The legal system of found property is considered as a reason or method of preliminary acquisition of ownership, as well as two other reasons, that is to say, the fixture of personal chattels, and the adverse possession, resting on the principles of equity, and included within the English common law of customary origins, which is unwritten and based upon judicial precedents of the English courts, equity and later legislations. It is worth-bearing in mind that the found property is the lost property on which the finder enjoys more rights than all other people, except its original owner. It is also worth-mentioning that the treasure trove is considered as found property in the English law. and it is any object at least 300 years old when found, which is not a coin but has metallic content of which at least 10 per cent by weight is precious metal. Meanwhile the Islamic jurisprudence regulated the legal system of found property accurately and in details, and considered it as the lost property, whose true owner is unknown. Whereas the Iraqi civil law No. (40) of 1951, referred to the found property , but did not regulate it, and left its regulation to special laws.
ان اي مجتمع لابد له من سلطة تنظم امره وتدبر شؤونه لان المجتمع الانساني ضروري ويعبر الحكماء عن هذا بقولهم (( الانسان مدني بالطبع اي لابد له من الاجتماع ))(
[i]) ، وان مبدأ سيادة القانون يتطلب وجود دولة قانونية تقوم على اركان حقيقية تستمد قوتها من الشعب باعتباره مصدر السلطات ،ولها قوة ملزمة تستمدها من القواعد الدستورية التي ارست عليها بنائها القان
... Show MoreThe owner and possessor may meet in one person, thus who have these property they have its fruit. But in sometimes the owner is different than possessor, this happen in case the original owner succeeds in recovering his property or right. About that the legislations differed on the determination the person who deserves the fruits and whether the possessor is bona fide or mala fide. This paper is focused on the idea of the excluded from the rule of possession of the thing. And the applications of the rule (acquisition by possession) that belong to modern Roman law also the standpoint of Iraqi law.
For in the Holy Qur’an there are vivid examples and speaking models that tell stories of the tyrants who filled the world with tyranny and overwhelmed it with tyranny, and the Holy Qur’an presents these proverbs to people, not so that they may be amused by them, but rather so that they consider and bite with them. For every tyrannical tyrant, he lives within a framework of self-loss, according to him from life he lives and suffices, even without attachment to a principle or an ideal, and in the world of the unconscious with his whims, without any regard for death that is closer to him than his jugular vein, or for an account that does not leave small or great Therefore, the title of my research came to this (Qarun in the Holy Qur’a
... Show MoreSome actions do not come from the law, but rather from the moral will of a person, and these actions are necessary for people to do because a person is a moral being whose existence is determined by his relationship with values. And, since ethics is one of the normative sciences that link the end to the means, that is, of a person study is not limited to what is an object, or a current situation, but it should be. Therefore, task of a person is to set conditions that must be met in human will and actions in order to become the subject of legal and ethical rulings. This is because there is a close relationship between law and morality, and despite the absence of a legal rule that obliges individuals to do actions, such as extending a hand
... Show MoreThe tax system, like any other system, as a set of elements and parts that complement each other and are interrelated and interact to achieve specific goals, and is a natural reflection of the economic, social and political conditions prevailing in society, and therefore the objectives of tax policy formulated in line with the objectives of economic policy in general, which means that any change in economic policy clearly affects fiscal policy measures and fiscal policy in particular.
The problem of searching for the impact of foreign direct investment in the Iraqi tax system was focused on the study the of foreign direct investment and therole played in developing and improving the economic reality and its implicatio
... Show MoreThe search came under the title "The Legal division of the distribution of seats in Iraq under Law No. (45) for the year 2013 and its effects on the value of the seat of Parliament)" as part of the response to the requirements of the current circumstances that are going through Iraq, after the experience of each of the electoral experiments that we are waging every four Nawat to elect a new house of representatives that cries out for amending the distribution systems of parliamentary seats, so that some have imagined that the devil is behind all the darkness of the crises in society, and that it is inevitable to believe that the distribution systems of the parliamentary seats is a legal ploy to confiscate the will of the peo
... Show MoreThe research aims at identify the role of the electronic trading system used in the Iraq stock exchange to promote trading activity for the stocks of listed companies in this market.
To prove the hypothesis of research, it was selected the main trading indicators for the market to be a main field in test the research hypothesis.it was selected as the period of time for (9)years span between the years (2005-2013) because they represent the first two articles of equal time periods represent aperiod that preceded the introduction of electronic trading system while the second represents the period of time that followed
The research found a number of conclusions but the mo
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The objective of this research is to identify the analysis of the ethics of the administration in the development of the social responsibility of one government organizations, and to achieve the objectives of the research was the use of a questionnaire developed for the purpose of data collection and distribution to the research sample, was chosen as a total sample population (50) individuals were relying on statistical package to do a statistical analysis for this research, user, ANSI (SPSS) simple regression analysis, standard deviation, Pearson correlation coefficient.
Research findings show the role of social responsibility in achieving the university's strategy,
... Show MoreIn a world of limited space, the owners are always surrounded by others next to them, and, consequently, there is hardly any activity which the owner may exercise on his land which would not affect the other owners. If he builds a building, that building may block the sun's rays or the air from the buildings next to it and owned by other people. And if he runs a business, the lands adjacent to that business may be overburdened with the accompanying noise or traffic. If oil is prospected in a land, the neighboring lands may be deprived of oil or their owners may be exposed to toxic fumes. Hence the importance of researching the intention of harming others, as it is one of the most important forms of abuse in the use of the right (especially
... Show MoreThe study attempts to focus on the organized agreements of medical liability, after frequent use experience of these agreements, which come often either exempt civil liability or limit, which making the Researcher to submit the study to the light of the laws of the UAE and the law of English, to be collected in the final recommendations to guide the Legislature of UAE according to the Law of Medical Responsibility 2016.
The search consist of two main themes, dealt in the first section with the application of the terms of the exemption or limitation of responsibility in the general rules, and comparing with the agreements of Medical Responsibility, the second section focused on items that emphasize Medical Responsibility, be
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