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The legal obstacles for the choices of the real estate owner and the extent to which the options of the holder are affected as a result of the pledgee’s breach of his legal duties
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منح القانون حائز العقار المرهون خيارات معينة ، ان يستعمل منها ما يناسبه للحفاظ على ملكية العقار ، ويتجنب ملاحقة الدائن المرتهن الذي قد يفلح في نزع هذه الملكية من يده لتقع في نصيب شخص آخر ، او قد تكون من نصيبه بعد ان يسدد الثمن الذي رسا عليه مزاد البيع طبقا للاجراءات المتبعة .

قد يتعذر على الحائز في حالات معينة استعمال البعض من هذه الخيارات او كلها(Contraindications to using options) ، الامر الذي يضعه تحت رحمة الدائن المرتهن الذي لا مفر سيتبع الاجراءات القانونية الممهدة لنزع الملكية .

من جانب آخر فان الدائن المرتهن قد يتلكأ في مباشرة الاجراءات الممهدة لنزع الملكية عن طريق البيع بالمزاد(Auction sale) استيفاءا لحقه المضمون بالرهن واتمام الملاحقة ، او انه لم يتخذ هذه الاجراءات اصلا ، فان ذلك سيترك اثرا على مدى حرية الحائز في مباشرة الخيارات التي منحها اياه القانون . لهذا سنتناول في هذا الموضوع الموانع القانونية(Legal barriers to real estate holder) التي تقيد الحائز باستعمال هذه الخيارات ، كذلك البحث في مدى ثأثر خيارات الحائز نتيجة لاخلال الدائن المرتهن باتباع الاجراءات التي نص عليها القانون . وقد تضمنت المقدمة على الفقرات الاتية :

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Publication Date
Fri Sep 02 2022
Journal Name
Journal Of Legal Sciences
Violations of the financial employee in his legal work
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The financial violation must be defined as a concept for the purpose of distinguishing this concept from other terms that may be suspected in the context of the job and the violations of the financial employee that may be disciplinary or even punitive. From Egypt and Iraq, in addition to addressing the doctrinal aspect in the two countries above and the extent to which the specialized jurists dealt with the statement of financial violations, or even highlighting images that could be considered that the violation committed by the financial employee falls under the framework of the financial violation. Which may result in a financial violation by the financial employee, and we touched upon the request of him to indicate the financial viola

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Publication Date
Mon Dec 25 2023
Journal Name
Journal Of Legal Sciences
The Formation of the Legal Faculty and its Application
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The sound legal thinking that reaches sound legal results is the basis of the legal faculty that is defined as: the faculty of the legal person to understand the legal language verbally and meaningfully and coexist in it and deal with it and realize and choose what words it can from it when needed during work and professional dealing, but this thinking does not have a methodology in specific and specific jurisprudence, as the faculty does not have a fixed size or a certain limit, but is flexible and expands It grows as its owner fills it with legal information and practical experience. The legal faculty has not been regulated by the legislator, in addition to the fact that the judiciary and jurisprudence have not dealt with this by expre

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Publication Date
Thu Aug 31 2023
Journal Name
Journal Of Legal Sciences
The Legal Nature of Independent Guarantees
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The guarantee has been known since ancient times as the most widely used personal guarantee, whether at the commercial or civil business level, internally and externally. However, it suffered from weaknesses from the point of view of creditors. In search of a safer personal guarantee, and based on contractual freedom, independent guarantees arose, starting with practice, followed by the stage of legislative regulation.

This type of new guarantees is based on the principle of independence. The independent guarantor, who is the debtor of the guarantee, is bound by a personal guarantee originating in the contract with the inability to adhere to defenses, which constitutes an advantage that tempts creditors, and the well-known legal

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Publication Date
Thu Dec 30 2021
Journal Name
Journal Of Legal Sciences
The Legal Nature of Investment Contracts
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The investment contract that has a foreign element is considered amongst the contracts that have their legal and international economical weight, for what it represents in all countries’ economies, and achieving progress in many fields that investment has its effects on their growth and establishment as its at the centre of everyone’s attention. As well as that the variety in opinions and the presence of differences in the contents of these contracts, and the confusion between them and other international contracts, and the considerable interest jurists have in them have all led to not having a legal definition for them, as most definitions the describe them are more economical than they are legal, and the reason for that is that law

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Publication Date
Sat Dec 24 2022
Journal Name
Journal Of Legal Sciences
The Legal Effects of Breaching the Administrative Contract : A Comparative Study
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      The administration concludes two types of civil and administrative contracts, each of which is subject to its own system, and the administrative contract is characterized by a set of exceptional powers towards the contractor in order to compel him to implement his obligations

       And that administrative contracts require a large financial and technical possibility to implement them, especially contracts that focus on strategic projects, including general contracting contracts

      Which is based on the technical competence and merit of the contractor, and accordingly, delay in the implementation of contractual obligations or negligen

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Publication Date
Thu Aug 03 2023
Journal Name
Journal Of Legal Sciences
The Legal Nature of the Sports Sponsorship Contract
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The sports sponsorship contract is one of the most important contracts concluded by sports institutions in order to obtain sufficient funding for the performance of its activities. Contract and its development.

This study dealt with the legal nature of the sports sponsorship contract by examining the extent to which some of the provisions of the named contracts apply to it, and then applying the provisions of which one will apply to it, by dealing with the contracts on the benefit such as the licensing contract, the deposit contract, and the contracts on work such as the work contract and the contracting contract.

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Publication Date
Thu Dec 19 2024
Journal Name
Al–bahith Al–a'alami
Legal Protection of the Printing Format of the Newspaper
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This research has been devoted to the objective and important issue which is the legal protection of the printing form of the newspaper in the Iraqi press.

As this issue constitutes the integrated unit of the printing format in addition to achieving legal protection for the illustrative image used in the press. Such matter, on both level the integrated unit of the printing format and the legal protection, is out of reach of study due to the comprehension of the subject is concerned.

Although there is a justification for dealing with both of them together as the explanatory image is one of the foundations on which the printing format of the newspaper is built. This case generates, at least, the same legal subject that appe

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Publication Date
Wed Oct 07 2020
Journal Name
Journal Of Legal Sciences
The legal nature of nullity in a period of suspicion
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Represents the period of suspicion period between start date stop payment and date of issuance of the rule of bankruptcy, and that behavior performed by the merchant debtor in this period is the behaviors suspicious. Once to stop the merchant debtor to pay its debts makes his action marred by disorder. as it may harm creditors or a preference for each of other because it feels along of bankruptcy or it may oversaw  so distrust legislator of his action in this period which is the most dangerous periods and most dangerous on creditors , the legislator stipulated that action issued by the debtor during this period should be null void the aim of the legislator is to protect the creditor community and that the non-exhaustion of the dispo

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Publication Date
Sun Sep 01 2019
Journal Name
Journal Of Legal Sciences
Legal Nature of the Central Criminal Court
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In this paper, we discussed the legal nature of the Central Criminal Court with two demands: the first relates to the legal basis of the Central Criminal Court, and the second is related to the criminal justice system.

          With regard to the first demand, we have highlighted the stage after the change of the political system in Iraq in 2003 and the subsequent assumption of the US Governor for Civil Administration Affairs in the country and the issuance of a number of resolutions, including what we discussed in the first section (the first legislation No. 13 of 2003 ), Which included twenty-three sections, some showing how the Central Court was formed and the most important rules

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Publication Date
Sun Dec 01 2013
Journal Name
Political Sciences Journal
The legal provisions of the continental shelf in international law
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الأحكام القانونية للجرف القاري في القانون الدولي

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