخصية ، وهذه النظرية ترتكز على مبدأ سلطان الإرادة والاعتراف للفرد بحقوق مصدرها طبيعته الإنسانية الحرة ، وان حقه في الحياة هو الأساس لكل الحقوق الأخرى ، وهذا الحق يمنح إرادته القدرة على إنشاء المراكز القانونية بصورة مستقلة على القانون الذي يقصر دوره على تمكين الف

... Show More
View Publication Preview PDF
Crossref
Publication Date
Mon Dec 25 2023
Journal Name
Journal Of Legal Sciences
The dialectic of the intercourse and the female's lack of consent elements in the crime of rape in Bahraini law: A comparative study
...Show More Authors

The crime of rape is based on three pillars, the objective pillar which is the act of intercourse, the victim’s lack of consent pillar, and the subjective pillar, which is in the form of criminal intent, and since rape is an intentional crime, there is stability in the legal trend on its content, which is the knowledge of the perpetrator and his willingness to sexually assault the victim without consent.

However, there are many controversial issues regarding the act of sexual assault and the lack of the victim’s consent which are studied in this article.  As the difference in the definition of sexual intercourse leads to the exclusion of many acts from the concept of the crime of rape, such as the difference in what is m

... Show More
View Publication Preview PDF
Publication Date
Sat Jun 25 2022
Journal Name
Al-mağallaẗ Al-šāmilaẗ Li-l-ḥuqūq
The intention to harm others is one of the forms of abuse of the right - a study in the light of American law
...Show More Authors

In a world of limited space, the owners are always surrounded by others next to them, and, consequently, there is hardly any activity which the owner may exercise on his land which would not affect the other owners. If he builds a building, that building may block the sun's rays or the air from the buildings next to it and owned by other people. And if he runs a business, the lands adjacent to that business may be overburdened with the accompanying noise or traffic. If oil is prospected in a land, the neighboring lands may be deprived of oil or their owners may be exposed to toxic fumes. Hence the importance of researching the intention of harming others, as it is one of the most important forms of abuse in the use of the right (especially

... Show More
View Publication
Publication Date
Sun Nov 27 2022
Journal Name
Al–bahith Al–a'alami
Municipality of Baghdad’s communication means and methods during imposing the law operations
...Show More Authors

This study aims at  identifying  how Baghdad Municipality employs public relations in law enforcement operations and the role played by the Municipality in communication and communicating with the public, raising their awareness and educating them to not  abuse public property.  As for the research tools, the researcher used the questionnaire as a data  collection tool in addition to an analytical description of the means and methods of communication for public relations on  Baghdad Municipality Facebook page.

The research comes out with a set of result; the most important of which are:
The means through which citizens learned about the existence of campaigns to impose the law an eliminate violati

... Show More
View Publication Preview PDF
Crossref (1)
Crossref
Publication Date
Thu Jun 15 2023
Journal Name
Journal Of Legal Sciences
The Reliance Damages for Depending Upon the Contract - An Analytical Comparative Study with the Iraqi Civil Law
...Show More Authors

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 More
View Publication Preview PDF
Crossref
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
...Show More Authors

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

... Show More
View Publication Preview PDF
Crossref
Publication Date
Tue Jan 05 2010
Journal Name
Political Sciences Journal
بعض الملاحظات على القانون رقم 35 لسنة 2007 قانون العمل الصحفي في كوردستان
...Show More Authors

بعض الملاحظات على القانون رقم 35 لسنة 2007 قانون العمل الصحفي في كوردستان

View Publication Preview PDF
Crossref
Publication Date
Wed Jun 15 2022
Journal Name
Journal Of Legal Sciences
Catering Contract of Restaurants in the English Law. A Comparative Analytical Study with Iraqi Civil Law
...Show More Authors

The Catering contract is considered as a type of hospitality contracts in the English common law of customary origins. Which is unwritten and based upon judicial precedents of the English courts. It is a complex contract of mixed nature، Is Regarded as a contract for the sale of meals of food and drink،, and is considered as a contract for supply of services concerning the preparation of food and drink، for providing them to the customer، as well as being a bailment contract. It is worth-bearing in mind that this contract is subject to the rules of three important English legislations: The Sale of Goods Act 1979، The Supply of Goods and Services 1982، The Consumer Protection Act 1987، and The Consumer Rights Act 2015. It is also w

... Show More
View Publication Preview PDF
Crossref
Publication Date
Sat Jul 06 2019
Journal Name
Journal Of Legal Sciences
التجاوز على المرافق العامة في القانون العراقي (بحث ميداني ضمن حدود أمانة بغداد)
...Show More Authors

   position The problem of the deterioration of public utility services belonging to municipal departments and frequent abuses, located on one of the biggest problems of the Iraqi citizen, the show in the capital Baghdad is more than other provinces, and that was a weakness of state authority secretions and mismanagement that resulted in weakness in the performance of Municipal districts of the provisions legislated legal protection to keep public money.

The researcher reached to the existence of a number of gaps in the municipal legislation, Iraqi legislator was not in a number of successful legislation to preserve the sanctity of the public interest, Some texts have been wasted society's right of reprisal against the

... Show More
View Publication Preview PDF
Crossref