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Legal basis of the innkeeper obligation to ensure the physical safety of the guest in Iraqi and Egyptian law: A comparative study with the French and English laws

The legal basis for the obligation of the innkeeper to ensure the safety of things does not pose any problem, because the comparative legislation was organized by explicit legal texts, but the problem arises with regard to the legal basis of the innkeeper's obligation to ensure the physical safety of the guest, as these legislation lacked explicit provisions about it, and left the organization of the general rules, which Open the door to jurisprudence, where the foundations laid by the jurists, within the scope of civil law, unlike the English legislator, which organized it as a general duty in the landlord law of 1957, and some consumer protection laws implicitly referred to the obligation of the innkeeper To ensure the safety of the body of the guest, the aim of this study is to identify the legal basis of this obligation and to achieve this goal we must first show the legal basis for this obligation in the Civil Code, and then clarify its legal basis in the Consumer Protection Act.

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Publication Date
Thu Mar 21 2019
Journal Name
Journal Of Legal Sciences
The economic tortuous liability in English law. A comparative study with the illegal competition in the Iraqi law

The economic tortious liability in the English law is based upon economic Torts are considered as a type of the ancient and deep-rooted torts, aiming at breaching the rules of legal and equitable trade competition. and which are included in the customary English law of torts, based upon the judicial precedents decided by English courts. It is worth-bearing in mind that the economic torts are classified into two main types.  That is to say, the general economic torts and the misrepresentation economic torts. Whereas the Iraqi legislator left the regulation of the illegal competition to the general rules of the delictual liability in the Iraqi civil law No. (40) of 1951.

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Publication Date
Wed Jul 28 2021
Journal Name
Journal Of Legal Sciences
The Quasi-Contract in the English Law. A Comparative Study with the Unjustly Paid in the Iraqi Civil Law

Quasi-contract is considered as one of the well-established legal systems of the English Common law of customary origins, which is unwritten and based upon judicial precedents of the English courts. It is worth-bearing in mind that the legal basis of quasi-contract passed into two different stages: in the first stage the English judicature, supported by some juristic opinions regarded it as an implied Contract made by courts to prevent one party from being unjustly enriched at the expense of the other. Whereas in the second stage the English judicature considered it as an independent source of obligation، based upon the law of restitution. and having nothing to do with the law of contract. The Iraqi civil law No. (40) of 1951 regulated

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Publication Date
Wed Feb 10 2021
Journal Name
Journal Of Legal Sciences
The Contracts in Restraint of Trade in the English Law. A Comparative Study in the Iraqi Law

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

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Publication Date
Wed Jun 15 2022
Journal Name
Journal Of Legal Sciences
Catering Contract of Restaurants in the English Law. A Comparative Analytical Study with Iraqi Civil Law

The Catering contract is considered as a type of hospitality contracts in the English common law of customary origins. Which is unwritten and based upon judicial precedents of the English courts. It is a complex contract of mixed nature، Is Regarded as a contract for the sale of meals of food and drink،, and is considered as a contract for supply of services concerning the preparation of food and drink، for providing them to the customer، as well as being a bailment contract. It is worth-bearing in mind that this contract is subject to the rules of three important English legislations: The Sale of Goods Act 1979، The Supply of Goods and Services 1982، The Consumer Protection Act 1987، and The Consumer Rights Act 2015. It is also w

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Publication Date
Wed Oct 07 2020
Journal Name
Journal Of Legal Sciences
The Occupier's Civil Liability in the English Law. An Analytical Comparative Study with the Iraqi Civil Law

The occupier’s civil liability in English law is considered as one of the main types of the responsibility imposed by the law of Torts. and is regarded as a special system of the civil liability arising from negligence, as well as two other systems, that is to say , the employer’s non-contractual liability and  The liability from defective products. It is worth-bearing in mind that the common law has imposed on the occupier of the premises a duty of safety towards those who enter his premises. And two English legislations have been enacted later to regulate this type of liability legislatively, namely, the Occupier's liability Act 1957 and the Occupier's liability Act 1984. Whereas the Iraqi civil law No. 40 of 1951 has regulate

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Publication Date
Wed May 29 2019
Journal Name
Journal Of Legal Sciences
The factors affecting the standard of reasonableness to determine the negligence in the English law. A comparative analytical study with the Iraqi civil law

   The Standard of reasonableness is considered as one of the objective standards adopted by the English Common law, to determine the standard of the care to be taken by the debtor of the obligation. And to ascertain the realization of the civil liability of negligence, the materialization of which requires four conditions. That is to say,  the imposition of the duty of care to the defendant, the beach of the duty of care, the damage befalling the plaintiff, and the causation or causal link between the tort of negligence and the damage.  It is also worth-bearing in mind that the forms of the  Standard of reasonableness are variate in the English law to meet the different circumstances arising from the variation o

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Publication Date
Thu Aug 03 2023
Journal Name
Journal Of Legal Sciences
The Legal Basis for Negotiations in International Armed Conflicts

Negotiations are among the best means that countries use to achieve their various objectives in foreign policy, precisely because of the high degree of influence that this tool exerts in this field, and the extent of its link with other peaceful diplomatic means.

On the other hand, negotiations represent the best way to move away from the option of war or perhaps settle it. This is mainly related to the efforts of states to employ this method as a method for dealings among themselves, and thus negotiations represent a supreme value that is indispensable for states, as they represent a clear and universally accepted method of work related to the maintenance of peace and security International as a culture in the relations of state

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Publication Date
Sat Apr 10 2021
Journal Name
Journal Of Legal Sciences
Legal regulation of the central bank of Iraq: comparative study

The emergence of the central bank was a commercial bank the advantage of the government as if it belonged to him or the privilege of issuing banknotes. There is no comprehensive definition contrary to the concept of the central bank although everyone agrees that the central bank stands at the head of the banking system in the state and takes charge of banking and credit policy in the country.

The central bank is a governmental institution that dominates the monetary and banking system of the state it is responsible for issuing cash and acting as the financial agent of the government in addition to credit central in order to support the economic growth and monetary stability of the country and the central role of the central bank

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Publication Date
Fri Jun 02 2919
Journal Name
دار الكتب القانونية
مضمون العقد-دراسة مقارنة مع القانونين الفرنسي والانجليزي

ان العقد – في تكوينه – عبارة عن اتفاق ارادتين من اجل احداث اثر قانوني معين ، بيد ان العقد نفسه – في آثاره – يخضع لمجموع الالتزامات التي تشكلت طبقاً لما انصرفت اليه ارادة طرفيه ، فضلاً عمّا تيسّر من احكام اخرى فرضها المشرع او العرف او العدالة او مبادئ حسن النية .

Publication Date
Fri Dec 01 2017
Journal Name
Journal Of Legal Sciences
The Legal System Of Arbitration As a Name Of Setting Foreign Investment Disputes in Iraqi and Kurdistan Region legislation: A COMPARATIVE LEGAL STUDY

Is a theme of foreign direct investment and indirect interest of the world, especially developing countries, and the growing interest in recent issue of investment in Iraq and the region being one of the countries aspiring to attract foreign investment, especially in the natural resources sector, having changed relatively Look uncertainty towards foreign investors, both of by the state or its citizens.

Although mutual cooperation between the state invested and investors to identify those rights and obligations in terms of scope or content of the contract between the parties, but it might get a conflict between the two parties in the exact content of the rights enjoyed by the investor and the obligations due to breach of one of th

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