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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
Mon Dec 23 2019
Journal Name
Journal Of Legal Sciences
Criminal law and the need to philosophy

This is a philosophical statements regrading the structural and functional ponds between criminal law and philosophy.

          Aiming to prove the practical value of philosophy regarding the question of the true nature of law in general and criminal justice – law in particular.

          We try to revel the deepest connections that shape the fundamental character us tics of law in reality far from the misunderstanding general by social, political and cultural influences that affection negatively the efficiency of the law.

          The elementary question of the study is how to

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Publication Date
Sun Mar 12 2017
Journal Name
Al-academy
The reality of Figure and content in the design of logos, civil society organizations

Civil society organizations in Iraq have become a community hard case dispensable as the link between the state institutions and their leaders, and between citizens of different orientations and age groups, as it represents the diversity of the terms of reference and understanding of the laws and standards of Universal Declaration of Human Rights, which requires governments to provide supplies president of its citizens to live in dignity, direct and Msasha in the life of society and the dictates we scientific our role in achieving scientific benefit and transfer of expertise to the community has become imperative for the researcher to campaign in the midst of the scientific research of the slogans of those or

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Publication Date
Mon May 27 2024
Journal Name
Pakistan Journal Of Criminology
The Liability of Maritime Carrier under the Iraqi Transport Law and International Conventions

Everywhere carriers incur a measure of liability for the safety of the goods. Carriers are liable for any damage or for the loss of the goods that are in their possession as carriers unless they prove that the damage or loss is attributable to certain excepted causes. Damaged and lost items can unfortunately be a common problem when shipping freight. Legal responsibilities arise due to loss or damage during transit while cargo is in their care. This study intends to investigate the nature of the liability of the maritime carrier when this liability is realized, and the extent to which it can be paid or disposed of given the risks realized from the transportation process, which may result in damage or loss of the goods, and the damag

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Publication Date
Thu Jan 31 2019
Journal Name
Journal Of The College Of Education For Women
Geographical distribution efficiency of the civil defense centers in the city of Baghdad

The city suffers from the weakness of the civil defense to provide services where there are clusters of residential Guy covered services for that requires the study of the geographic distribution of the civil defense centers in Baghdad care great because they take care of Protect the population and their own property and protect state institutions. Through a review of the problems faced it is expected that this study will help decision-makers to take appropriate steps to develop this service core

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Publication Date
Wed Feb 10 2021
Journal Name
Journal Of Legal Sciences
The Prohibition of Perfidy in International Humanitarian Law

This research id entitled "The Prohibition of Perfidy in International Humanitarian Law".  International humanitarian law includes some international agreements that aim to regulate hostilities, and the use of tools and means of warfare (The Hague Law), Where there are many international rules that govern the conduct and management of hostilities, there are some provisions that limit the use of certain means and methods during armed conflict, Whether by prohibiting the use of specific methods of fighting, or prohibiting or restricting the use of certain types of weapons, The dedication of these rules to the law of armed conflict comes in implementation of the principle of the law of war, which restricts the authorit

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Publication Date
Wed Feb 20 2019
Journal Name
Political Sciences Journal
Political Culture and Civil Society in Algeria: Problematic relationship

In light of what constitutes the cultural factor from a great importance in the context of the incorporation of an active and participant civil society in the process of democracy- building and the achievement of political development, this article tries to look at the concept of the political culture and the civil society with the stand on the nature of existing relationship between them in its theoretical part, then the move to dissection of the civil society crisis in Algeria under the prevalent cultural values for understanding the relationship between the two variables in its empirical part, as a step towards the detection on the pivoting of democratic values in activating the political participation and attainment the democratic co

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Publication Date
Wed Jan 30 2019
Journal Name
Journal Of The College Of Education For Women
Civil Administration on the Suburbs of Al–Kufa

We have found through research , that administrative institutions on the outskirts of Kufa and their management is not as important as administrative institution in place that were associated with it and subject to its control ,as it often was express power , or poor ( if true ) expression , directors of the center for the suburbs , as it became clear to our diversity of those administrative institutions and prominent role in the interest of the affairs of the people and society in all aspects of life , and are the functions and different staff from the highest authority the suburbs represented by house of representatives ( the workers ) ,then workers abscess and Al-dhaqan and not to mention for other jobs came the actions of Bhaltsier a

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Publication Date
Sat Jun 25 2022
Journal Name
المجلة الشاملة للحقوق
The intention to harm others is one of the forms of abuse of the right - a study in the light of American law

في عالم محدود المساحة، يُحاط المُلاك دائما بأخرين مجاورين لهم، وبالتالي، لا يكاد يوجد نشاط قد يُمارسه المالك على أرضه لا يكون من شأنه ان يؤثر على المالكين الآخرين. فإذا قام ببناء مبنى ما، فقد يحجب ذلك المبنى أشعة الشمس او الهواء عن المباني المجاورة له والمملوكة لأشخاص آخرين. وإذا كان يدير شركة ما، فقد تكون الأراضي المجاورة لتلك الشركة مثقلة بالضوضاء أو حركة المرور المصاحبة. وإذا كان يُنقب عن النفط في أرض ما، ف

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Publication Date
Tue Aug 03 2021
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
Sources of income subject to tax in the Iraqi Income Tax Law No.113 of 1982

The tax is a financial amount collected from the taxpayer for the account of the public treasury.. and is the cornerstone of the close bond between members of the community and the country in which they live , as income tax is imposed on the profits and revenues achieved by people and often the constitution of most contemporary countries stipulate that the legislator is obligated to determine the sources of revenues and profits subjected to tax. Because the tax has a serious impact on people’s money because it is exposed to that money through direct deduction . Therefore, we note that the applicable income Tax Law stipulated that in order income to be subject to tax , it must be derived from one or more of the income sources st

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Publication Date
Sat Oct 01 2022
Journal Name
Al–bahith Al–a'alami
IRAQ BETWEEN A CULTURE OF CIVIL SOCIETY AND A CULTURE OF VIOLENCE

The title takes its realistic connotations with its symbols, slogans and historical extensions in Iraq, also, the repercussions of the organic crisis that afflicted it for almost half a century, especially after the abortion of the July 14 Revolution and the spread of the culture of weapons, violence and death that we are living in Iraq nowadays.

The topic is suitable for critical analytical studies carried out by specialists in scientific and academic research centers and cultural institutions because they have an important feasibility at the strategic cultural level in Iraq, the Middle East and the world.

Research in Iraq has fallen to the extreme and is no longer effective, to the extent that it represents a severe cri

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