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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
Wed Feb 10 2021
Journal Name
Journal Of Legal Sciences
The Civil liability of tobacco companies for smoking damage
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     Tobacco products of all kinds are harmful to public health, so legislation has paid great attention to regulating the process of tobacco production and distribution, whether at the level of national or international legislation, in a way that achieves legal protection for these products, so the establishment of civil liability for tobacco companies as a result of harm to the smoker The positive and the negative provoked a jurisprudential dispute due to the specificity of the work of these companies, and the jurisprudence differed in the legal nature of tobacco companies ’liability between contractual and tort liability in a way that enables the injured smoker to obtain his right to compensation.

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Publication Date
Tue Dec 22 2020
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
The causes of the fire and its impact accidents compensation insurance companies: Applied Research in a sample of the general insurance companies
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      The subject of the evolution of fire insurance of the hottest topics accidents, because it falls within the commercial insurance, as its importance is reflected for being a security source and contentment of the insured person and so it is worth pointing out the importance of fire insurance in enterprises and organizations of all kinds, because of the guarantee of its assets from meridian as well as protection from the effects of the fire therefore ensure continuity in the performance of their activities

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Publication Date
Thu Mar 21 2019
Journal Name
Journal Of Legal Sciences
The economic tortuous liability in English law. A comparative study with the illegal competition in the Iraqi law
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The economic tortious liability in the English law is based upon economic Torts are considered as a type of the ancient and deep-rooted torts, aiming at breaching the rules of legal and equitable trade competition. and which are included in the customary English law of torts, based upon the judicial precedents decided by English courts. It is worth-bearing in mind that the economic torts are classified into two main types.  That is to say, the general economic torts and the misrepresentation economic torts. Whereas the Iraqi legislator left the regulation of the illegal competition to the general rules of the delictual liability in the Iraqi civil law No. (40) of 1951.

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Publication Date
Fri Apr 02 2021
Journal Name
Journal Of Contemporary Issues In Business And Government
The effect of developing insurance marketing methods on performance of insurance companies (An applied research in the two Iraqi general and national insurance companies)
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Publication Date
Sun Dec 01 2019
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
Underwriting policy and its impact on the productivity of the life insurance portfolio: Analytical study in the "Iraqi General Insurance Company
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The research aims to study the basic concepts of the underwriting policy with its various indicators. The researcher studies the underwriting policy with its various indicators (sex, health status, age of the insured, insurance amount, The method of acceptance, payment method, and duration of insurance) where each of these indicators constitute an important factor in the productivity of life insurance policies, where the productivity of life insurance policies face many difficulties because insurance is a service and not a tangible material commodity and its benefits and not current. Therefore, the life insurance company needs to use a prudent underwriting policy so as not to endanger its financial position due to the expansion of the un

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Publication Date
Sun Feb 03 2019
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
Activating the Role of Fidelity Gruantee Insurance Policy to Ensure the Rights of the Beneficiaries: An Applied Research in National Insurance Company
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This research set to indicate the role of the opportunity cost in the overall economic development (human and social development) by selecting the most appropriate alternative for the growth of the country in exchange for sacrificing profit limits to achieve this growth and development of the country, especially in the present circumstances of the country and after studying the reality of the economic case for him, as the problem lies with don't selecting the best alternative that enhances the gross domestic product, which extends to promote overall economic development and revive the industrial and agricultural sectors, productivity is more like Impotent, versus sacrifice alternative consumption may bring more financially lucrative than

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Publication Date
Wed Sep 30 2020
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
The strategic recovery of the insurance service and its reflection on achieving the strategic goals: research My application in the National Insurance Company
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The research topic dealt with the strategic recovery of the insurance service, which is one of the approaches that have an important role in providing solutions and remedies for the recession that affects companies and hinders them from achieving their strategic goals. The research also addressed the strategic objectives of the company as the rationale and actual guide for companies of all activities in order to protect their systems from deviation for its desired purpose. So the aim of the research is to demonstrate the repercussions of the strategic recovery of the insurance Service represented by (compensation, speed of response, apology, initiative (identifying the problem). The company's strategic goals are represented (prof

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Publication Date
Mon Jan 01 2018
Journal Name
Journal Inspector General
Civil Liability of SWAT Units in US Law
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It is necessary for police agencies both in the United States and elsewhere in the world to have rapid intervention units that carry out special tasks that regular police cannot handle, such as carrying out search warrants and arresting dangerous criminals, Armed robbery, release of hostages, terrorist incidents, mentally disturbed persons, and other special missions. They are supposed to be well trained, highly self-confident; working together, self-disciplined, and use the force to deal with the special situations they may face. Either there have been many cases in the United States of America against members of these units, personally or against the agencies, they work in because of excessive use of force in many cases that have been use

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Publication Date
Sat Jul 01 2023
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
The role of insurance policy in facing banking risks
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The concept of insurance policy is one of the concepts that expresses a way to face the risks that a person is exposed to in the field of his life. It is a system that involves a prior agreement between two parties through which the risk is transferred from the second party (the insured) to the first party (the insurer) in return for paying an amount Calculated was able to cover the potential loss according to certain percentages agreed upon between the two parties, and that the main goal of any scientific analysis of the risk is to choose the most appropriate policy or method to confront it, by identifying the risks and ways to address them, and the main goal is to reduce losses and limit the possibility of their occurrence.

In

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Publication Date
Mon Jul 04 2022
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
The role of agricultural insurance in the prevention of financing risks in the form of slam : "An Empirical Study on Shikan Insurance and Reinsurance Company
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The aim of this research is to introduce agricultural insurance, to define financing in the form of salam and the role of agricultural insurance in the prevention of risks to agricultural finance operations in the form of salam by verifying the hypotheses through which to reach the results, including the imposition of risks for agricultural finance in the form of salam, The study of agricultural finance in the form of salm, the deductive approach to the development of the problem of research and hypotheses, and the inductive method to extrapolate the results through analysis and brother The researcher concluded that agricultural insurance works to bridge the risks facing agricultural finance in the form of the ladder in cases of

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