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The Quasi-Contract in the English Law. A Comparative Study with the Unjustly Paid in the Iraqi Civil Law
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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 the unjust enrichment and considered it as an independent source of obligation also, with the unjust payment being its main application.       

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Publication Date
Fri Dec 14 2018
Journal Name
Journal Of Legal Sciences
Abuse of power is a defect of will in English law A comparative study of Iraqi law
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Undue influence is considered as a vitiating factor or defect in English law. It is a dominating influence, with which the ascending party enjoys, and which enables him to exert an illegitimate pressure on the unduly influenced weaker party, in order to induce, or force him, to conclude a contract and enter into a transaction, against his will. It is also worth-bearing in mind that the doctrine of undue influence is an equitable one, originating from the rules of equity, applied by English courts of equity, and by which these courts set aside unconscionable bargains, in which one party is in a position to exploit the weakness of the other.  It is also worth-mentioning that this doctrine has been included in the English common law. W

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Publication Date
Fri Dec 14 2018
Journal Name
Journal Of Legal Sciences
The child right of body protection in the international law A comparative study in Islamic shree
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The children are suffering from many kinds of tragedy acts such as killing and torture which arise from civil wars never be seen along the human history since decades.

We still see millions of children suffering specially in the Arab world, Iraq, Syria, Libya, and Yemen. This study deals with kinds of protections which comes by international treaties and practiced by international organizations which helps in the protection through the military conflicts, and we compare this right in the Islamic shree, and how the states are comply with this right and how can they protect the children practically.

At last we reach the conclusion and finally the recommendations.   

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Publication Date
Wed Sep 09 2020
Journal Name
Academic Journal Of Legal And Political Research
Unilateral Contracts - A Comparative Study Under the American System and Iraqi Civil Law
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At a time when the general rules in the different legal systems require the presence of two parties to the contract, one of which is issued the first expression of the will and is called the offer, and the other is issued from the other and is called the acceptance. A special type of contracts emerged in the beginning of the last century called the “unilateral contracts”. The side sparked a major jurisprudential dispute, as well as the issuance of several contradictory judicial rulings on it. Hence, this research came to highlight this special type of contract. Key words: the definition of a unilateral contract, its distinction from other legal situations, and its effects.

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Publication Date
Tue Mar 19 2019
Journal Name
Journal Of Legal Sciences
The Legal Nature of Exception of Contract Non-Performance In The French Civil Code "Comparative Legal Study: Comparative Study
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The exception of contract non-Performance represents an important mechanism in the implementation of obligations. It enables a contractor to refrain from implementing its obligation until the other party has fulfilled its obligations. It is a means of defense, pressure and guarantee of its rights. It is stipulated in articles 161 of the Egyptian Civil Code and Article 123 of the Civil Code While it was not provided for in the French Civil Code except after the issuance of Order No. 2016-131 on the reform of the system of contracts and public order and the establishment of obligations in articles 1217, 1219 and 1220 thereof. These texts, although they did not show the basis on which the exception of contract non-Performance, leaving this

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Publication Date
Fri Jan 10 2020
Journal Name
Journal Of Legal Sciences
Judicial tools in the development of civil law rules (France as a model)
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Despite the principle of separation of powers brought by the French Revolution, which entrusted the task of drafting legislation and its amendment to the legislative authority and the task of settling disputes and settling them in the judiciary. However, since that date, the French judiciary has played a major role in the development of French civil law (In spite of all the economic and social developments that have taken place in French society throughout these years) since its promulgation until February of 2016, the date of the Legislative Decree No. 131 of the year 2016 A modification is the largest in the history of the French Civil Code (which was the judicial precedents in which a significant impact), was assisted by the French ju

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Publication Date
Thu Oct 01 2020
Journal Name
Journal Of Legal Sciences
Judicial tools in the development of civil law rules ( France as a model )
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Despite the principle of separation of powers brought by the French Revolution, which entrusted the task of drafting legislation and its amendment to the legislative authority and the task of settling disputes and settling them in the judiciary. However, since that date, the French judiciary has played a major role in the development of French civil law (In spite of all the economic and social developments that have taken place in French society throughout these years) since its promulgation until February of 2016, the date of the Legislative Decree No. 131 of the year 2016 A modification is the largest in the history of the French Civil Code (which was the judicial precedents in which a significant impact), was assisted by the French judic

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Publication Date
Sun Sep 01 2019
Journal Name
Journal Of Legal Sciences
Government Hospitals lease contract for the private sector In Iraqi law
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The contract for iease public hospitals to the private sector is one of the administrative contracts in which all the elements of the administrative contract are available. It is signed by the administration represented by the Minister of Health. It is presented to a public hospital which is one of the public facilities that provide medical services. The Ministry of Health may also apply to the Leased Hospital. It may also amend the contract in accordance with the public interest, in addition to the possibility of dissolving the contract without recourse to the courts in case the tenant violates the terms of the contract, The State resorted to it in the event that it is unable to provide medical services within the required range, as it

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Publication Date
Thu Jun 15 2023
Journal Name
Journal Of Legal Sciences
Criminal Protection for the Scientific Certificates in the UAE Law : A Comparative Analytical Study
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At present, a scientific certificate has great importance as an indicator of the level of the educational qualification of a person, and a criterion on the basis of which job appointments are made. The title is granted by the scientific certificate. The status of the scientific certificate has had a dual effect. On the one hand, it encouraged persons to pursue educational attainment in order to obtain the highest scientific degrees and the associated moral and material advantages, and on the other hand. It prompted some to seek scientific degrees by any means or method and at any price in order to benefit from these advantages. This situation led to the emergence of unlicensed and fake universities that do not have a real presence on rea

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Publication Date
Mon Sep 02 2019
Journal Name
Journal Of Legal Sciences
The Special Conditions for the Crime of Extradition in Accordance With International Law Provisions and Iraqi Law
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The title of this research is "The Special Conditions for the Crime of Extradition in Accordance With International Law Provisions and Iraqi Law." The examination of the conditions of extradition is of paramount importance because it establishes the general provisions on the basis of which extradition is made, if such conditions are met at the time of the issuing of the extradition decision. Crimes vary according to their types, gravity and description. For this reason, the conditions for determining the crimes in which extradition is permissible have been established. These conditions are that the crime committed is of a certain gravity. The second condition is dual criminality in the requesting State and the States to be extradited; th

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Publication Date
Fri May 31 2019
Journal Name
Journal Of Legal Sciences
(The Role of Bank Deposit Security Companies in Compensating Depositors (A study in Iraqi law
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Given the fear felt by depositors whenever a financial crisis hits the banking sector, the idea of establishing institutions to compensate depositors in case the banking institution where they hold accounts is liquidated has been proposed. Advanced countries have worked on creating institutions that compensate depositors should their banks are liquidated because of financial problems.  Iraq is one of these countries. It promulgated the Bank Deposit Guarantee System No.3 of 2016, whereby companies called bank deposit security companies were established to compensate depositors.

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