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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
Wed Apr 07 2021
Journal Name
Journal Of Legal Sciences
Substitution as a consequence of liability arising from breach of the promise of preference: A comparative study
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     The judicial transformation led by the French Court of Cassation about the consequence of liability arising from breach of the promise of preference led to the adoption of a new principle، whereby the beneficiary of the promise of preference would substitute with the third party in the concluded contract in violation of his right in preference. This shift، in turn، has been reflected on the legislative situation in France، where the French legislator adopted this principle in the New Contract Law of 2016.        

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Publication Date
Wed Dec 29 2021
Journal Name
Journal Of Legal Sciences
The legal obstacles for the choices of the real estate owner and the extent to which the options of the holder are affected as a result of the pledgee’s breach of his legal duties
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منح القانون حائز العقار المرهون خيارات معينة ، ان يستعمل منها ما يناسبه للحفاظ على ملكية العقار ، ويتجنب ملاحقة الدائن المرتهن الذي قد يفلح في نزع هذه الملكية من يده لتقع في نصيب شخص آخر ، او قد تكون من نصيبه بعد ان يسدد الثمن الذي رسا عليه مزاد البيع طبقا للاجراءات المتبعة .

قد يتعذر على الحائز في حالات معينة استعمال البعض من هذه الخيارات او كلها(Contraindications to using options) ، الامر الذي يضعه تحت رحمة الدائن المرته

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Publication Date
Tue Jun 01 2021
Journal Name
Arab Researcher
Civil Liability of Hotels towards Victims of Sex Trafficking - A Study in Light of Iraqi and American Laws
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In view of the large profits made by the sex trade on the one hand, and the minor penalties imposed on the traffickers (brokers) compared with the severe penalties imposed on the drug trade and illegal weapons, on the other hand, this trade has become popular and spread in most countries of the world, and the cornerstones of this trade and A safe haven for them is hotels, especially luxury ones with international brands where their guests are rich and some may look for sex for money. Given the great physical and psychological damage to the victims, this research highlights the civil liability of hotels towards these victims in US and Iraqi law.In order not to limit the

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Publication Date
Fri May 31 2019
Journal Name
Journal Of Legal Sciences
The legal effect of Licensing contracts in the field of oil investment
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Iraq is currently the third largest oil reserves in the world after Saudi Arabia and Iran, which is estimated at (115) billion barrels, in addition to the gas reserves of (119) trillion cubic meters so foreign oil companies have been competing for contracts to participate in production and technical service for years to sign the cost of operations The high productivity, which is based on the payment of the term, which leads to raising the cost of production per barrel, which comes mainly from the employment of foreign workers with high salaries and the provision of local services of high standard and purchase of commodity and consulting services worth hundreds of millions of dollars. And the presence of maneuvering and manipulation by fo

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Publication Date
Fri Sep 02 2022
Journal Name
Journal Of Legal Sciences
Standards and the legal nature of the adjudication of the validity of Parliamentary membership
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            The question of challenging the validity of the parliamentary membership of some members of the House of Representatives in some parliamentary systems will appear for many reasons, including the failure to observe constitutional or legal texts or the regulations organizing the electoral process that are intertwined in its procedures and stages, such as the lack of conditions for nomination that were organized by law to allow the nomination for parliamentary membership or marred defects The procedures of the electoral process led to the demolition of its integrity, which guarantees the selection of the parliament that is able to delegate to the real author

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Publication Date
Tue Nov 09 2021
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
Enhancing the effectiveness of the company in light of the practice of leadership empowerment: Applied research in the National Insurance Company
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The aim of the research is to demonstrate the importance of leadership empowerment in its dimensions (knowledge, participation in decision-making, incentives, trust between the leader and subordinate, delegation of authority and communication) and its impact on enhancing the effectiveness of the company in its dimensions Represented by (achievement of objectives, quality of insurance service, adaptation to work environment and job satisfaction), by adopting the questionnaire as a main tool in collecting data from officials in the National Insurance Company, numbering (56) surveyed in job sites (section manager, division official and unit official) Their answers were analyzed using the SPSS statistical program in calculating the a

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Publication Date
Sat Dec 24 2022
Journal Name
Journal Of Legal Sciences
The Legal Effects of Breaching the Administrative Contract : A Comparative Study
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      The administration concludes two types of civil and administrative contracts, each of which is subject to its own system, and the administrative contract is characterized by a set of exceptional powers towards the contractor in order to compel him to implement his obligations

       And that administrative contracts require a large financial and technical possibility to implement them, especially contracts that focus on strategic projects, including general contracting contracts

      Which is based on the technical competence and merit of the contractor, and accordingly, delay in the implementation of contractual obligations or negligen

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Publication Date
Thu Jun 15 2023
Journal Name
Journal Of Legal Sciences
Legal Controls for Solitary Confinement of Inmates and its Psychological, Health and Social Effect on them
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The study aimed to identify the legal controls of solitary confinement for inmates and their psychological, health and social effects on them. The study also aims to identify the controls of solitary confinement in accordance with the most prominent international standards, which are the Nelson Mandela rules for the year 2015, in addition to the national legislation, namely the Palestinian, Jordanian, and Qatari. The study also aimed to identify the The psychological, health and social effects of solitary confinement on the inmates, In this study, the researchers used the analytical approach, based on the analysis of international agreements and national legislation to identify the legal controls, and the analysis of the opinions of juri

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Publication Date
Sun Jan 02 2022
Journal Name
Journal Of The College Of Languages (jcl)
Linguistic and extralinguistic problems of the translation of polysemic terms in the legal language from Spanish to Arabic: Problemas lingüísticos y extralingüísticos de la traducción de los términos polisémicos en el lenguaje jurídico del español al árabe
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       Legislative language is characterized by its complexity, specifically in the process of translating statutory terms from two quite different languages, and from totally two different legal systems as from Spanish into Arabic. The present study stresses the process of translating legislative terms used in Spanish wills into Arabic through high lightening the polysemy of such mentioned terms and explaining their use in other legislative grounds.  Additionally, the present study elucidates, analyzes, underlines the difficulty and looks for the most appropriate procedures and techniques of translating some of the prominent inheritance expressions taking in account the legislative dif

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Publication Date
Sat Dec 24 2022
Journal Name
Journal Of Legal Sciences
Legal Controls for Transfer and Transplantation of Human Organs and Tissues in Sultanate of Oman- Reality and Hope
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This study ideals with the Omani legal regulations of transferring and transplanting human organs and tissues in light of the Minister of Health decree No. 179 on the year 2018. As the last update, article 27 in 2019 has prohibited conducting such operations unless permission from the Minister of Health is obtained. In the absence of a further law update until the completion of writing the research, we intend to analyze and study some of the current provisions for the transfer and transplantation of human organs and tissues, compared to the legislative trends of some related laws. To achieve this, we divided the study into three sections; the first section introduces the historical development of the legislator criminal policy in regulat

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