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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 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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Publication Date
Wed Jun 01 2022
Journal Name
Political Sciences Journal
Means of activating the role of civil society institutions in Iraq

    The concept of civil society is one of the relatively recent concepts that have emerged clearly on the political and social arena especially in European countries, where it effectively contributes to the process of democratic transformation through the multiple roles and functions that it exercises, and acts as mediator between the state and the individual. Civil society in essence works to bring about change in society whether it is political, economic, social or cultural .The civil society appeared in Iraq after 2003, as is the case with many concepts that entered Iraq and took upon themselves the building of a democratic Iraq .Accordingly civil society institutions are the entity capable of rebuilding the Iraqi personal

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Publication Date
Thu Aug 03 2023
Journal Name
Journal Of Legal Sciences
Procedures of the Administrative Authority Concerned with Regulating and Protecting Water Wealth in Iraqi Law

Water wealth is one of the most important natural resources in the world, and it has gained the attention of the international and national community alike in view of its great role in achieving water and food security, including the natural resources it contains, both living and non-living, as well as its importance in the field of industry, tourism and transportation, but there are several Obstacles facing this wealth such as climate fluctuations, environmental pollution, the use of traditional methods of irrigation, the policies of neighboring countries and the continuous increase in the population .. etc. ,which requires the possession of the competent administrative authorities to organize and protect this wealth, preventive and cur

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Publication Date
Wed Oct 30 2019
Journal Name
Journal Of Legal Sciences
Guarantees of the worker's right to the principle of equality and equal opportunities in the Iraqi labor law

The principle of equality in human life is one of the noblest principles ever found. These principles have been planted in the conscience and conscience of man, and it is the principle that is considered to be an inextricable right with the existence of human in the collective relations between humans in general and members of a group of groups or conglomerates unintentionally organized but created by circumstances. Accordingly, all international and domestic legislations considered it to be a human right, especially in relation to equality in the right to work, equality in other rights and what is associated with the remuneration of work (wages) and related to its attachments and leave. The Labor Law No. 37 of 2015, In Chapter III. This

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Publication Date
Sun Dec 01 2019
Journal Name
Journal Of Economics And Administrative Sciences
The adoption of ISO 45001: 2018 in the civil aviation establishment test and its accessibility to the standard

The current research aims to analyze the extent of the adoption of the standards of ISO 45001: 2018 for occupational safety and health management by the General Establishment of Civil Aviation. The research problem was the extent to which the General Establishment of Civil Aviation approved ISO 45001: 2018 for occupational safety and health management. The questionnaire was used as a primary data collection tool, the sample was distributed (50) form, they were selected from the category of employees of the establishment at different levels to represent the research community. Data were analyzed using the statistical package (SPSS), a number of vector statistical methods were used as well as arithmetic mean, standard deviation, an

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Publication Date
Mon Apr 01 2019
Journal Name
Journal Of Legal Sciences
The administration obligation in circulation the information to combat terrorism A study in the scope anti-terrorism apparatus law no.31(2016)

     يمثل الارهاب في وقتنا الراهن اصعب التحديات التي تواجهها المجتمعات المختلفة ، فخطر توسع الظاهرة الارهابية اليوم لايشمل فقط دولاً او مجتمعات محددة او معلومة بل ان هذا الخطر يتسع ليشمل مجتماعات ودول كانت في مأمن حتى أوقات قريبة من الاخطار الارهابية ،إذ اصبحت مدن أوربية كثيرة تتعرض بشكل متكرر ومباشر الى الاخطار الارهابية من دون أن تؤتي التدابير الامنية والاستخبارتية الوطنية لهذه الدول

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Publication Date
Wed Jun 15 2022
Journal Name
Journal Of Legal Sciences
The Tort Caused by the Transmission of Coronavirus Infection (A comparative study)

The English judge while dealing with the contractual breach، takes into account an aim that the legal solution he makes consistent with justice. Such concept allows the judge to order for the specific enforcement of the debtor’s contractual obligation if the compensation was not a sufficient remedy to redress the damage resulting from that breach. However، the conditions imposed by the rules of justice and the impediments that make the technical scope of this remedy very limited in the positive aspect. And modest in his negative one '' injunction''. Despite of its complementary function among the remedies for contractual breach، specific enforcement in English law may affect legal consequences because of its unique nature، some of

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Publication Date
Mon Sep 02 2019
Journal Name
Journal Of Legal Sciences
The crime of fleeing in law

Researches military crimes is important and dangerous and it is important in it is violation of the obligation and all forms military order in all, it is dangerous because it affects the interests of the armed forces , military crime is a loophole whose effects are not tangible in normal circumstances however ,in the  crises and wars ,they have serious dimensions , one of the most dangerous and crimes is the crime of fleeing and because the great importance of this crime will be dealt with  in two section will be devoted the first  of the concept of the crime of fleeing and the second will address the legal concept of this crime. 

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Publication Date
Fri Aug 30 2019
Journal Name
Journal Of The College Of Education For Women
A Cognitive Linguistic Study of the English Preposition 'in'

The present study aims at analyzing the polysemy of the English preposition in from the cognitive linguistic (CL) point of view using Evans' and Tyler's approach (2003). The perplexity faced by Iraqi second language learners (L2) due to the multi-usages of this preposition has motivated the researcher to conduct this study. Seventy-six second year university students participated in this experimental study. The data of the pre-test and post-test were analyzed by SPSS statistical editor. The results have shown the following: First, a progress of more than (0.05≤) has been detected as far as students' understanding of the multiple usages of the preposition in is concerned. Second, the results of the questionnaire have s

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Publication Date
Mon Sep 02 2019
Journal Name
Journal Of Legal Sciences
Pre-default and its effect on the performance of the contractual obligation at the debtores expense

Per- breach of the contract is that the other contractor shall act, act or issue a statement indicating that will not out the performance on time and that such breach may provide the contracting party with the right to damage a range of options in order to remedy such damage, if there is necessity, there is also the possibility of reparation through the performance at the expense of the debtor. This matter is relative according to each law. It is different in English law than in civil laws as the latter lack an integrated regulation of predefault provision. The provisions are detailed.                         &nbsp

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