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Civil liability of breaching the obligation of depositary to maintain and return the deposit it in English law: A comparative study in Iraqi civil law

The bailment is one of the well-established legal systems of the English common law, and which included the distinguished characteristics of both the law of contract and the law of property. It is worth-mentioning that this legal system has acquired those common features of these two prominent legal systems, which form an important part of the common law. By the judicial precedents made by English courts. And these precedents have adopted two different and divergent attitudes towards the qualification of the legal nature of bailment in English law . Whereas the Iraqi civil law No. (40) of 1951 regulated the legal rules of the bailment, considering it as a real contract, the conclusion of which requires the availability of four basic element. That is to say. The consent, subject-matter of the contract, cause or the motive of  contracting, and the element of delivery. But it has not adopted the notion of the sub-bailment.

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Publication Date
Sun Sep 01 2019
Journal Name
Journal Of Legal Sciences
The minimum employee’s salary in the Iraqi Legislation: Comparative Study

The subject of  "The minimum employee's salary  in the Iraqi Legislation" is a significant and practical importance for discussing the minimum range for salary as one of the important guarantees that approved by legislator in the civil law service and related laws based on the relied criteria and concepts that participate to decide that point. All that shall fit with general economical status and considering its development by routine viewing and increasing it based on the employee's status and his general position. This research will state the position of Iraqi legislator of reporting and adjusting the minimum range of employee's salary and comparing it with the status of  Egyptian and Lebanese legislators.  &nb

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Publication Date
Fri Dec 01 2017
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
The Role of Benford’s law to appreciation the risk in financial transactions: Application study in Baghdad University

The financial fraud considers part of large concept to management and financial corruption, the financial fraud is appeared especially after corporate, that is Emerge agency theory, that is because recognize relationship between the management company and stakeholder, that is through group from constriction in order to block the management to fraud practice, that on the basis was choose another party in order fraud this practice and give opinion on financial statement, that consider basis decision making from stakeholder to basis the report auditor about creditability this is statement that reflect real activity for the company.The Auditor in order to lead work him Full professionalism to must using group from control Techniques, that is

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Publication Date
Sat Dec 24 2022
Journal Name
Journal Of Legal Sciences
Commitment to what is Necessary As an Idea to Embody the Element of Morality in Law

Some actions do not come from the law, but rather from the moral will of a person, and these actions are necessary for people to do because a person is a moral being whose existence is determined by his relationship with values. And, since ethics is one of the normative sciences that link the end to the means, that is, of a person study is not limited to what is an object, or a current situation, but it should be. Therefore, task of a person is to set conditions that must be met in human will and actions in order to become the subject of legal and ethical rulings. This is because there is a close relationship between law and morality, and despite the absence of a legal rule that obliges individuals to do actions, such as extending a hand

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Publication Date
Fri Sep 02 2022
Journal Name
Journal Of Legal Sciences
Payment of administrative responsibility for electric power facility: a comparative study

The scope of the electrical power facility is determined by its employees' mistakes as follows and subject to its control and guidance, as well as those affiliated with mechanical machines or dangerous things that require special attention, and can be denied the responsibility based on a number of means to which the defendant is resorted to it, the law has been granted For the requirements of justice and to judge the judiciary in many of the provisions issued by an investigation into the principle of equity. The most important mistakes, which are the most important means that the electric power facility can resort to existing responsibility in accordance with Article (219) of the Iraqi Civil Law, which is responsible for fulfilling acts,

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Publication Date
Sat Apr 10 2021
Journal Name
Journal Of Legal Sciences
Time of Transmission of the loss in international sales Study accordance of Iraqi law& un convention on contracts for the international sale of goods (Vienna 1980)

This study deals with the topic time of transmission of loose international sales، which is defined by the Vienna Convention on the International Sale of Goods as "passing of risk"

As a basis for "the transfer of liability from the seller's custody to the buyer's guarantee. This expression was adopted by the legislator from the Islamic jurisprudence, which is in an acceptance interview in the real estate legislation. The arrest does not require that the actual possession of the goods has actually been done by the buyer. On the face of the buyer can be caught without a hail, and the Iraqi Trade Law No. 30 Of 1984, the provisions of the Transfer of Liability in International Sale were codified، and its provisions were quoted from

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Publication Date
Sun Dec 01 2013
Journal Name
Political Sciences Journal
The legal provisions of the continental shelf in international law

الأحكام القانونية للجرف القاري في القانون الدولي

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Publication Date
Thu Feb 11 2021
Journal Name
Journal Of Legal Sciences
Autonomous weapons in the light of the principles of international humanitarian law

This paper deals with "the prohibition of autonomous weapons in the light of the principles of international humanitarian law", The autonomous  weapon is the newly developed type of weapon, and it is the latest of the genius of the human race in finding another "automatic" race to undertake combat operations on its behalf, However, this matter was not left at all, Rather, each party to the armed conflict must abide by the principles of international humanitarian law to avoid the harmful effects of that weapon, In particular, adherence to the text of Article 36 of the First Additional Protocol of 1977, which obliges the Contracting Parties to conduct a review of their weapons before their launch to find out what is prohibited and per

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Publication Date
Wed Jun 15 2022
Journal Name
Journal Of Legal Sciences
Proposed Legislative solutions to Adopt the Community Service Sentence in the Iraqi Criminal legislation Comparative Study

The community service in its various forms topped up the alternative short term custodial sentence in some crimes, and experience has shown the success of this alternative in sparing the convicted negative effects of custodial sentences in all social, psychological and even economic aspects and on the other hand addressing the problem of overcrowding prisons. This penalty consists of requiring the convicted person to work certain hours in specific areas and within a certain period determined by the legislator. Through comparative analytical studies between Western and Arab legislation, we found there are such major differences in the ways in which [community service] has been worked out that it is impossible, indeed irresponsible, to tra

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Publication Date
Thu Feb 04 2016
Journal Name
Iraqi Journal Of Market Research And Consumer Protection
Study in the procedural provisions of the action consumption incidents A comparative study Under Iraqi Consumer Protection Act No. 1 of 2010.: Study in the procedural provisions of the action consumption incidents A comparative study Under Iraqi Consumer Protection Act No. 1 of 2010.

This research Sheds highlights the procedural protections that must be enjoyed by the consumer in the face of the product, which is the protection of no less dangerous than the substantive protection of our obligations and duties delivered by the legislature upon the product of consumer interest, what is the benefit of the right if the access road to him complicated, so know The consumer has a right to the face of the product, but leaves the claim, either to ignorance For access to this right either to the difficulty of connecting to him.
That this research modest attempt we tried through which to focus on the way to the consumer behavior of arrived right, as we tried to highlight the weaknesses and the complexity of the procedure to

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Publication Date
Sat Dec 24 2022
Journal Name
Journal Of Legal Sciences
The Role of National Committees in Applying International Humanitarian Law - Iraq as a Model

        In many countries there are national committees for the implementation of international humanitarian law that aim to advise and assist their governments in implementing international humanitarian law and spreading knowledge about it. The responsibility for the formation of these committees rests with the states, supported by the International Committee of the Red Cross, as one of the ways to ensure the effective implementation of international humanitarian law. The national committees for international humanitarian law seek to urge governments to implement and ensure respect for international humanitarian law and to contribute to its enforcement and dissemination at the national level.

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