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The judge's discretion in resolving disputes of judicial separation
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Marriage is in fact a year of God's years in his creation, and it is the only method that God has made the right way to breed and reproduce and to continue life among people, and God did not make the almighty man like other creatures, he did not let his instincts go off without order and a correct way for her, he did not leave to chaos in Instinct is a place but guided and directed creation to the right way and way of life between people and reproduction in order to preserve the dignity of the human being and his exposure from chaos. However, marriage may experience some problems, difficulties, disagreement or discord between the spouses and even to the extent that it prevents the continuation of the common life between them, and one of the spouses is attacked on the right of the other, so it is necessary to return the aggressor to the right. Since divorce is in the hands of the man and not in the wife's hands and he uses it whenever he wishes, however, the Shariah has given the woman what she has to do with her right and dignity from transgressing her husband and harming her, so she has granted the wife the right to seek judicial separation and termination of

marriage.

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Publication Date
Wed Oct 30 2019
Journal Name
Journal Of Legal Sciences
The Judge's Estimation Power in Giving the Judicial Term in the Execution Case: comparative study
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The judge's estimation power in giving the judicial term in the execution case is represented in the possibility of amending the term of the contract commitment. That term on which both parties agreed to execute the contract commitment at its due date, because at the due date of fulfilling the commitment the debtor is bounded to pay, yet this fulfillment may be exhausting to the debtor, or causing him damage or harm more than that damage caused to the creditor in delaying the fulfillment.                             

             &nb

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Publication Date
Sat Aug 17 2019
Journal Name
Journal Of Legal Sciences
Control on judicial discretion of administrative judge
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The control over discretion rests with the judgment of the judge who issues it. The court, which is competent to hear the appeal of the judgment, shall examine the judgment and examine it for its validity, including all parts of the sentence and its aspects; The tools that the judge works to reach the conclusion he has reached in the judgment, including. However, the court's control, ie, the court of law, is not absolute. In essence, it does not apply to the legal aspect without the factual aspect, and this does not mean that the court does not consider the factual aspect at all. Rather, it does not mean that the court of law does not take the substance of the truth. By the judge to reach the reality and does not specialize in the origin

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Publication Date
Thu Dec 27 2018
Journal Name
Revue Académique De La Recherche Juridique
Extent and limits of the judge's power to the contract (Comparative study)
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The contractual imbalance is perceived today by the majority of the doctrine as being one of the pitfalls to the execution of the contracts. As a result, most legislations grant judges the power to intervene to restore it. Granting the judge the power to complete the contract raises the question of the extent to which the judge can obtain such power. Is it an absolute authority that is not limited? If so, is it a broad discretion in which the judge operates in his conscience, or is it a power of limited scope by specific legal texts and conventions? This is what we will try to answer in this research.

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Publication Date
Mon Mar 15 2021
Journal Name
The Journal Of Legal And Social Sciences
Limitations on the authority of a judge in case-law ( France as a model )
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When exercising their authority in the jurisprudence, judges are subject to a set of restrictions that they must adhere to, as they do not want their jurisprudence to be accepted and welcomed by law practitioners in general, and legal scholars in particular, and in contrast to it, the arrows of criticism and defamation will extend to that jurisprudence, and then they will have to reverse them . Perhaps the most important of those restrictions imposed on judges is their observance of justice between the parties to the lawsuit through their lack of bias for one of the parties at the expense of the other, in addition to their observance of public order and public morals, as well as their observance of the legal texts that they work under its u

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Publication Date
Sun Jul 07 2019
Journal Name
Journal Of Legal Sciences
Provisions of Periods in the Matters of Personal Status and the Extent of the Judge's Power to Amend Them “Comparative Study”
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Most modern legislations seeks to regulate the provisions that guarantee the stability of marital life, and that the Iraqi legislator along the lines of such legislation has ensured the stability of married life, therefore, he started to regulate the matters related to it, and in order to achieve these issues and the desired objectives, he adhered to limit these issues to periods that the parties must take into consideration when exercising these rights because they have serious effects that may lead to loss of these rights if they are not observed . In addition, the periods of personal status issues are divided into the considerations to several divisions included the related to their impact in terms of being constructing of the rights

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Publication Date
Wed Mar 30 2022
Journal Name
College Of Islamic Sciences
Judge's Preaching to the Litigants and Witnesses An Applied Doctrinal Study on Judicial Decisions of Saudi Courts
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Abstract

Praise be to Allah and prayers and peace be upon our Prophet, Muhammad, his family and all of his companions,

This research addresses the issue of judge's preaching to the litigants and witnesses; it is a very significant issue since the judge cannot know the insides and facts, but it issues judgments based on the hearings. Since people are originally wrong-doing and ignorant, they, therefore, commit injustice, oppression, false adversarial, and false testimony. However, some people can possibly retreat and return to the right, after being inattentive or recalcitrant, by preaching. This fact led scholars to talk about the judge's preaching to litigant and witnesses and this research is conducted

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Publication Date
Sat Jul 01 2023
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
The role of forensic accounting in resolving banking disputes: an applied research on a sample of private banks listed in the Iraq Stock Exchange
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This study aims to identify the role of forensic accounting in resolving banking disputes in the Iraqi environment, and to achieve this goal, the fiel

d survey method was used, as it is the most appropriate for studying the phenomenon in question and achieving its objectives. A sample of (50) male and female employees was selected, distributed among five banks listed on the Iraq Stock Exchange in the Baghdad governorate. The questionnaire tool prepared for this purpose was applied to them, which consisted of two main axes. The first axis included paragraphs of questions related to the importance of forensic accounting. The second axis relates to disputes At the end of the research, we reached a set of conclusions, the most import

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Publication Date
Thu Aug 03 2023
Journal Name
Journal Of Legal Sciences
The Legislative Position on Emergency Arbitration in the Settlement of Private International Disputes
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       The emergency arbitration mechanism is a relatively recent system in arbitration at the level of both national and medicinal legislation and rules.  It does not adequately accommodate the needs of the parties in situations that require quick and effective procedures. In many cases, the complaint of the arbitral tribunal may take weeks or months, in order to obtain the primary protection on which the settlement of the dispute is focused. For the past decade, emergency arbitration has become one of the biggest activity of the success of international arbitration, and it can even be said that there is no other new arbitration, this mechanism provides urgent protection to the parties before the forma

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Publication Date
Sat Apr 10 2021
Journal Name
Journal Of Legal Sciences
Judicial control over the decisions of separation of heads of administrative units in Iraq
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Legislation under study organized the judicial control over the decisions of the end of service heads of administrative units in Iraq,  since before the first amendment to the law of the governorates in the irregular province No. (21) for the year 2008 was the appeal before the Federal Supreme Court and after the first amendment became the decision to dismiss the governor and the governor The Governing Law stipulates that the Governor may appeal against his dismissal before the Administrative Judicial Court within fifteen days from the date of his notification. The law obliges the court to rule on the judgment with in (30) days The law did not provide for the governorates in force to appeal the dismissal decision،  and the law

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Publication Date
Tue Jul 07 2020
Journal Name
Journal Of Mechanical Engineering Research & Developments
NOISE EFFECTS IN SKILL DISCRETION AND MODELING
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Diesel generators is widely used in Iraq for the purpose of maintaining electric power demand. Large number of operators engaged in this work encounters high level of noise generated by back pack type diesel generators used for this purpose. High level of noise exposure gives different kinds of ill effect on human operators. Exact nature of deteriorated work performance is not known., in present research , quastionaire was adsministered 86 repondents in Baghdad city were exposured to wide range of noise level (80-110) dB(A) with different ages and they have different skill discretion levels. Noise levels A-weigthed decibles dB(A) were measured over 8 weeks two times aday during the 2019 summer using a sound level meter.For predicting the wo

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