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.
The refugees' issue is the essence of the Palestinian cause as a political, legal and humanitarian one that afflicts every Palestinian, and its repercussions are inherited through generations, because of the suffering, displacement, misery and deprivation that the refugees still suffer. The State of Israel pay a lot of effort to prevent the Palestinians from this right, and is responsible for their plight and displacement because of the racist laws imposed and enacted by it, in addition to the bias of the United States of America alongside Israel in light of the weakness of the international community and the politics of the one pole. This requires the search for alternatives and solutions to enable the Palestinian refugees to exercise t
... Show MoreEnglish law, unlike many Anglo-Saxon laws, has adopted the doctrine of economic duress delayed. Under this doctrine, the contractor who has entered into a contract as a result of an unlawful pressure that threatens his financial or commercial interests may rescind the contract on the grounds that the contract was concluded under economic duress which make the contact voidable. More than forty years have passed since the adoption the economic duress doctrine in English law, however, there are still some issues remain controversial. Is the Lawful Act duress economic duress?
Iraqi Civil Law did not explicitly regulate the doctrine of economic duress. However, the Iraqi authors when explain the rules of duress under this law indicate
... Show MoreThe children are suffering from many kinds of tragedy acts such as killing and torture which arise from civil wars never be seen along the human history since decades.
We still see millions of children suffering specially in the Arab world, Iraq, Syria, Libya, and Yemen. This study deals with kinds of protections which comes by international treaties and practiced by international organizations which helps in the protection through the military conflicts, and we compare this right in the Islamic shree, and how the states are comply with this right and how can they protect the children practically.
At last we reach the conclusion and finally the recommendations.
The Corona pandemic has raised many repercussions on all levels and fields, and several questions have arisen, especially in the legal field, where many responsibilities arise due to the way this pandemic is dealt with, exploited by some, or neglected some obligations imposed to confrontit. Civil responsibility emerges as an important part in the scope of dealing with the effects of the Corona pandemic, as some people deliberately or negligently tend to harm others, which calls for resorting to the provisions of civil responsibility. It seems that the burden of civil responsibility falls not only on individuals, but also on private and public legal persons alike.
English law defines different types of fraud, and we do not find a counterpart in other legislations, relying on its distinction on the criterion of knowledge of the truth of the information presented, that is, determining the type of fraud depends on the extent of the owner of false evidence that it is not correct at the time of its issuance. These false statements are either issued from Accompanying the owner with his full knowledge of its content and in a way that makes it a presumption that proves his bad intention so that fraud is not innocent, or that it is issued by indiscretion and negligence and without a reasonable and logical basis on which it is based, then fraud is negligently, and finally that this data is issued by its own
... Show MoreThe authority of the state to regulate the entry and residence of foreigners to it is characterized by a great deal of freedom, and it is limited only by the rules of international law that impose on states to respect the minimum standard in the treatment of foreigners, in order to achieve the optimum protection of human rights, regardless of the society in which they live, without consideration. Regarding his nationality or his country of origin, and whatever that may be, the foreigner has now become one of those addressed by the provisions of the law of the country in which he resides, and he enjoys the rights guaranteed by his human being, without regard to his country and nationality, in oth
... Show MoreThe title of this research is "The Special Conditions for the Crime of Extradition in Accordance With International Law Provisions and Iraqi Law." The examination of the conditions of extradition is of paramount importance because it establishes the general provisions on the basis of which extradition is made, if such conditions are met at the time of the issuing of the extradition decision. Crimes vary according to their types, gravity and description. For this reason, the conditions for determining the crimes in which extradition is permissible have been established. These conditions are that the crime committed is of a certain gravity. The second condition is dual criminality in the requesting State and the States to be extradited; th
... Show MoreThe 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 Moreان ظاهرة الالعاب المحرضة على العنف اصبحت منتشرة في الاسواق بشكل واسع الذي يعزو الى ضعف القوانين والانظمة والتعليمات المطبقة بحق المتاجرين وبالتالي انعدام التطبيقات القضائية ، ولخطورة التوجه الكبير لهذه الألعاب ، كما ان البحث في هذا الموضوع وتحديد مسؤولية المتاجر بهذه الالعاب يجعل الدولة أكثر تحكما في هذه الظاهرة وتساعد على الحد من انتشارها ومن ثم تخفيف حدة العنف السائد في المجتم
... Show MoreThere are many harmful acts that occur from drunkards in this case, especially those resulting from car accidents. The world is witnessing dozens or even hundreds of car accidents due to alcohol consumption. These accidents often result in serious injuries that could lead to the death of the drunk driver and those in the car As well as other persons present in the other vehicles with which the incident occurred or pedestrians on the street, as well as damage to private or public property, and if the order of return of the affected persons on the pretext of civil liability (tort) is made as a direct cause of the harmful act, Is entitled Do they like this refer to the liquor seller or their provider as the culprit? Or ar
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