The idea of a common defect of the guarantee has gone through many developments in terms of defining the concept of this defect, starting with civil legislation and passing through the United Nations convention on contracts for the international sale of goods of 1980 (the Vienna agreement) and ending with legislation on consumer protection, and the French judiciary had an important role in developing this idea, so this came. Research to study these developments while clarifying the Iraq law's position on them and explaining the extent to which Iraqi legislation has reached in taking these developments, as the concept of defect no longer includes the shortage in the price of the sale or what is missed by a valid purpose, but rather expanded this concept to be more comprehensive, which facilitates the imposition of the penalty on the contractor which guarantees this defect.
يتناول البحث تحديد مفهوم العيب الموجب للضمان وتطور فكرته في القوانين المدنية وقوانين حماية المستهلك واتفاقية الامم المتحدة بشأن عقود البيع الدولي للبضائع لسنة 1980
The Vienna Convention 1980 developed the concept of a defect that necessitates the warranty in a way that is compatible with the requirements of international trade, as it attached it to the obligation of conformity. The agreement also developed the penalties resulting from the existence of the defect, as it imposed on the seller that he is obligated to ensure that his goods conform to the provisions of the contract, as well as that they must be usable. For the purposes for which the goods are used, if the goods are not in conformity, then the seller is in breach of his obligation to conform, as he has delivered defective goods.
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.
War was and remains one of the main instruments for the practice of international relations, and has always been a major focus of the study of international relations. War, such as diplomacy, propaganda, etc., is an instrument of national politics. States have used wars to achieve their goals and aspirations and achieve their national interests. War and peace issues are essential to understanding international relations. They are questions that involve the problem of survival.
Today the term "war" is used in many different ways. We talk about Cold War, Hot War, Limited War, Total War, Conventional War, Unconventional War, Civil War, Gang War, Preventive War etc. However, the war continued to exist, and took various forms.
... Show MoreThe right of the patient to know the medical risks surrounding the medical intervention is one of the most prominent rights based on the principle of "physical safety", which has undergone several stages of development until it reached the development of the patient's independence in making medical decision without relying on the doctor, The patient's prior informed consent is informed of his / her medical condition. We will study this development in accordance with the French March 4, 2002 legislation on the rights of patients in the health system, whether it was earlier and later. We will highlight the development of the patient's right to "know the medical risks surrounding medical intervention" The legislation and its comparison with th
... Show MoreThe first section of this research discussed the manner of the research from many sides like the problem it faces, importance of it , its targets ,boundaries, the way to collect and get information's and its assumption.
When the second chapter discussed the press – manufacturing and the development ,importance and types of newspapers, also its merits and weaknesses.
The third chapter talked about the scientific side and how to choose an assumption for the research . as it talked also about the apparent honest and stability tests that help in analyzing the research until getting results and so the right assumption for the research will be chosen.
And finally, the fourth chapter put highlight on the be
... Show MoreThe concept of St-Polyform modules, was introduced and studied by Ahmed in [1], where a module M is called St-polyform, if for every submodule N of M and for any homomorphism ð‘“:N M; kerð‘“ is St-closed submodule in N. The novelty of this paper is to dualize this class of modules, the authors call it CSt-polyform modules, and according to this dualizations, some results which appeared in [1] are dualized for example we prove that in the class of hollow modules, every CSt-polyform module is coquasi-Dedekind. In addition, several important properties of CSt-polyform module are established, and other characterization of CSt-polyform is given. Moreover, many relationships of CSt-polyform modules with other related concepts are
... Show MoreIt has become clear to see the role of the small and medium enterprises in the economy, and for the continuity of these projects it is necessary to supply finance from the banks, How ever the latter suffers risk of lending.
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... Show MoreThe guarantee of deposits came in most countries as a result of the financial crises faced by the banks, as the role of the guarantee agencies does not end to the point of enabling the depositor to recover his deposit, but rather it is considered necessary to overcome crises and stabilize the banking system.
The decisions related to the coverage determined by the types of guarantee are important, and it is required that these decisions be consistent with the policy of each guarantee to control and limit the negative effects that accompany deposit insurance, in order to face any risk that threatens deposits and confidence in them and to avoid any financial failures for the stability of the banking system and the protection of depo
... Show Moreيتناول البحث احكام العيب في اتفاقية الامم المتحدة بشأن عقود البيع الدولي للبضائع لسنة 1980