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Liability of the property holder in the insurance mortgage
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         من المعلوم إن تسجيل حق رهن على عقار لا يؤدي الى منع الراهن من التصرف في العقار المرهون، فالراهن يستطيع التصرف في العقار المرهون بعد تسجيل التأمين العيني عليه ، ولكن تصرفه لا يؤثر في حق صاحب التأمين العيني ، فهو تصرف غير نافذ في مواجهته لأنه جاء بعد تسجيل الرهن على الرغم من إن التصرف يكون صحيحا وينتج جميع آثاره بين المتصرف (( الراهن )) والمتصرف إليه (( الحائز )) والسبب في ذلك يعود الى انه لو اعتبرنا التصرف الصادر من الراهن غير صحيح فان هذا يؤدي الى الانتقاص من حق الراهن في التصرف ، فالحائز وان كان يملك العقار الذي يحوز ملكا تاما ، ويتمتع بكل مقومات عناصر الملكية ، ومن سلطات الاستعمال والاستغلال والتصرف ، الا ان هذا الوضع القائم لا يجرده من كل الاثار القانونية التي قد تنشأ عن هذه العلاقة القائمة ، فالحائز الذي تلقى ملكية العقار من السلف انما تلقاها بعد الرهن ، وهي مثقلة بحق للغير ، دون ان يكون مسؤولا شخصيا عن الدين الموثق بالرهن . فالحائز من حيث الاصل غير مسؤول عن حقوق الدائنين ، لان الحائز غير مسؤول عما يصيب ملكه ، ولكن لان الحائز يعتبر خلفا خاصا للراهن في هذا المال ، فان التزام الراهن بضمان الرهن ينتقل مع العقار المرهون الى الحائز وفقا للقانون ، باعتباره التزاما يحد من ملكية هذا العقار ، فيسأل الحائز كما يسأل الراهن عما يصيب العقار المرهون ، كذلك فان الحائز يسأل عما يصيب العقار من ضرر اذا تعمد او اهمل في ذلك . اذا فان مسؤولية الحائز قد تتحقق قبل الدائن المرتهن في اي وقت طالما ان حق الرهن لا يزال قائما على العقار المرهون.

 

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Publication Date
Thu Jun 15 2023
Journal Name
Journal Of Legal Sciences
Investment of Mortgage in Pledged Property
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The investment of something mortgaged is defined as the creditor's use of the mortgaged object within the possessed guarantee, so that it will produce certain profit increasing its produce when he uses that for himself or rents it to somebody else or to the creditor himself after discounting his produce from the debt of the mortgagee. The investment of the object mortgaged is the right of the creditor and a commitment imposed upon him simultaneously. If he execute his commitment of investing the mortgaged object which adds a fruit to the produce, the fruit can be discounted from the debt of the mortgaged object; that is to say, a clearing is made between the fruit of the mortgaged object and debt that stands for the object mortgaged. If

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Publication Date
Wed Oct 07 2020
Journal Name
Journal Of Legal Sciences
The Occupier's Civil Liability in the English Law. An Analytical Comparative Study with the Iraqi Civil Law
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The occupier’s civil liability in English law is considered as one of the main types of the responsibility imposed by the law of Torts. and is regarded as a special system of the civil liability arising from negligence, as well as two other systems, that is to say , the employer’s non-contractual liability and  The liability from defective products. It is worth-bearing in mind that the common law has imposed on the occupier of the premises a duty of safety towards those who enter his premises. And two English legislations have been enacted later to regulate this type of liability legislatively, namely, the Occupier's liability Act 1957 and the Occupier's liability Act 1984. Whereas the Iraqi civil law No. 40 of 1951 has regulate

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Publication Date
Thu Aug 31 2023
Journal Name
Journal Of Legal Sciences
The Formalism in Mortgage Accordance of Amarican Law
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This research deals with the formalities of the mortgage contract according to American law, We have given an overview of the provisions of this law related to the subject, We have also taken into consideration the role of American jurisprudence and the judiciary in finding legal solutions to the aforementioned formality, We have discussed the formality of mortgage in American law in two sections, In the first section we showed the formalism in immovable  mortgage, and the second section specified to studying the formalism in movable mortgage.

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Publication Date
Fri Apr 12 2019
Journal Name
Journal Of Economics And Administrative Sciences
Comparative Development between the Asian Tiger Crisis and the Mortgage Crisis
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Financial crisis is one of the topics that have attracted the interest of researchers in recently. The research focused on the issue of the crisis of the Asian Tigers and the mortgage crisis and comparing them in terms of causes and repercussions. It may meet most of the financial crises in many of its causes, factors, roots and results in the advanced and the developing countries. This crisis has its own pattern and its causes and nature and it is characterized by a crisis of cash liquidity and the collapse of many banks and declare bankruptcy and a sharp decline in stock prices and indices of the stock market and so far the common denominators among the causes but does not mean this There are differences between the financial c

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Publication Date
Sun Dec 27 2020
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
Limitation of liability and reinsurance and its role in increasing production insurance: بحث أستطلاعي في شركة التامين العراقية العامة
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The liability limit liability limit and reinsurance re factors insurance are important in influencing the achievement of company's competitive goals and achieve success and excellence in the market and because the limit of liability and reinsurance aimed to increase output with the stability of inputs leading to increased insurance business and increase profits. The study was based on two variables presidents interact with each other to form the intellectual and philosophical framework has two ( the limit of liability and reinsurance ) . The study was launched from a problem expressed by a number of targeted questions answered from the elucidation of theoretical philosophy and intellectual goals of these variables and highlight the impor

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Publication Date
Mon Dec 23 2024
Journal Name
Imam Ja'afar Al-sadiq University Journal Of Legal Studies
Confronting the holder of the mortgaged property with the authority of the mortgagee in the pursuit
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Publication Date
Tue Oct 31 2023
Journal Name
College Of Islamic Sciences
Legal adjustment of zakat on property prepared for sale
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Praise be to God, who said: {And establish prayer and pay zakat and lend to God a good loan, and whatever good you put forward for yourselves you will find with God. It is better and greater in reward. Ask forgiveness of God. Indeed, God is Forgiving, Most Merciful. May blessings and peace be upon Muhammad, the servant of God, and His Messenger, may God bless him and grant him peace, who said: “Islam is built on five Testifying that there is no god but God and that Muhammad is the Messenger of God, establishing prayer, paying zakat, Hajj, and fasting Ramadan” ().
Now that follows: Islamic law aims to make man happy in this world and the afterlife, starting with faith in God Almighty until the end of the legal obligations. This is

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Publication Date
Mon Jan 28 2019
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
Property Tax and its Effect in increasing Tax outcome: (An applied Research at The General Commission of Taxes)
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The Search stressed on the importance of the role of property tax as a tributaries of the state budget that depend on it to cover the side of public expenditures, along with the rest of the other types of taxes through a review of the tax  framework and tax proceeds and stand on the research problem and its effects, according to the following logic  questions : -

  1. What is the contribution of property tax in the overall tax revenue?
  2. Are there any certain problems in collection of property tax?
    3. What are the factors that lead to a negative impact on the outcome of the property tax?
    4. How do we strengthen the role of the property tax in the overall tax revenue?

   This r

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Publication Date
Sat Jun 01 2019
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
Future trends of the insurance sector in the integration of public insurance companies in Iraq And its impact on the quality of insurance service: Applied Study in the Iraqi General Insurance Company and the National Insurance Company
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     This study research to Showing The impact of the integration process on the quality of Insurance service and analyze the impact financially to determine whether there is any impact on the quality of the insurance service, in addition to identifying the obstacles that impede the merger between the insurance companies, insurance and the appropriate proposals for its' application and benefit from the benefits achieved.

The importance of The study lies in the fact that it is an important and vital spotlight that is becoming increasingly important in the world to confront the various difficulties and crises that have occurred  recently in light of the liberalization of international trade, globalization a

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Publication Date
Sat Jul 01 2023
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
The Impact of the Real Estate Tax in Maximizing Tax Revenues : applied research
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Tax revenues are considered one of the important sources of public revenues for the state as one of the tributaries that finance the public treasury to implement development plans. Real estate taxes are one of the sources of obtaining tax revenues in the state, as it follows that there are a number of factors that affect these revenues, which requires the development of necessary solutions and recommendations to address the resulting effects. Accordingly, this research sheds light on tax revenues in general and real estate tax revenues in particular to indicate the extent of their contribution to the total tax proceeds, as the tax proceeds of the real estate tax were analyzed into the total tax proceeds for the years (2017-2021). A numbe

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