The goods sold during the transport phase may be exposed to the risk of the buyer's state, whether those risks are land, sea or air, resulting in the loss of the goods in whole or in part, or damage, as if they were destroyed by the ship sinking or colliding with another or the cause of the loss or damage is due to a fire, as in the case of a spark on the goods, and the goods is a combustible material. The risk should be borne by one of the parties. To identify the responsible party for the risks, it should determine a particular moment for transferring risks. There has been a difference in legislation, whether at the national or international level, on determining the basis for risk transfer.
أساس انتقال المخاطر في عقود التجارة الدولية
The contracts in restraint of trade are considered as void contracts according to the English common law, that is to say, they are prima facie void. Because their voidness is presumed and based upon a rebuttable presumption that these contracts are contrary to the public policy in principle. Owing to the unreasonableness of the Restraint of Trade conditions or terms in which they are included. But if it is proved that they satisfy the requirements of reasonableness, in accordance with the contracting parties, and both the temporal and spatial extent of their coming into effect, as well as the public interest. The court will validate them. It is also worth-bearing in mind that this type of contracts fall under contracts void at comm
... Show MoreThe objective of the research is to identify the efficiency of risk management in various names at Baghdad International Airport in the face of various risks (financial - technical - human - natural ..) facing the sample of the search of the General Establishment of Civil Aviation and the Iraqi Airways Company where the researcher identified the hypothesis that summarizes There is a significant significant correlation between risk management, risk management and risk review and assessment. The researcher used the means of research from observation and interviews with the relevant officials in this field, as well as used the questionnaire and distributed a sample of 170 employees in the field of risk management (SMS Department) in Iraqi A
... Show MoreChina's economic policy and its huge capabilities operate according to an expansion strategy, especially in investing foreign projects, as the past ten years have witnessed a major development in the elements of comprehensive strength, especially in the economic field, in 2014 China launched the largest initiative in the world, represented by the Belt and Road Project (BRI), which links nearly 70 countries, through this project, a very important region has emerged, which is (the port of cadres) in Pakistan, as China has headed towards that region and given the highest importance that is in its interest in the first place regardless of the great Pakistani interest, This is consistent with its future aspirations, especially after breaking
... Show MoreThis study deals with the topic time of transmission of loose international sales، which is defined by the Vienna Convention on the International Sale of Goods as "passing of risk"
As a basis for "the transfer of liability from the seller's custody to the buyer's guarantee. This expression was adopted by the legislator from the Islamic jurisprudence, which is in an acceptance interview in the real estate legislation. The arrest does not require that the actual possession of the goods has actually been done by the buyer. On the face of the buyer can be caught without a hail, and the Iraqi Trade Law No. 30 Of 1984, the provisions of the Transfer of Liability in International Sale were codified، and its provisions were quoted from
... Show MoreThe research tacklets the role of risks arising from the excessive use of derivative contracts for trading in financial crises, including the recent global financial crisis in (2008) which is known the mortgage crisis.
In order to prove the hypothesis of the research, the risk index of derivative contracts has been chosed as expressed in the measure of (value at risk) to be the main field for testing the hypothesis of research. The duration of the contract has been also chased for (15) years between the years (2001- 2015), the period preceding the global financial crisis, while the second represents the period of time that followed. The research reached a number of conclusions, bu
... Show MoreIFRS 17 aims to provide a unified basis for accounting for all types of insurance contracts, including reinsurance contracts, in a manner that benefits both investors and insurance companies and enhances the ability of the financial statements of insurance companies for comparison between companies listed in financial markets around the world. According to this standard, insurance contracts are accounted for on the basis of the Asset-Liability Approach and the use of fair values that the standard requires updating regularly in order to provide more useful information to the users of financial statements, as a result of the failure of reporting requirements for insurance contr
... Show MoreThe concept of insurance policy is one of the concepts that expresses a way to face the risks that a person is exposed to in the field of his life. It is a system that involves a prior agreement between two parties through which the risk is transferred from the second party (the insured) to the first party (the insurer) in return for paying an amount Calculated was able to cover the potential loss according to certain percentages agreed upon between the two parties, and that the main goal of any scientific analysis of the risk is to choose the most appropriate policy or method to confront it, by identifying the risks and ways to address them, and the main goal is to reduce losses and limit the possibility of their occurrence.
In
... Show MoreMarketing plays a role in the transfer of consumer desires through research, studies and satisfy the needs process, and with the technical development has evolved and marketing departments in the world of commerce has made great strides since the expansion of the trade deal, especially in light of spread of the Internet and the culture of use where he became a lot as individuals or institutions are dealings via electronic shopping . In all cases, we find that the consumer is important party, and that the legal rules did not leave the shopping process or contracting E without protection and I've dealt with so many studies through the civil protection for the consumer in electronic contracts legally with an analytical study of the
... Show MoreThe emergency arbitration mechanism is a relatively recent system in arbitration at the level of both national and medicinal legislation and rules. It does not adequately accommodate the needs of the parties in situations that require quick and effective procedures. In many cases, the complaint of the arbitral tribunal may take weeks or months, in order to obtain the primary protection on which the settlement of the dispute is focused. For the past decade, emergency arbitration has become one of the biggest activity of the success of international arbitration, and it can even be said that there is no other new arbitration, this mechanism provides urgent protection to the parties before the forma
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