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Judicial custody of bankrupt bankers

The management of funds for banks whose bankruptcy is declared and maintained is necessary, as it is a measure that aims primarily to preserve those funds for fear of being smuggled or destroyed, and that constitutes a guarantee of the rights of bank creditors. In his choice to do that task and this person is called in the Iraqi banking law (the judicial guard), which this research was devoted to touch on what is guarding and who is the judicial guard in relation to Iraqi law and other comparative laws and is represented (Lebanese law and Omani law) where the first topic was devoted to a concept to guard Judicial and the appointment mechanism As for the second topic, it has been devoted to talking about the tasks undertaken by the judicial guard and whose importance the law

 requires the appointment of a person to carry out, knowing that judicial custody as a term implied many differences, both in relation to the banking law and the general provisions of bankruptcy in the Iraqi Trade Law or in relation to For designations adopted by comparative legislation to indicate the meaning of this entity as well as exit from Searching the results that were reached in addition to the mentioned recommendations.

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Publication Date
Sat Dec 24 2022
Journal Name
Journal Of Legal Sciences
Judicial Decisions in Federal Decree-Law No. 15 of 2021

Judges perform many acts in the exercise of their function and issue many judicial rulings, judicial decisions, in addition to judicial orders; Accordingly, judicial decisions differ from judicial decisions, and both differ from judicial orders. Although judicial rulings and judicial orders are clear and their nature can be accurately identified, defining judicial decisions, especially those added by the legislator in the UAE under Federal Decree Law No. 15 of 2021, is not that easy. In the aforementioned decree-law, the Emirati legislator added the word (Decision) with each word (Ruling) in most of the legal texts subject to amendment under this decree.

Judicial decisions issued by judges during the exercise of their functions a

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Publication Date
Mon Oct 01 2018
Journal Name
Journal Of Economics And Administrative Sciences
The role of judicial accounting in improving the quality of financial reports

     The quality of the financial reports depends on set of accounting standards ,most of wich have been studied for the purpose of ascertaining the relationship between the standard used and the quality of the financial reports that contribute significantly to improving the financial performance of the institution, Research aims to detect the relationship between forensic accounting and the quality of financial reports, The research included a key hypothesis that forensic accountability could be applied to improve the quality of financial reporting, A sample of gentlemen (external auditors, tax assessors, judges, university professors, shareholders)  (45

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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

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
Sat Jul 01 2023
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
Judicial Accounting and its impact on the outcome of the activity of the Iraqi General Insurance Company: applied research

The research aims to shed light on the importance of forensic accounting and its impact on the outcome of the activity of the Iraqi general insurance company by winning the lawsuits filed against the company because the forensic accountant (the judicial expert) possesses the ability to interpret and analyze the data. The research community represents the insurance companies in Iraq. Iraqi insurance, and the researchers adopted the descriptive approach in covering the theoretical aspect and the deductive approach in covering the practical side, depending on the financial statements of the Iraqi insurance company for the years of research.

One of the most important conclusions reached by the researchers was that forensic accounting

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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

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 Dec 24 2022
Journal Name
Journal Of Legal Sciences
Commentary on Federal Supreme Court Decision No. 158 of 2022 - The Federal Supreme Court and Controls for Self-Relinquishment of Judicial Rulings

العدول عن الاحكام في القضاء الدستوري ظاهرة قضائية مستقرة في معظم المحاكم العليا ، والسبب يرجع الى ما تتمتع به هذه احكام هذه المحاكم من حجية مطلقة ترجع الى كونها غير قابلة للطعن بطرق الطعن القضائية المعروفة على مستوى القضاء العادي ، والمحكمة الاتحادية العليا في رغم حداثة تشكليها نسبياً الى انها اخذت بما انتهى اليه القضاء الدستوري في العالم ومنه الاخذ بمبدأ العدول القضائي استجابة للمتغيرات السياسية والاقتص

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Publication Date
Tue Oct 31 2023
Journal Name
College Of Islamic Sciences
Child custody and protection In Islamic jurisprudence

Praise be to God, Lord of the Worlds, and prayers and peace be upon our Master Muhammad and upon all his family and companions:
And then: What most concerns rational people and reformers in the modern era is the moral deviation and delinquency that dominates childhood, due to family disintegration and the lack of discipline of most societies according to the religious and moral motives called for by the heavenly messages, especially Islam, which is the final message and guarantees the reform of people in life. Every time and place.
Islam has drawn attention to this issue (childhood) and made it the focus of its consideration, considering that the child is the nucleus of society and the preparation for the future, so it ordered that

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Publication Date
Tue Dec 21 2021
Journal Name
Journal Of Legal Sciences
A commentary on the Decision of the Federal court No. 90 for 2021, Reversal of the principle of judicial precedent in the constitution of Iraq for 2005

أصدرت المحكمة الاتحادية العليا قرارها المرقم 90/اتحادية/2019 الصادر في 28/4/2021 الذي جاء فيه (لابد للمحكمة الاتحادية العليا من العدول عن قراراتها السابقة بخصوص استحصال موافقة مجلس النواب بشكل مطلق عن أي جريمة يتهم بها أياً من أعضاء مجلس النواب واقتصار ذلك بحالة واحدة فقط وهي (عدم جواز تنفيذ مذكرة القبض الصادرة عن جريمة جناية غير مشهودة متهم بها عضو مجلس النواب خلال مدة الفصل التشريعي او خارجه الا بعد استحصال الاذن

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Publication Date
Sat Jul 06 2019
Journal Name
Journal Of Legal Sciences
الادارة المؤقتة للاموال الموضوعة تحت الحراسة

The interim administration is an application of the idea of ​​management required by certain circumstances, which are necessary and urgent, and most laws, especially the laws we have compared (the French Civil Code and the Egyptian civil law and the Iraqi civil law) did not regulate the idea of ​​interim administration accurately, This idea is interrelated, but this idea is highlighted whenever a temporary administrator is needed.

It is often necessary to maintain a financial or financial burden that is impossible for the owner to manage his own money for one reason or another, the appointment of a temporary manager who manages these funds, we find the legislator resort in such a case to appoint a manager to temporarily s

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Publication Date
Sat Aug 17 2019
Journal Name
Journal Of Legal Sciences
Control on judicial discretion of administrative judge

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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