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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
Thu Aug 31 2023
Journal Name
Journal Of Legal Sciences
Constitutional protection of the Human Right Dignity in UAE Law

God Almighty created Man and made him his successor on Earth. He honored him above all other creatures and granted him all means to protect his human dignity, yet to date some societies violate and breach that protection. We are still hearing of the persecution of blacks in the USA and murdering Muslims in foreign countries even though these groups are entitled to the right to human dignity. The right to human dignity is a sacred right that is guaranteed for all individuals regardless of their color, sex, race, religion or origin. The real problem we are facing is that many societies do not provide sufficient protection for this right and do not put penalties and punishment in case this right is violated. There are numerous forms of the

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Publication Date
Wed Dec 29 2021
Journal Name
Journal Of The College Of Education For Women
Employment and Labor Union Laws in Japan between the 1889 and 1946 Constitutions: A Comparative Study: أفراح محمد علي

This research is based on the descriptive and analytical methodology. The importance of studying labor laws and labor unions in Japan between 1889 and 1946 constitutions is because Japan was out of a feudal phase, and had no idea about the factory system and industrialization in their modern sense before the Meiji era. Generally, its labor system used to be mostly familial, and the economic system was based on agriculture. This called for the enactment of legislations and laws appropriate for the coming phase in Meiji era. Thus, this paper examines the role of Meiji government in enacting labor legislations and laws when he came to power in 1896, and his new constitution in 1889 and the civil code of 1896. It further examines the way Mei

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Publication Date
Tue Dec 24 2019
Journal Name
Journal Of Legal Sciences
Penal requirement in the contracts of professional players: comparative study

          Sport is generally no longer merely a game of entertainment, but it is a work of the player for the sports club contracted by him. The player is no longer regarded as a means of entertainment and physical development, but is seen as an economic Which is to gain a return for the effort, and because of the spread of the phenomenon of professionalism in the field of sports, emerged sporting contracts coupled with penal conditions as a means to regulate the relationship between the player and the sports club is the contract transfer professional player and his loan, and his professional contract, which concerns us in this regard is to address the J Loyalty) contained in the contract betw

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Publication Date
Mon Sep 02 2019
Journal Name
Journal Of Legal Sciences
Parts of hire contract to supply specific software: Comparative Study

The aim of this study is to know the capability of the Iraqi system law, to organize contracts of supplying software especially the contract of designing or developing software, according to the requirements of somebody. The  specific software features than typical software, where the later imported as a goods, while the incoming contract to designing or developing specific software represents employment contract, in this case leads to a complicated problems of the type of contract, the later contract may interact with sale contract and lease contract. Hire contract applies to the contract of this study, where supplier to these software is contractor and the person who designed the required software, as a result this study can be di

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Publication Date
Wed Dec 30 2015
Journal Name
College Of Islamic Sciences
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Publication Date
Wed Dec 15 2021
Journal Name
Nasaq
A Corpus-Based Approach to the Study of Vocabulary in English Textbooks for Iraqi Intermediate Schools

Learning the vocabulary of a language has great impact on acquiring that language. Many scholars in the field of language learning emphasize the importance of vocabulary as part of the learner's communicative competence, considering it the heart of language. One of the best methods of learning vocabulary is to focus on those words of high frequency. The present article is a corpus based approach to the study of vocabulary whereby the research data are analyzed quantitatively using the software program "AntWordprofiler". This program analyses new input research data in terms of already stored reliable corpora. The aim of this article is to find out whether the vocabularies used in the English textbook for Intermediate Schools in Iraq are con

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Publication Date
Thu Jun 15 2023
Journal Name
Journal Of Legal Sciences
Lease Common Money under the Palestinian Legislation : A Comparative Study

The study aimed to shed light on the provisions of the lease of the common money as a whole or the common share, these provisions still raise problems when applied, and the fact is that the lease contract concluded by all or one of the partners with others is based on the exchange of a clear benefit, which is the exploitation of the real estate that is a circle between these partners Considering that they are one person in the eyes of the law and he is the landlord or by one of their partners, the researcher compared the texts of the articles of the Journal of Justice Rulings - from which most of the rulings were derived because they are applied in Palestine - with the texts of the Egyptian Civil Code No. 131 of 1948; This is to make a b

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Publication Date
Mon Feb 04 2019
Journal Name
Journal Of The College Of Education For Women
The regulatory climate in the government and private kindergarten children (Comparative Study)

The research problem boils question is there in Riyadh organizational climate that enables them to do their work properly and whether there are differences between the government and private Riyadh depending on the organizational climate has sought Find measure: 1 regulatory climate for kindergarten 2. The difference between government and private Riyadh depending on the organizational climate. Limited research on the (200) parameter of the Riyadh government and private parameters for the year (20,142,015) In order to achieve the research objectives the researchers built a regulatory climate in accordance with the scientific steps to build a psychological scales measure After the formulation of climate regulation paragraphs of the (30) p

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Publication Date
Sat Dec 24 2022
Journal Name
Journal Of Legal Sciences
The Legislative Framework of Public Utility Concessions Award : A Comparative Study

      Public constructions contracts and concession, have been a link between the public and private sector for decades and we may find serious  international efforts to consider it as an effective economic and legal means of providing public services(legislative framework), in the same time prevents states from drowning in loans, regrettably that Iraqi and Arab jurisprudence is still influenced by  old version of oil concession agreements,  in its research writings about the partnership between public sector and private sector. We have studied in detail the legal mechanism of concession award especially in France, We also studied the position of Egyptian legislation and focused on constitutional l

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Publication Date
Tue Jul 16 2019
Journal Name
Journal Of Legal Sciences
التعويض المترتب على المسؤولية المدنية الناشئة عن أضرار وسائل الإعلام

تعد حرية الرأي من الحريات التي كفلت الدساتير والقوانين حمايتها وتتم ممارستها عبر وسائل الإعلام ،ولكن يجب أن تتم ممارسة هذه الحرية وفقاً  لحدود معينة تتمثل بوجوب احترام حق الإنسان في المحافظة على خصوصياته وصورته وسمعته، فكما إن لوسائل الإعلام حرية ممارسة حقها في النشر والتعبير عن رأيها بكل صراحة فإن من الواجب عليها في مقابل ذلك مراعاة حقوق الآخرين وتجنب التشهير بهم وانتهاك خصوصياتهم،فإذا ما قامت وسائل ا

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