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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
Sat Sep 14 2019
Journal Name
Journal Of Legal Sciences
Extent of the Legality of the Use of Drones in International Humanitarian Law
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Rules of international humanitarian law establish restrictions on parties to armed conflicts in the their choice of weapons, means and methods of warfare. States when develop or acquire new weapons should verify that it complies with these rules. Current progress by new technology indicates that is very important to continue to assess the legality of new weapons.

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Publication Date
Fri Dec 01 2017
Journal Name
Journal Of Legal Sciences
The theoretical framework for the criminalization and punishment within the scope of government contracts A study of Iraqi law: دراسة في القانون العراقي
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The contract valuable by itself cannot be a source of punishment, but the legislator penal has estimated the seriousness of the breach of some contracts entered into by the official bodies or government with each other or with third- party view of the consequent adverse effects on the administration itself and the beneficiary citizen of the commodity or service  subject of the contract therefore the legislator criminalizing bribery, fraud ,forgery and illegal use of contracts or compromising the freedom and safety of bids or tenders abuse of public office intent to damage public or private interest accordingly , this research deal with for the theoretical framework criminalization and punishment within the scope of government contra

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Publication Date
Thu Aug 03 2023
Journal Name
Journal Of Legal Sciences
Procedures of the Administrative Authority Concerned with Regulating and Protecting Water Wealth in Iraqi Law
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Water wealth is one of the most important natural resources in the world, and it has gained the attention of the international and national community alike in view of its great role in achieving water and food security, including the natural resources it contains, both living and non-living, as well as its importance in the field of industry, tourism and transportation, but there are several Obstacles facing this wealth such as climate fluctuations, environmental pollution, the use of traditional methods of irrigation, the policies of neighboring countries and the continuous increase in the population .. etc. ,which requires the possession of the competent administrative authorities to organize and protect this wealth, preventive and cur

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Publication Date
Mon Sep 02 2019
Journal Name
Journal Of Legal Sciences
Law conflict in the formation of international contract
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The present of a foreign element in the Contract will call the conflict of many laws on the conclude of the contract; usually such conflict will end to the jurisdiction of one law, but in this case it will end to the jurisdiction of many laws on the conclude of the international contract but without being a common jurisdiction, each of the conflicting law will have its own jurisdiction.

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Publication Date
Mon Sep 02 2019
Journal Name
Journal Of Legal Sciences
The crime of fleeing in law
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Researches military crimes is important and dangerous and it is important in it is violation of the obligation and all forms military order in all, it is dangerous because it affects the interests of the armed forces , military crime is a loophole whose effects are not tangible in normal circumstances however ,in the  crises and wars ,they have serious dimensions , one of the most dangerous and crimes is the crime of fleeing and because the great importance of this crime will be dealt with  in two section will be devoted the first  of the concept of the crime of fleeing and the second will address the legal concept of this crime. 

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Publication Date
Wed May 29 2019
Journal Name
Journal Of Legal Sciences
The Methodology of UAETrans Civil Actions Law Concerning Tort: An Analytical Comparative Study in Islamic Jurisprudence
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This paper deals with the position of the UAE Civil Transactions Law No. 5 of 1985 on the harmful act and how it dealt with this subject, and we know that the direct historical source of the civil transactions law is the Jordanian Civil Code. Some texts are quoted literally from this law. The Jordanian civil law is clearly influenced by the jurisprudence of Hanafi and the jurisprudential jurisprudence, while the general orientation of the UAE legislator is to adopt the most appropriate solutions in the jurisprudence with the introduction of the Maliki and Hanbali and Hanafi and Shafei, in the absence of legislation to rule the matter, the authors of the law The United Arab Emirates have changed some of the texts passed on to the Jordania

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Publication Date
Tue Oct 30 2018
Journal Name
Risalat Al-huquq Journal
Legal protection for producers of phonograms in Iraqi law
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Piracy on phonograms is now, rightly, the crime of the electronic age. Despite the protection sought by States to provide for such registrations, whether at the level of national legislation or international agreements and conventions, but piracy has been and continues to pose a significant threat to the rights of the producers of those recordings, especially as it is a profitable way for hackers to get a lot of money in a way Illegal, which is contrary to the rules of legitimate competition. Hence, this research highlights the legal protection of producers of phonograms in light of the Iraqi Copyright Protection Act No. (3) of 1971, as amended.

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Publication Date
Fri Sep 02 2022
Journal Name
Journal Of Legal Sciences
Criminal treatments for games inciting violence in Iraqi law
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    ان ظاهرة الالعاب المحرضة على العنف اصبحت منتشرة في الاسواق بشكل واسع الذي يعزو الى ضعف القوانين والانظمة والتعليمات المطبقة بحق المتاجرين وبالتالي انعدام التطبيقات القضائية ، ولخطورة التوجه الكبير لهذه الألعاب ، كما ان البحث في هذا الموضوع  وتحديد مسؤولية المتاجر بهذه الالعاب يجعل الدولة أكثر تحكما في هذه الظاهرة وتساعد على  الحد من انتشارها ومن ثم تخفيف حدة العنف السائد في المجتم

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Publication Date
Wed Feb 10 2021
Journal Name
Journal Of Legal Sciences
The Relationship developed between Law and Regulation and its Effect on the Rules of Distribution of Jurisdiction Between the Legislature and Executive Authority: A comparative study
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Sort out the stability of the principle of separation of power to stabilize the rules for the distribution of power to the three state authorities (legislative, executive and Judicial), this, in turn led to emergence of the principle of legislative unilateralism, which means that the legislative authority is unique and not the other by exercising legislative competence, except with the permission of the legislative or the provisions of the constitution, this led to the emergence of what is known as the traditional relationship between law and regulation. However, this principle began to lose it, severity due the political, social and economic condition which changed the relationship between the law and the regulation, consequently, the l

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Publication Date
Wed Feb 10 2021
Journal Name
Journal Of Legal Sciences
The Prohibition of Perfidy in International Humanitarian Law
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This research id entitled "The Prohibition of Perfidy in International Humanitarian Law".  International humanitarian law includes some international agreements that aim to regulate hostilities, and the use of tools and means of warfare (The Hague Law), Where there are many international rules that govern the conduct and management of hostilities, there are some provisions that limit the use of certain means and methods during armed conflict, Whether by prohibiting the use of specific methods of fighting, or prohibiting or restricting the use of certain types of weapons, The dedication of these rules to the law of armed conflict comes in implementation of the principle of the law of war, which restricts the authorit

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