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Legal Problems In one person company Limited liability
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The emergence of one-person company as a necessary to cope with the needs of the market and the result of economic development and trade activities and the need for the market for the emergence of many companies and increase the opportunity to work and eliminate unemployment. One person is a turning point because it will encourage many owners of economic activities to establish these companies properly legally, which has an impact on improving the economy in the indicators of global competitiveness and in order to reduce the sham companies, and the development of business Irrigation and investment activities practiced by the various companies have emerged the need for this company, has been e-commerce and its role in small and medium-sized enterprises in the impact of the emergence of this idea despite the absence of an independent legal organization to clarify some of the legal aspects related to this company. It is through this company that the responsibility of the sole partner in the company of one person is determined in a manner that corresponds to his commercial responsibility and his own funds to avoid mixing his financial liabilities with the funds allocated for trade. Credit as well as the absence of the principle of contractual relationship in the company of one person, noting the difference of the company of one person from the rest of the companies as they are new developments in the field of companies and what it requires to work to create a balance between the interest of the only partner and the interest of creditors of the company, as it is The existence of this company is a step to facilitate the conduct of business, which has emerged following the development of economic life and the need to keep pace with progress, one person limited liability company attracts owners of small and medium enterprises have touched the Iraqi legislator resort to some owners of companies to form a limited liability company as a way to benefit and get huge profits They are in fact fake companies, where partners are just names that have no role but to fulfill the legal form of the company, it is the primary partner who holds the entire company apparently bear the partnership, while in reality it is a company run by one person embodied negatives When there is a loss in the company, the other funds of the entrepreneur are safe from the claim of creditors and in order to eliminate the sham of these companies and protect dealers with them came the Iraqi legislator this company as an urgent need to keep abreast of developments in the world of trade, so this trend is true to eliminate the fake companies And determine the responsibility of the owner of the company before others.

 

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Publication Date
Thu Jul 29 2021
Journal Name
Journal Of Legal Sciences
Legal vision for international financial institution transactions
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The increasing restrictions imposed on foreign banks operating in developing countries since the 2007/2007 global financial crisis impede improving growth prospects by limiting the flow of financing resources that are desperately needed by companies and the family sector.

        Global banks can have important development benefits، but they are not a panacea, and they also carry risks. Policymakers in developing countries are improving by examining how to maximize the benefits of cross-border banking services while keeping their costs down to a minimum. The 2007-2009 crisis and its ensuing decline in economic activity prompted a widespread reassessment of the benefits and costs of internationa

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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
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     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
Thu Aug 31 2023
Journal Name
Journal Of Legal Sciences
The Legal Subjectivity of the Iraqi State Council’s Fatwa in Disputes of a Financial Nature
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The state council has gone through many development an stages in view of disputes in all its forms.

Whether of a financial nature or of an administrative nature it is within the jurisdiction of the ordinary judiciary to a specialty jurisdiction between the ordinary and administrative then to a general and comprehensive jurisdiction to the judiciary and to get to the corridors of this facts.

And to stop on the jurisdiction of the state council in settling disputes of a financial nature it should be determine what those conflicts are by defining it and then defining what falls within its competence of the state council or otherwise settled.

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Publication Date
Sun Sep 01 2019
Journal Name
Journal Of Legal Sciences
Legal Nature of the Central Criminal Court
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In this paper, we discussed the legal nature of the Central Criminal Court with two demands: the first relates to the legal basis of the Central Criminal Court, and the second is related to the criminal justice system.

          With regard to the first demand, we have highlighted the stage after the change of the political system in Iraq in 2003 and the subsequent assumption of the US Governor for Civil Administration Affairs in the country and the issuance of a number of resolutions, including what we discussed in the first section (the first legislation No. 13 of 2003 ), Which included twenty-three sections, some showing how the Central Court was formed and the most important rules

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Publication Date
Thu Aug 03 2023
Journal Name
Journal Of Legal Sciences
Civil liability of the Bank for Deposits Received: A Comparative Study
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Because bank deposits, whether cash deposits or securities deposits, entail obligations on the bank, it is natural that violating these obligations results in the realization of its civil responsibility, and responsibility in its general meaning is culpability and liability. The source of this obligation was the agreement or the law, and the work of the rules of civil liability is based on the availability of three pillars, which are the error, the damage and the causal relationship between them, and as long as the bank deposit is a contract, the responsibility of the bank in the event of a breach of one of the obligations arising from this contract is definitely a contractual responsibility, but it may be imagined The establishment of t

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Publication Date
Tue Jun 19 2018
Journal Name
Elmofaker Review
Secondary liability for electronic auctions arising from the contribution to trademark infringement
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Despite the global economic downturn, online e-commerce, especially the sale of counterfeit goods, continues to witness a rise in sales, and one of the important players in e-commerce is the owners of e-commerce auction sites. Although they do not have a direct role in trademark infringement, they still consider them indirectly responsible (secondary liability) for infringing on their trademarks. Thus, many cases have been filed by the owners of the original trademarks (which have been infringed by persons who have sold some of the goods and products that are imitating their marks through some electronic auctions) against the owners of those auctions. In view of the international character of the Internet, in different countries, and despit

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Publication Date
Mon Nov 30 2020
Journal Name
Journal Of Economics And Administrative Sciences
The Impact Of Adopting The Social Responsibility On Marketing Performance An Applied Study on NAFTAL Company
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This research paper aims at studying the effect of adopting the corporate social responsibility on marketing performance indicators, where the study adopted the descriptive method for theoretical concepts, in addition to the statistical approach by using the SPSS v25 program to analyze the questionnaire and test the hypotheses of the study. The results showed that there is a positive correlation between social responsibility and marketing performance indicators, and the study found that it is better for NAFTAL Company to mix the environmental and social responsibilities in order to improve its marketing performance. Also, the study recommended that Naftal should adopt the four responsibilities equally, correctly and make its work

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Publication Date
Wed Dec 30 2020
Journal Name
Revue Africaine D'études Juridiques Et Politiques
Civil Liability of Hotels Towards the Victims of the Terrorist Operations that Take Place in Them
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At a time when any tourist in the world wants a trip to reload his energy and enjoy peace and quiet and engage in adventures in a safe environment, terrorism comes to disturb him on that journey through operations aimed at the tourist and entertainment destinations, such as shops, restaurants, cafes and hotels Is the orbit of research) for many reasons. The security measures taken by hotels play an important and fundamental role in preventing or limiting these terrorist operations. At the same time, while some hotel administrations are constantly seeking to improve these measures to preserve the safety of their guests and visitors, In spite of the high number of attacks on hotels since 2001 and today. This research is intended to highlight

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Publication Date
Sun Sep 01 2019
Journal Name
Journal Of Legal Sciences
The Legal Effects of Ratification of Preventive Composition of Bankruptcy
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The preventive composition of bankruptcy does not become binding on its parties despite the consent of the debtor and majority of creditors shall only ratify by the court, once the ratification becomes effective and produces its effects, the trader debtor must commit to the terms of the conciliation agreed upon by the conciliation society, a natural person or company, the validity of conciliation prevents the debtor from requesting another composition and also prevents those who commits with the debtor to fulfil the benefit of the conditions of the composition.

However, the partners in the company who are responsible for all of their money for its debts are subject to the effects of a protective settlement and will benefit from t

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Publication Date
Wed Oct 07 2020
Journal Name
Journal Of Legal Sciences
The Legal Value of Indirect Clauses Restricting the Provisions of Guaranteeing Latent Defect in Sales
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The study addresses a set of indirect clauses that exempt from guaranteeing latent defect in sale contracts, in particular contracts between professional and consumer or normal contractor. The analytical comparative method has been adopted in this study through tackling the viewpoints of scholars and judiciary, and analyzing these in the framework of the Mejeleh, applicable in Palestine, along with the civil codes of Egypt, Jordan and Qatar. The study seeks to derive the legal value of the contractual clauses under consideration, and to indicate to what extent the legislator and judiciary contributed in achieving the economic balance of the contract between the two parties.

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