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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
Tue Dec 11 2018
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
Effect of accounting disclosure in the size of the risks or return for portfolio insurance: An applied research at the national insurance company
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This research aims to numerous risks to the portfolio of the insurance company that arise from practicing the activity in general, and the risks arising from insurance contracts in particular, and what is the role of the company in the disclosure to help users (such as owners) to understand and concentration of risks in the financial reporting and identifying movable risks size to reinsurers that may affect the solvency of the portfolio and makes them at a given moment required to fulfill the obligations towards policyholders outweigh the financial capacity, which leads to stumble or bankruptcy.

So I sought this research is to identify the extent of the obligation to disclose the accounting for this risk and the extent of their i

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Publication Date
Fri Dec 01 2017
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
The Roleof Time Management in Stages Claims Settlement of Insurance from Fire: Research Exploratory in General Iraqi Insurance Company and Private Al hamra Company for Insurance
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The insurance activity in the various countries of the world are important indicators of the strength of the country's economy, he came to study the stages compensation insurance settlement against fire and the importance of investing time risk in achieving the payment of compensation speed, and the implications for the continuation of the insured to carry out insurance with the insurance company, whether working within the public sector or the private sector. Hence the research problem in how quickly insurance companies to pay compensation as soon as possible and the return of the insured to carry out its work and make up for what he died from loss. Intentional sample was selected from branches and divisions and Their assistants manager

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Publication Date
Thu Jan 04 2024
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
The Impact of Performance Auditing Process Pursuant to the Programs and Policies Guide in improving the health insurance Prosperity: applied research in the Iraqi General Insurance Company
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Abstract

              The research’s goal lies in demonstrating the impact of the Federal Financial Supervision Endowment through the process of auditing the performance of the entities subject to its audit as to improve the performance of these entities, especially if the performance audit method is one of the newly applied methods that are compatible with the standards issued by the International Organization of Financial Supervision and Accounting Institutions which is the method of auditing performance according to the performance evaluation guide for programs and policies issued by the Federal Office of Financial Supervision.

 T

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Publication Date
Sat Mar 01 2014
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
Alliance insurance companies with the banks to promote insurance services
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       Insurance companies seeking to develop programs to promote and market their services and to increase its customer through the use of modern technical marketing and reduce its dependence on agents and take advantage of work of the banks by alliances with them and including reinforcing get the parties to competitive advantages in the financial market , the insurance services intangible service stops marketed over the insurance awareness and   requires exceptional promotional efforts.                                   &nbs

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Publication Date
Fri Jun 01 2012
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
Effect of risk selection policy for life insurance on the prodectivity of iraqi insurance company
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The life insurance companies need a sound system to use it in selecting Insurable risks so they can avoid or reduce possible losses that may be insured to a minimum levels , But the application within IRAQI INSURANCE  COMPANY reflects that it still depends on a traditional ways in the procedures used to select that risks .

                 This  research represents an attempt to put acceptable suggestions about developing a system for selecting insurable risks which used now by iraqi insurance company by recognizing the risks of life insurance , determining kinds of risks which can difined as normal and upnormal risks , rectification of the

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Publication Date
Wed Dec 30 2020
Journal Name
Revue Africaine D'études Juridiques Et Politiques
Civil Liability of Hotels Towards the Victims of the Terrorist Operations that Take Place in Them
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At a time when any tourist in the world wants a trip to reload his energy and enjoy peace and quiet and engage in adventures in a safe environment, terrorism comes to disturb him on that journey through operations aimed at the tourist and entertainment destinations, such as shops, restaurants, cafes and hotels Is the orbit of research) for many reasons. The security measures taken by hotels play an important and fundamental role in preventing or limiting these terrorist operations. At the same time, while some hotel administrations are constantly seeking to improve these measures to preserve the safety of their guests and visitors, In spite of the high number of attacks on hotels since 2001 and today. This research is intended to highlight

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Publication Date
Fri Jun 01 2018
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
The effect of fraud detection skills in the settlement of Compensatory claims for the fire and accident insurance portfolio: An applied study in the national and Iraqi insurance companies
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The research seeks to identify the impact of fraud detection skills in the settlement of compensatory claims for the fire and accident insurance portfolio and the reflection of these skills in preventing and reducing the payment of undue compensation to some who seek profit and enrichment at the expense of the insurance contract. And compensatory claims in the portfolio of fire and accident insurance in the two research companies, which show the effect and positive return of the detection skills and settlement of the compensation on the amount of actual compensation against the claims inflated by some of the insured, The research sample consisted of (70) respondents from a community size (85) individuals between the director and assistan

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Publication Date
Thu Dec 31 2020
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
Premiums and compensations and their impact on the financial solvency of insurance companies: applied research in the Iraqi General Insurance Company
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The collected premiums and the compensations paid are among the main variables that have a prominent role in determining the level of financial solvency of insurance companies, as the higher the financial solvency of the insurance company, the more attractive it is to the target audience to acquire the company's insurance services.

Hence the importance of the issue of the solvency of insurance companies, as it is one of the critical matters on which the effectiveness of the insurance company and its continuation in the labor market depend.

In this research, we try to clarify the role of collected premiums and compensations paid in determining the level of operational solvency of t

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Publication Date
Sat Jul 01 2023
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
Auditing the technical reserves of the aircraft body insurance branch and its reflection on the fairness of the financial statements : applied research in the National Insurance Company
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The research gained its importance from the importance of technical reserves in the insurance activity and its impact on the result of the activity of insurance companies and their financial position and thus reflected on the insurance prices as the technical reserves are one of the most important and most valuable budget items usually, as well as that the insurance activity has a role in maintaining economic development where some countries develop laws and instructions for the formation of those reserves binding application to insurance companies and the fact that the financial statements in general are of interest to shareholders, banks, the General Tax Authority and other beneficiaries In the insurance activity as policyholders and t

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Publication Date
Mon May 27 2024
Journal Name
Pakistan Journal Of Criminology
The Liability of Maritime Carrier under the Iraqi Transport Law and International Conventions
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Everywhere carriers incur a measure of liability for the safety of the goods. Carriers are liable for any damage or for the loss of the goods that are in their possession as carriers unless they prove that the damage or loss is attributable to certain excepted causes. Damaged and lost items can unfortunately be a common problem when shipping freight. Legal responsibilities arise due to loss or damage during transit while cargo is in their care. This study intends to investigate the nature of the liability of the maritime carrier when this liability is realized, and the extent to which it can be paid or disposed of given the risks realized from the transportation process, which may result in damage or loss of the goods, and the damag

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