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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
Wed Feb 10 2021
Journal Name
Journal Of Legal Sciences
The Relationship developed between Law and Regulation and its Effect on the Rules of Distribution of Jurisdiction Between the Legislature and Executive Authority: A comparative study

Sort out the stability of the principle of separation of power to stabilize the rules for the distribution of power to the three state authorities (legislative, executive and Judicial), this, in turn led to emergence of the principle of legislative unilateralism, which means that the legislative authority is unique and not the other by exercising legislative competence, except with the permission of the legislative or the provisions of the constitution, this led to the emergence of what is known as the traditional relationship between law and regulation. However, this principle began to lose it, severity due the political, social and economic condition which changed the relationship between the law and the regulation, consequently, the l

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Publication Date
Tue Nov 19 2024
Journal Name
Al–bahith Al–a'alami
CARTOON SEMIOTIC ABOUT MARCH OF RETURN IN THE PALESTINIAN NEWSPAPERS: : (A Comparative Analytical Study)

This study aims to reveal the semiotic of “March of Return” cartoon in the Palestinian journalism, topics, Symbols and semantics that were covered.
This study is descriptive. It uses the survey method. Content analysis, and methodological comparison was also used.

The researcher chose an intentional sample of Palestine and Al-Hayat Al-Jadida newspapers for one year from March 30, 2018 to March 31, 2019, through a comprehensive inventory of all cartoons of the return marches during this period, which amounted to 59 cartoons.

The study has reached the following findings:

Newspapers cartoons focused on the topics of durability of the protester

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Publication Date
Sat Dec 24 2022
Journal Name
Journal Of Legal Sciences
The Right to Control The Goods In UAE Law and Rotterdam Rules

This research discusses the right of control in accordance with the rules of Rotterdam, and the UAE Maritime Commercial Law No. (26) of 1981 AD, the right of the sender and the consignee to issue instructions to the carrier regarding the goods, and the topic has been divided into two sections, the first topic entitled What is the right of control for seaborne goods, and the second topic It deals with the rights and obligations of the party controlling the seaborne goods.

he study concluded with many results and recommendations, including: that the right of the sender to direct and dispose of the goods during the sea voyage is not linked to the right of ownership contained in the goods; Because of their independence, the ownership

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Publication Date
Thu Aug 03 2023
Journal Name
Journal Of Legal Sciences
Civil Responsibility Resulting from Clinical Trials According to UAE Ministerial Resolution No. (730) for (2018)

This study includes the new methods especially those related to clinical trials non-therapeutic clinical trials and new risks that may be exposed to. The Corna pandemic has raised many repercussions on all levels and fields, and raised many questions, especially in the legal field. Where many responsibilities arise because of the way to deal with this pandemic, exploit it, or neglect some of the obligations imposed to confront this pandemic. Therefore, the legislator had to intervene to organize practice of such clinical trials in order to ensure stability and reassurance, whether to the doctor, researcher or people who subject to such clinical trial in accordance with the Ministerial Resolution No. (730) of (2018). Therefore, such trial

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Publication Date
Fri Dec 01 2017
Journal Name
Journal Of Legal Sciences
The theoretical framework for the criminalization and punishment within the scope of government contracts A study of Iraqi law: دراسة في القانون العراقي

The contract valuable by itself cannot be a source of punishment, but the legislator penal has estimated the seriousness of the breach of some contracts entered into by the official bodies or government with each other or with third- party view of the consequent adverse effects on the administration itself and the beneficiary citizen of the commodity or service  subject of the contract therefore the legislator criminalizing bribery, fraud ,forgery and illegal use of contracts or compromising the freedom and safety of bids or tenders abuse of public office intent to damage public or private interest accordingly , this research deal with for the theoretical framework criminalization and punishment within the scope of government contra

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Publication Date
Thu Aug 31 2023
Journal Name
Journal Of Legal Sciences
The Mechanism of Incorporation the Treaty and its Legal Value into Iraqi Law

     The importance of international treaties reside at the present time in regulating a several issues within the internal scope of the state, and that after it was monopolized by the internal legal system of the latter, besides this the three authorities of the state assume the task of implementing the obligations imposed by international treaties on the states party to them.

      Therefore, we will expose in this study the mechanism used by the Iraqi state in incorporation the international obligations into the Iraqi internal legal system under the successive constitutions from the establishment of the Iraqi state until the issuance of the constitution (2005) in effect, as Iraq fol

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Publication Date
Mon Apr 01 2019
Journal Name
Journal Of Legal Sciences
The constitutional role to the civil society organizations in combat the terrorist crime

ليس ثمة شك أن الجرائم الإرهابية بأنواعها وأساليبها المختلفة، تعد الآن أخطر الجرائم التي تهدد أمن المجتمع واستقراره على المستويين الداخلي والدولي على حد سواء. فالإرهاب يعد أحد أكبر المشكلات التي يواجهها المجتمع الدولي والدول الكبرى في عصرنا الحاضر، إلى الحد الذي اطلق البعض على هذا العصر بـ (عصر الارهاب)، لما شهدته الساحة الدولية والأقليمية والمحلية من تصاعد في أنشطة التنظيمات الارهابية، إذ تنوعت وتعددت أس

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Publication Date
Sat Dec 24 2022
Journal Name
Journal Of Legal Sciences
The Right to Strike for State and Private Sector Employees in Iraqi Legislation : A comparative study

The majority of constitutions stipulate and regulate public rights and freedoms in them, including the right to strike as one of the means of expressing an opinion, which public officials or workers resort to in the labor law in order to improve their working conditions and achieve legitimate professional demands while continuing the work of the public facility, However, his capacity as a public servant imposes some restrictions on him in his exercise of political freedoms, including the right to strike because it intersects with the principle of the continuation of the regular and steady functioning of public utilities, which governs the work of public utilities in satisfying the public needs of individuals. The Iraqi legislator permitt

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Publication Date
Sun Sep 01 2019
Journal Name
Journal Of Legal Sciences
Government Hospitals lease contract for the private sector In Iraqi law

The contract for iease public hospitals to the private sector is one of the administrative contracts in which all the elements of the administrative contract are available. It is signed by the administration represented by the Minister of Health. It is presented to a public hospital which is one of the public facilities that provide medical services. The Ministry of Health may also apply to the Leased Hospital. It may also amend the contract in accordance with the public interest, in addition to the possibility of dissolving the contract without recourse to the courts in case the tenant violates the terms of the contract, The State resorted to it in the event that it is unable to provide medical services within the required range, as it

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Publication Date
Wed Oct 30 2019
Journal Name
Journal Of Legal Sciences
The responsibility of the maritime agent in Iraqi legislation: A comparative study

The study of civil liability is one of the most important issues of interest in all jurisprudential, judicial and legislative direction, because of the problems and difficulties it requires. the solution requires a focused effort that sets its source, basis, scope, and control with extreme care and accuracy to achieve the right and enable the injured party to obtain fair compensation both with scope of the contractual or tort liability.

In fact, the contract of the maritime agency is what is called the comparative jurisprudence (the contract of the ship's agency) connecting between the terminals of the maritime carrier on the on hand and the maritime agent on the other hand. It is the source of responsibility of each party to the

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