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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 Dec 31 2020
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
Measurement and accounting disclosure of intellectual capital using accounting models in the Iraqi insurance company
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The research aims to shed light on the possibility of measuring the intellectual capital in the Iraqi insurance company using accounting models, as well as disclosing it in the financial statements of the company, where human capital was measured using the present value factor model for discounted future revenues and the intellectual value-added factor model for measuring structural capital It was also disclosed in the financial statements based on the theory of stakeholders. The research problem lies in the fact that the Iraqi insurance company does not carry out the process of measuring and disclosing the intellectual capital while it is considered an important source for the company’s progress in the labor market recently. T

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Publication Date
Sat Sep 01 2018
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
Disclosure of insurance services and its impact: On the performance of companies
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The objective of the research is to identify the nature of voluntary disclosure of insurance services and its impact on the financial performance of Iraqi insurance companies by knowing the relationship between increasing disclosure of financial services and financial performance indicators of insurance companies.In order to achieve this objective, the research was applied to a sample of the Iraqi insurance companies listed in the Iraqi Stock Exchange (Al Amin Insurance Company, Al Ahlia Insurance, Dar Al Salam Insurance, Gulf Insurance, Al Hamra Insurance) and based on their published financial statements (2014-2015) ) And by analyzing the sample lists were connected to the research objectives.The main conclusion of the study is that in

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Publication Date
Sun Sep 01 2013
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
Responsibility of the external auditor to detect the activity result of the public construction companies in accordance with the going concern principle: دراسة تطبيقية في شركة الفاروق العامة للمقاولات الإنشائية
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The audit profession today gets an increasing interest by the financial , economic and legal contemporary societies , because of the importance of the technical & neutral auditor’s opinion to the financial reports beneficiaries in order to enable them making their investment decisions , but some of them whom suffered damage or loss when they made that decisions according to the mentioned financial statements which consolidated with auditor’s report , exposed the function to a responsibility and credibility crisis in addition to missing the trust especially at the latest years. They always ask why or what is the reason that cause the auditor didn’t giving us any warning signs about the economic mater for that companies.

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Publication Date
Thu Jan 04 2024
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
organizational integrity and its impact in avoiding strategic deviations: Applied research in the Iraqi insurance company
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Abstract:

                The aim of the current study lies in showing and demonstrating the effect of the independent variable of organizational integrity with its dimensions represented by (organizational optimism, organizational trust, organizational integrity, organizational sympathy) on the dependent variable of strategic drifts through its dimensions represented by (organizational culture, leadership, innovation, strategic planning) .The analytical descriptive approach has been adopted and the questionnaire has been used as a tool to obtain data and information from the sample of (57) people who are at the administrative levels (seni

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Publication Date
Wed Apr 07 2021
Journal Name
Journal Of Legal Sciences
Substitution as a consequence of liability arising from breach of the promise of preference: A comparative study
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     The judicial transformation led by the French Court of Cassation about the consequence of liability arising from breach of the promise of preference led to the adoption of a new principle، whereby the beneficiary of the promise of preference would substitute with the third party in the concluded contract in violation of his right in preference. This shift، in turn، has been reflected on the legislative situation in France، where the French legislator adopted this principle in the New Contract Law of 2016.        

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Publication Date
Fri Oct 30 2020
Journal Name
Journal Of Economics And Administrative Sciences
Reforming the insurance sector and its role in stimulation gross domestic product in Iraq for the period (2014-2018)
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The main purpose of the research is to demonstrate the importance of the insurance sector in the economy through its role in providing security for all economic sectors and thus stimulating the gross domestic product and reducing dependence on the output of the oil sector, which may expose the Iraqi economy to several problems and imbalances, I have found that there is a great weakness in the role of the insurance sector in Iraq at the level of government, companies and individuals, and the reason for this is the lack of policies supporting the insurance sector and the lack of work in the strategy of economic diversity and the decrease of security awareness by individuals so became Developing the sector to ensure the urgent need

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Publication Date
Sat Jun 30 2018
Journal Name
Journal Inspector General
Some examples of police errors - a comparative study of the scope of civil liability between American and Iraqi laws
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Police play an important role in any society. Where they maintain public order by stopping and deterring crime and bringing criminals to justice. In order to achieve these objectives, they have certain means of law (search, arrest, use of force that may be lethal in some cases). However, such means may be misused in a way that harms members of society such as (Exceeding the Scope of a search warrant, violation of privacy of individuals, False Imprisonment, Excessive use of force, Sudden Deaths in custody, Sexual Assault and Harassment, Failure to respond for Domestic violence calls), which raises the civil liability of police officers and their agencies for such damage. Police officers may even abuse their characteristics even outside offic

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Publication Date
Tue Mar 01 2022
Journal Name
International Journal Of Research In Social Sciences & Humanities
Intellectual property rights and its implications for the pharmaceutical industry in Iraq under accession to the World Trade Organization
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The main risks arising from the WTO Agreement are the inequality and lack of competitiveness of most pharmaceutical goods, as well as the fact that Iraq is a net importer of medicines that are at the core of consumer needs, The subject matter of the Convention on the Protection of Intellectual Property Rights and its implications for the pharmaceutical industry, in particular, coinciding with the situation of financial and administrative corruption, all of which has resulted in drug fraud in the Iraqi market and its impact on public health. The control of medical technology, the persistence of the technological gap and its effects on high price levels, and the fact that domestic drug producers are obliged to obtain production licenses from

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Publication Date
Sun Dec 27 2020
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
Analysis of factors affecting the desire of the customer and their impact on the market share in a competitive market National Insurance Company
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The research aims to identify the factors affecting the customer and their impact desire for market share in a competitive market National Insurance Company, where he was after the tremendous developments that have taken place in the insurance sector, crowded markets, private companies and the intensified competition among those companies on one side and public sector companies, including national insurance company on the other hand, increased attention and study in a big way the customer and the factors influencing the desire. As the national insurance company ascertains its targets once the sale of insurance documents only, but by knowing the tendencies and aspirations of current and prospective customers a way that helps to strengthen

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Publication Date
Wed Jun 19 2019
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
Elements of Promotion Mix and Their Effect in Insurance Service Marketing by Using Factor Analysis Approach: An Exploratory Research foe views of works Sample at the National Insurance Company
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The insurance is considered as one of the sectors that is impact is vital to the national economy and development programs, Insurance companies as financial institutions have an effect an aspects of social, economic as well as the participation of enterprises in compensation for the risk potential losses and individuals, Insurance sector provides insurance service insurance which should be characterized by quality and satisfy  needs and desires of the customer , so the  raise insurance awareness in the community its members and institutions will help in  maintaining the movement of production and service delivery standards, quality sought by the insured to obtain, as well as the development of promotional programs, and use

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