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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
Tue Oct 31 2023
Journal Name
College Of Islamic Sciences
Crimes against offspring In Sharia and law

Crimes are prohibited by law and God Almighty has forbidden them with punishment or punishment.
The punishment is the prescribed punishments that the law has determined in its place and stipulated in the Book of God or the Sunnah of His Prophet, may God bless him and grant him peace.
Ta’zir: These are the punishments that are left to the ruler to assess according to what he sees as preventing corruption on earth and preventing evil. Extrapolation has proven that all the provisions of Islamic Sharia include the interests of the people, and they are based on five matters: what is in it is preserving the religion, what is in it is preserving the soul, and what is in it is preserving the soul. It involves preserving the mind, preserv

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Publication Date
Wed Oct 30 2019
Journal Name
Journal Of Legal Sciences
The Rule of Privatization in its legal concepts in Iraqi Legislations – Comparative Study with French Legislations

States seek to regulate their economic and financial life to ensure their survival and their continued performance of the tasks entrusted to them in the organization of public facilities and ensure their progress in order to ensure their provision in the provision of public services to their peoples. These countries may follow new economic policies that were not addressed in advance, including the policy of privatization, To put the constitutional and legal provisions governing this economic policy in contradiction to the principles of legality and legitimacy is in the performance of its work, so the search has revealed the rule of privatization as an economic policy in the Iraqi legislation compared to the French legislation for the pur

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Publication Date
Sun Jul 01 2012
Journal Name
Journal Of Educational And Psychological Researches
A comparative study between the emotional responses in patients with blood pressure on a scale of music types characteristics compared with responses to some Healthy patients

The problem of the study and its significance:

           Due to the increasing pressures of life continually, and constant quest behind materialism necessary and frustrations that confront us daily in general, the greater the emergence of a number of cases of disease organic roots psychological causing them because of severity of a lack of response to conventional treatments (drugs), and this is creating in patients a number of emotional disorders resulting from concern the risk of disease

 

     That is interested psychologists and doctors searchin

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Publication Date
Sun Dec 01 2019
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
Application of the excess cash margin model (ECM) to detect the Earning Management in the banking sector: Comparative study between commercial and Islamic banks

 

The research draws its importance from identifying the methods of profit management in misleading the financial statements, which in turn is reflected in the decisions of the authorities that relied on these reports, and then the models that help in detecting those methods used by the auditors. Risks. The index (margin of excess cash) was used to detect profit management practices on a group of banks listed in the Iraqi market for securities and the number of (23) banks, including (12) commercial bank and (11) Islamic bank and the results were compared to commercial banks with Islamic banks.((The research started from the hypothesis that the use of the (excess cash margin) model in the banking sector reveals the management

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Publication Date
Thu Aug 03 2023
Journal Name
Journal Of Legal Sciences
The Competent Administrative Authority In the Management of the General Facility of Oil and gas in the Iraqi Legislation

In this research, we will deal with the administrative body concerned with the management, exploitation and regulation of oil activity and oil operations, which the Iraqi legislation in force dealt with in terms of composition and tasks. And the Ministry of Natural Resources and public companies specialized in oil affairs, and both facilities operate independently without unified cooperation or guidance between them, with the union of the subject of activity, which is the oil and gas wealth owned by the entire Iraqi people. Where it was noted that there are two authorities that use the method of centralization and decentralization in the management of oil operations, and it was also noted that there is a mismatch between the legislation

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Publication Date
Thu Dec 30 2021
Journal Name
Journal Of Legal Sciences
Legal regulation for a labor inspector: A comparative study between Iraqi legislation and the Algerian and Bahraini legislation

The labor inspector may be exposed - while performing his duties that are legally assigned to him - to threats or attacks on him by employers, which makes it impossible for the inspector to perform these jobs.

This has prompted international and Arab labor inspection standards, as well as national labor laws, to emphasize the need to provide security support and legal protection for the labor inspector, and to punish employers' violators, with the aim of extending the authority and prestige of the state and ensuring the enforcement of laws and thus achieving the goals for which it was legislated.

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Publication Date
Tue Dec 30 2014
Journal Name
College Of Islamic Sciences
The sale of adultery wisdom and pictures      In Islamic law

The research came in order to take note of the types of inscription and to clarify its provisions and to show some of the possibilities of Islamic law in the sales side and its ability to influence in Islamic markets, and to achieve the required level and appropriate of the transactional results by activating them in economic life, and give a clear picture of the performance of selling in the law and the possibility of applying one of Its uses in this aspect, and enable them to take advantage of the method of explicitly sell without the injustice of others as one of those useful sales uses.

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Publication Date
Sat Dec 01 2012
Journal Name
Journal Of Economics And Administrative Sciences
The use of two indicators of market value-added and return on capital invested in measuring the performance of the Iraqi banking sector

For a long time, the intensification of profit represented a major goal for the company management ,but this goal confirmed a series of restrictions such the constriction on short period, the time rather than on long and medium strategic goal, the relationships with customers ,the supplies, employees , This goal is replaced by another one (intensification of the company's value) ,and the fortune of the share holders itself ,for the purpose  of creating value, the company must generate  great outcomes to cover the operating expense and to insure the a suitable compensation to the invested capital (the market value added) is  the indication used to estimate the company ability to create value –added the development

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Publication Date
Tue Dec 22 2020
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
Accounting Disclosure for non-current intangible assets according to international accounting standard (IAS16, 36): A Comparative Study of the State Company for Travelers and delegates Transportations

The Accounting Disclosure for non-current intangible assets is necessary to rely on accounting information by decision makers in the economic unity, two international accounting standards issued (IAS16,36), which aims to provide the foundations of the recognition, measurement and disclosure of appropriate assets Non-current tangible. (IAS16) allowed to use re-evaluation approach to measure assets entrance due to the inadequacy of the accounting information resulting from the application of the historical cost of the entrance under increasing technical developments and continuing that leave clear their effects on non-current intangible assets, As well as the requirements of what came (IAS36) the importance of accounting for the impairment

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Publication Date
Thu Jun 01 2023
Journal Name
مجلة الحقوق المستنصرية
المستندات الموقع عليها عن طريق الغلط دراسة في القانون الانكليزي

الغلط في القانون الانجليزي على انواع ثلاثة (غلط مشترك Common mistake ) يقع فيه الطرفان مع علم كل منهما بنية الآخر ويقبلها دون ان يشوب الاتفاق نقص او يعتريه تحفظ ، و(غلط من الجانبين Mutual mistake) يكون كل متعاقد واقعا في غلط فيما يتعلق بما قصده الآخر، فيقدم كل منهما عرضاً مخالفاً للآخر و(غلط من جانب واحدUnliteral mistake ) يقع فيه احد المتعاقدين فقط ويكون المتعاقد الآخر اما عالماً بالغلط او يفترض انه عالم به . فإذا دفع احد المتعاقدين

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