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.
The idea of digital legacy is a very modern issue in the legal reality, as it did not appear until this decade, and the signs of its emergence in America are originating from Iraq by an American soldier who was killed in Iraq. The legal position of the accounts and pages and the content of the accounts and personal pages left by the human being after his death, and can it be passed on after him to the heirs or not? It is the general successor who deserves this digital stuff.
When reviewing the position of comparative laws of American, English, French, Iraqi and Islamic jurisprudence, we find that the essence of the problem raised by the issue of digital heritage is the collis
... Show MoreThis study deals with the topic time of transmission of loose international sales، which is defined by the Vienna Convention on the International Sale of Goods as "passing of risk"
As a basis for "the transfer of liability from the seller's custody to the buyer's guarantee. This expression was adopted by the legislator from the Islamic jurisprudence, which is in an acceptance interview in the real estate legislation. The arrest does not require that the actual possession of the goods has actually been done by the buyer. On the face of the buyer can be caught without a hail, and the Iraqi Trade Law No. 30 Of 1984, the provisions of the Transfer of Liability in International Sale were codified، and its provisions were quoted from
... Show MoreResearch title: Ruling on abortion in Sharia and law.
The importance of research: Projection is of great importance because it touches the life of a living being who enjoys human qualities. However, this organism often wastes its rights and does not protect its human beings. These souls are lost in millions by the sake of casual desire or hidden desire.
The research plan: The research dealt with an introductory topic, four topics, and in each topic there are demands, branches, and a conclusion.
The most important findings of the study: The ruling on aborting the fetus in the Sharia is only permissible (and the necessity is valued at its va
... Show MoreThe principle of equality in human life is one of the noblest principles ever found. These principles have been planted in the conscience and conscience of man, and it is the principle that is considered to be an inextricable right with the existence of human in the collective relations between humans in general and members of a group of groups or conglomerates unintentionally organized but created by circumstances. Accordingly, all international and domestic legislations considered it to be a human right, especially in relation to equality in the right to work, equality in other rights and what is associated with the remuneration of work (wages) and related to its attachments and leave. The Labor Law No. 37 of 2015, In Chapter III. This
... Show MoreThis research discusses the right of control in accordance with the rules of Rotterdam, and the UAE Maritime Commercial Law No. (26) of 1981 AD, the right of the sender and the consignee to issue instructions to the carrier regarding the goods, and the topic has been divided into two sections, the first topic entitled What is the right of control for seaborne goods, and the second topic It deals with the rights and obligations of the party controlling the seaborne goods.
he study concluded with many results and recommendations, including: that the right of the sender to direct and dispose of the goods during the sea voyage is not linked to the right of ownership contained in the goods; Because of their independence, the ownership
... Show MoreThis paper deals with "the prohibition of autonomous weapons in the light of the principles of international humanitarian law", The autonomous weapon is the newly developed type of weapon, and it is the latest of the genius of the human race in finding another "automatic" race to undertake combat operations on its behalf, However, this matter was not left at all, Rather, each party to the armed conflict must abide by the principles of international humanitarian law to avoid the harmful effects of that weapon, In particular, adherence to the text of Article 36 of the First Additional Protocol of 1977, which obliges the Contracting Parties to conduct a review of their weapons before their launch to find out what is prohibited and per
... Show MoreInternational bankruptcy is a legal system for those who take trade as a craft and stop performing their obligations of an international character as a result of a defect in their financial position. Legislative jurisdiction in cases of international bankruptcy is one of the most important topics of international bankruptcy by researching the position of national and comparative legislation by determining the applicable law such as the law of the court that hears the dispute or the law to which the attribution rule refers.
This Paper aims to know the modern approaches of determining the Qiblah and its ruling in Islamic Faqah, as well as to find out the required in the identity of the Qiblah or the eye, and the care of the advanced Jurists in this matter, and to present some of their sayings on the issue. we have followed the Descriptive analytical method of the aspects of the jurists ’difference in what is required when facing the qiblah either the eye or aspect, the approach of several demands branched out from each topic, which were answered in the theoretical framework of the research, and the research concluded with the most important results: The need to receive the eye of the qiblah for the worshiper who is close to it and it is no
... Show MoreSince the law is the tool for implementing the state’s public policies, it is natural that its provisions (or at least some of them) seek to preserve human dignity as the source on which all rights and freedoms are based. One of the examples of humanizing the provisions of the law in France is what is known as the winter truce. What is this truce, what are the justifications for granting it, what is its historical origin, how did the legislative treatment of it develop, what are the similarities and differences between it and other legal periods included in French law, what is the scope of its application, and what are the effects resulting from it. These questions and others are what we will try to answer through this research.
The concession rights established for the public treasury are returned to the debtor’s funds, whether they are real estate or movables, and they may be returned to a specific amount of these funds, in accordance with the relevant laws. The legislator in the United Arab Emirates, according to the general rules, did not stipulate that this right be registered with the competent real estate registration department. This may lead to the sale of the property securing the concession right of the public treasury without the knowledge of the competent department of the treasury department to claim this right.
In selling by judicial public auction, the legislator requires certain procedures through which the real estate is purged of acc
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