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أحكام الامتناع عن الفعل في المسؤولية عن الفعل الشخصي
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تترتب مسؤولية فاعل الضرر عن خطأه اذا الحق المخطيء ضررا بالغير، وهو امر لاخلاف عليه فقها وقانونا، وهو ما يعر ف بـ (الخطا الايجابي). فمتى وقع الضرر قامت مسؤولية المخطيء. ولا فرق هنا بين ناقص الاهلية او عديمها أو كاملها، فكل من الحق ضررا بالغير تحمل فاعل الضرر المسؤولية عن فعله. ولكن الامر ليس سيان بالنسبة للخطا السلبي، فهل تطبق قواعد الخطا الايجابي في حالة ارتكاب الضرر نتيجة لخطأ سلبي؟. بمعنى آخر هل يتحمل فاعل الضرر المسؤزولية عن الخطا السلبي؟ وهنا تندرج صورة من صور الخطا السلبي او وهي (الامتناع عن الفعل)، وهو الحالة التي يلتزم فيها الفرد بعدم القيام بعمل في الوقت الذي يفرض عليه القانون احيانا القيام بعمل. أو يفرض عليه الواجب القيام بعمل معين. أشكالية البحث: وهنا تثور أشكالية تتلخص في ما ياتي:

 1– ما هو الحكم القانوني في حالة امتناع الفرد عن القيام بعمل مفروضا عليه بحكم القانون او بحكم الواجب القانوني العام؟

2– هل يتساوى اثر الامتناع عن الفعل الذي يفرضه الواجب القانوني العام، مع الاثر الذي تفرضه النصوص القانونية الخاصة؟

3– هل يتساوى الحكم على الممتنع ناقص الاهلية، والممتنع كامل الاهلية؟

4– ماهو الحكم اذا كان الممتنع ناقص الاهلية، بمعنى ان يكون الضرر ترتب على امتناع شخصا ما عديم الاهلية؟ 5– وأخيرا ما هو موقف الفقه الاسلامي من هذه المسألة بالذات، وما هي اراء الفقهاء في الموضوع. هذه الاشكاليات جميعها سوف نجيب عنها في هذا البحث ان شاء الله تعالى.

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Publication Date
Tue Jun 20 2023
Journal Name
Baghdad Science Journal
Detection of Autism Spectrum Disorder Using A 1-Dimensional Convolutional Neural Network
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Autism Spectrum Disorder, also known as ASD, is a neurodevelopmental disease that impairs speech, social interaction, and behavior. Machine learning is a field of artificial intelligence that focuses on creating algorithms that can learn patterns and make ASD classification based on input data. The results of using machine learning algorithms to categorize ASD have been inconsistent. More research is needed to improve the accuracy of the classification of ASD. To address this, deep learning such as 1D CNN has been proposed as an alternative for the classification of ASD detection. The proposed techniques are evaluated on publicly available three different ASD datasets (children, Adults, and adolescents). Results strongly suggest that 1D

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Publication Date
Mon Jul 09 2018
Journal Name
اتحاد الاحصائيين العربوقائع المؤتمر الدولي العلمي السادس لاتحاد الاحصائيين العرب
The Use of Markov Chain to reveal the reality of non- oil econ0miv indicators in Iraq
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The research mainly seeks to predict the amounts of non- oil Iraqi exports which concludes ) Food & Animals , Raw materials and non- tanned Leather and fur , Mineral fuels and Lubricating Oil , Chemical substances and amounts , Manufactured goods , Electrical and non - electrical machines , Supplies and Total non- Oil exports ) by using Markov Chain as one of Statistical approach to forecasting in future . In this search We estimate the transliteration probabilities matrix according to Maximum Likelihood on a data collected from central organization for Statistics and information technology represents an index numbers of non- Oil exports amount in Iraq from 2004 to 2015 depending on 2007 as a basic year . Results shown that trend of index

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Publication Date
Wed Oct 01 2014
Journal Name
Journal Of The Faculty Of Medicine Baghdad
Management of Obstractive Jaundice Due to Common Bile Duct Stone in Baghdad Teaching Hospital.
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Background: the most common cause of obstructive jaundice is CBD stones, and these can produce significant morbidity and mortality. The management of the obstructive jaundice due to CBD stones is in evolution; several methods of investigations and treatment have been introduced, and each one has its own advantages and disadvantages.

Objective: to study and evaluate the management of obstructive jaundice due to CBD stones in Baghdad teaching hospital.

Results: from the 125 patients presented with obstructive jaundice included in this study 14 patients were found to have a periampullary lesions, and they were excluded from the study, so the total number of the patients was

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Publication Date
Tue Sep 15 2015
Journal Name
Alustath Journal For Human And Social Sciences
The Degree of Satisfaction of Secondary School Principals with the Role of Universities and their Obstacles in Developing their Administrative Skills
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    A field study aimed at identifying the degree of satisfaction of secondary school principals with regard to the role of universities and their obstacles in developing their administrative skills. It adopted the descriptive analytical approach. The research community consisted of (249) male and female principals in the schools of Baghdad (Al-Rusafa and Karkh), and the research sample was chosen by the simple random stratified method at a percentage of (40%) of the research community, and the number of the sample was (100) male and female principals. A questionnaire consisting of (40) items distributed between two domains was developed. Its validity and reliability were confirmed. The researcher used the (SPS

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Publication Date
Tue Dec 11 2018
Journal Name
Iraqi National Journal Of Nursing Specialties
Detection of Hypertension among Cardiac Diseases Inpatients at Kirkuk City Hospitals
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Objectives of the study: The main objective of the study is to assess the prevalence of hypertension among
cardiac diseases patients and to fiend out relation ship between hypertension and cardiovascular diseases.
Methodology: A descriptive study, using interviewer and questionnaire technique was conducted on cardiac
diseases inpatients of clinic unite at Kirkuk and Azady hospitals from 17th ,June ,2012 to 1st, March , 2013.
Non – probability (purposive) sample of (148) adult patients, (81) females and (67) males with heart disease are
selected from inpatients of clinic unite at Kirkuk and Azady hospitals at kirkuk city. Questionnaire was
developed to assess the items which are related to heart disease patient's (Dise

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Publication Date
Sun Jun 21 2020
Journal Name
Baghdad Science Journal
Detection of Aflatoxin B1 among Early and Middle Childhood Iraqi Patients
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      The study was conducted for the detection of Aflatoxin B1(AFB1) in the serum and urine of 42 early and middle childhood patients (26 male and  16 female ) with renal function disease, liver function disease, in additional to atrophy in the growth and other symptoms depending on the information within consent obtained from each patient, in addition to 8 children, apparently healthy, as  the control. The technique of HPLC was used for the detection of AFB1 from all samples. The results showed that out of 42 patient children, 19 (45.2%) gave positive detection of AFB1 in the serum among all age groups patients with a mean of 0.88 ng/ml and a range of (0.12-3.04) ng/ml. This was compared with the cont

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Publication Date
Sat Apr 01 2017
Journal Name
Journal Of Economics And Administrative Sciences
Proposal framework to activate the international accounting procedures for disasters and wars effects in the local environment
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natural and non-natural disasters, is an environmental challenges the society and the economy as well as a direct and indirect economic affect, and the units are part of the system overlapping among themselves and thus affected by external indicators, directly or indirectly, these direct effects appear in the destruction or damage inflicted by disasters in property , infrastructure , superstructure , accounting information systems and indirectly in the outcome of future business, comes research problem through access to accounting treatments issued by the Federal Office of financial supervision to address the damage caused by the disasters and prepare the missing financial accounts it turns out us that there is negligence of a nu

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Publication Date
Wed Jun 01 2022
Journal Name
Journal Of The College Of Languages (jcl)
Concept of Time in the Poetry of Abdulhaq Hamid: Abdülhak Hamid'in Şiirlerinde Zaman İncelenmesi
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     After Organization literature era, two literary schools appeared in Turkey and Abdulhaq Hamid is one of this period most prominent poets. During his stay in France with a group of colleagues sent by Turkish Government, he was greatly influenced by the French modern literature and the French modern literary authors.

     The study discusses the concept of time in the poetry of Abdulhaq Hamid. Reading his poetry, it can be noticed that time is important where he frequently refers to day and night, morning and evening as time insinuations. Hence, the present paper gives a brief study of the poet’s life, and sheds lights on his poems that deal with time- concept.

Ön Söz

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Publication Date
Tue Nov 01 2016
Journal Name
Journal Of Economics And Administrative Sciences
The Impact of the Financial Reporting of Liabilities and Assets of Deferred Income Tax in the quality of Accounting Information
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Abstract

The research problem Focused about extent adoption of the financial reporting obligations and assets of the deferred income tax attributable to the concepts of accounting theory and whether the tax laws or accounting principles as well as local accounting rules to recognize the obligations and assets of deferred income tax in the financial statements, and what is the impact of the financial reporting of liabilities and assets Deferred tax in the quality of accounting information, and research aims to the statement of the accounting concepts of the theory of financial reporting obligations and assets of deferred income tax, view and analyze the differences in reporting, resulting from a discrepanc

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Publication Date
Tue Jun 30 2020
Journal Name
Iraqi Journal Of Market Research And Consumer Protection
DETECTION OF Staphylococcus aureus CAUSED OF FOOD POISONING IN RED & WHITE MEAT OFFERED IN LOCAL MARKETS: DETECTION OF Staphylococcus aureus CAUSED OF FOOD POISONING IN RED & WHITE MEAT OFFERED IN LOCAL MARKETS
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This study was conducted to investigate the presence of Staphylococcus aureus in the red and white meat available in local markets. They were selected ten samples of red and white meat randomly (Iraq, Saudi Arabia, Turkey, and Brazil) from different markets in Baghdad, and the results of reading the nutrition facts of media indication card showed that all models confirm to the Iraqi standard quality in terms of scanning all data of the media indication card, except for the birds of Bayader, where the date of expire & production date of the product was not mentioned. Also, the results of the study showed that there is no Staphylococcus aureus in local red and white meat as well as imported.

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