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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
Fri Jan 10 2020
Journal Name
Journal Of Legal Sciences
Legal Problems In one person company Limited liability
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The emergence of one-person company as a necessary to cope with the needs of the market and the result of economic development and trade activities and the need for the market for the emergence of many companies and increase the opportunity to work and eliminate unemployment. One person is a turning point because it will encourage many owners of economic activities to establish these companies properly legally, which has an impact on improving the economy in the indicators of global competitiveness and in order to reduce the sham companies, and the development of business Irrigation and investment activities practiced by the various companies have emerged the need for this company, has been e-commerce and its role in small and medium-siz

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Publication Date
Thu Aug 03 2023
Journal Name
Journal Of Legal Sciences
Civil liability of the Bank for Deposits Received: A Comparative Study
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Because bank deposits, whether cash deposits or securities deposits, entail obligations on the bank, it is natural that violating these obligations results in the realization of its civil responsibility, and responsibility in its general meaning is culpability and liability. The source of this obligation was the agreement or the law, and the work of the rules of civil liability is based on the availability of three pillars, which are the error, the damage and the causal relationship between them, and as long as the bank deposit is a contract, the responsibility of the bank in the event of a breach of one of the obligations arising from this contract is definitely a contractual responsibility, but it may be imagined The establishment of t

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Publication Date
Sun Dec 01 2019
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
Analysis of actuarial experience and acceptance of individual life insurance: A case study in the Iraqi General Insurance Company
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This research seeks through the adoption of two basic variables, where he considered the actuarial experience as an independent variable, while the process of accepting the risk and dimensions related to it is a dependent variable, the research was adopted to present the data achieved by the company during the life insurance business during the adoption of actuarial experience at the beginning of its work where Adoption of the historical method in the analysis of those data to prove the researcher's opinion, through the analysis of data (5 years) for the first period, which extends between (1975-1979), the period during which the company adopted the actuarial experience at the time, also taken data for the same dimensions related to the

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Publication Date
Tue Jun 19 2018
Journal Name
Elmofaker Review
Secondary liability for electronic auctions arising from the contribution to trademark infringement
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Despite the global economic downturn, online e-commerce, especially the sale of counterfeit goods, continues to witness a rise in sales, and one of the important players in e-commerce is the owners of e-commerce auction sites. Although they do not have a direct role in trademark infringement, they still consider them indirectly responsible (secondary liability) for infringing on their trademarks. Thus, many cases have been filed by the owners of the original trademarks (which have been infringed by persons who have sold some of the goods and products that are imitating their marks through some electronic auctions) against the owners of those auctions. In view of the international character of the Internet, in different countries, and despit

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Publication Date
Thu Jan 16 2020
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
Security and confidentiality of information and its impact on the competitive performance of insurance companies: A prospective study for the Iraq insurance company and ALhamraa Insurance company (private)
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The security of information represent the available  protection of  information and its component and guaranty the its safety and confidentiality. The absent or lack or stop of security of information and without maximum benefit may lead to lose confidence and make it burden on the company. So we must protect the company and information from the damages which may lead to the frailer of performance and loses of the company and its workers. So the security of information considered one of the potential  and controlling basis to protect individuals and companies from the damages. To insure the security  and confidentiality of information there are delicate,  proper and trusted ways, like FIRE WALL, PASS WORD, SYPHAR

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Publication Date
Fri Sep 30 2022
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
Coordination between real estate and income tax and its impact on the tax outcome: Applied research in the General Authority for Taxes
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The research aimed to demonstrate the possibility of benefiting from the coordination between real estate and income tax as the independent variable on the tax outcome as the dependent variable as the dependent variable. Which were practiced within rented buildings, as information was obtained from real estate owners, and the annual controls for the year 2021 were relied upon in the process of calculating the tax amounts expected to be obtained. used in the tax inventory process lacks seriousness and continuous updating

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Publication Date
Tue Nov 09 2021
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
Murabaha for real estate and its reflection on the profitability of Al-Nahrain Islamic Bank: applied research
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The Islamic Bank of Al-Nahrain offers a formula for financing the purchase of real estate through a deferred sale contract, through Murabaha to the order to buy, and the payment of the price is in the form of instalments that include (the purchase price of the profit and the mutual agreement on the real estate). This research aims to show the reflection of real estate murabaha on the bank's investments, by measuring the effect of real estate murabaha on the profits achieved by the Islamic Bank of Al-Nahrain Bank. The growth of 'real estate murabaha' realized from the 'amounts granted by Bank X, in addition to analyzing the financial ratios of profitability indicators, including (return on deposits Y2) and for the years (2016 - 20

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Publication Date
Thu Mar 01 2012
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
Total Quality Management in Insurance: Companies Field Study in Iraqi Insurance Company
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Total quality management is considered a modern management concept that achieved success in all fields of various industrial and service sectors in advanced countries . One of these sectors is insurance. This concept aims at improving and developing the performance of insurance service continually . It is the gate that can enable radical change in the organization culture inside the company to transform it from using the traditional management style into using the modern style which achieves high quality standard of insurance service . As a result many insurance companies headed to applying the principles of total quality management in their companies . This study aims at raising the standard of the performance of the Iraqi Insurance Com

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Publication Date
Thu Jan 04 2024
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
Marketing commission and its role in enhancing the competitive advantage of insurance companies : Applied research on a sample of Iraqi insurance companies
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Abstract:

                 The research aims to improve the insurance service through the marketing commission as a tool that enables the insurance companies to achieve a competitive advantage. The researcher, by observing the challenges faced by insurance companies, insurance agents and brokers, raised the main question of the research: Is there an effect of the marketing commission on the competitive advantage of insurance companies? The data was obtained through the financial statements and annual reports of the research sample companies (the National General Insurance Company, the Iraqi General Insurance Company, Al-Hamra Private

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Publication Date
Tue Jan 18 2022
Journal Name
Materials Science Forum
The Crystallite Size Dependence of the Transmittance Property of Vanadium Dioxide Nano Films
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Bruggeman's symmetric effective-medium model of vanadium oxide is introduced, in which the transmittance was studied because of its importance in the subject of smart windows, it was studied from ( 5 nm-1000 nm) for each of the regions of the electromagnetic spectrum, the ultraviolet and visible region, and the near and medium sub-regions of the infrared and the results showed that the importance of studying the transmittance of vanadium oxide as a good candidate For this kind of industries. Our results showed that the small sizes of the material guarantee an almost constant and high transmittance to the visible region; this is due to the agreement of the direction of the dipoles in the material with the direction of the internal el

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