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مشروعية الاندماج المصرفي في القانون العراقي

            The legality of banking merger is related to the impact that the merger process has on competition in the market. A merger (as one of the forms of economic concentration) can affect future competition or be misused to achieve purposes contrary to free and fair competition. Therefore, controlling economic concentration processes, including mergers, It would contribute to maintaining the spirit of competition between banks and achieving the greatest benefit from them on the one hand, and to avoid their damages on the other hand.

 

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Publication Date
Fri Sep 02 2022
Journal Name
Journal Of Legal Sciences
The legality of the use of cyber-attacks in international conflicts and international responsibility for them

The emergence of the computer and the expansion of the use of the Internet in all areas of life The various negative effects and risks arising from this expansion will appear, as the greater the reliance On these technologies in development, the greater the risks associated with protecting information, and with increasing Global reliance on information and communication technology, especially with regard to the governmental aspect Countries are vulnerable to attacks through cyberspace, as it has become and public facilities, it has also increased This space is vulnerable to violations by network intruders, whether they are countries, organizations or individuals. Hence, it has become necessary to research the legality of using this type

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Publication Date
Mon Jan 01 2018
Journal Name
Al–bahith Al–a'alami
The Communicative Integration in New Media: Building a Communicative Model

The internet, unlike other traditional means of communication, has a flexibility to stimulate the user and allows him to develop it. Perhaps, the reason for the superiority of the internet over other traditional means of communication is the possibility of change and transmission from one stage to another in a short period. This means that the internet is able to move from the use to the development of the use and then the development of means and innovation as the innovation of the internet is a logical product of the interaction of the user with the network. The internet invests all the proposals and ideas and does not ignore any even if it is simple. This is represented in social networking sites which in fact reflects personal emotio

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Publication Date
Thu Jun 15 2023
Journal Name
Journal Of Legal Sciences
The Reliance Damages for Depending Upon the Contract - An Analytical Comparative Study with the Iraqi Civil Law

The reliance damages for depending upon the contract are considered as a type of damages arising from the breach of the contract, which are included within the common law remedies for the damage and loss suffered by the non-breaching party. It is worth-bearing in mind that the reliance damages are monetary in nature, and different from such equitable remedies as the specific performance and the injunction which are of real nature. It is to be noted that this piece of research is dedicated to study the concept of the reliance damages in the English law, as well as their states, the judicial doctrines upon which this type of damages is based, and the manner how the courts estimate them. Compared with situation of the Iraqi civil law No. (4

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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

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
Wed Jun 15 2022
Journal Name
Journal Of Legal Sciences
Catering Contract of Restaurants in the English Law. A Comparative Analytical Study with Iraqi Civil Law

The Catering contract is considered as a type of hospitality contracts in the English common law of customary origins. Which is unwritten and based upon judicial precedents of the English courts. It is a complex contract of mixed nature، Is Regarded as a contract for the sale of meals of food and drink،, and is considered as a contract for supply of services concerning the preparation of food and drink، for providing them to the customer، as well as being a bailment contract. It is worth-bearing in mind that this contract is subject to the rules of three important English legislations: The Sale of Goods Act 1979، The Supply of Goods and Services 1982، The Consumer Protection Act 1987، and The Consumer Rights Act 2015. It is also w

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Publication Date
Sat Jul 06 2019
Journal Name
Journal Of Legal Sciences
التجاوز على المرافق العامة في القانون العراقي (بحث ميداني ضمن حدود أمانة بغداد)

   position The problem of the deterioration of public utility services belonging to municipal departments and frequent abuses, located on one of the biggest problems of the Iraqi citizen, the show in the capital Baghdad is more than other provinces, and that was a weakness of state authority secretions and mismanagement that resulted in weakness in the performance of Municipal districts of the provisions legislated legal protection to keep public money.

The researcher reached to the existence of a number of gaps in the municipal legislation, Iraqi legislator was not in a number of successful legislation to preserve the sanctity of the public interest, Some texts have been wasted society's right of reprisal against the

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Publication Date
Wed Feb 10 2021
Journal Name
Journal Of Legal Sciences
The Contracts in Restraint of Trade in the English Law. A Comparative Study in the Iraqi Law

The contracts in restraint of trade are considered as void contracts according to the English common law, that is to say, they are prima facie void. Because their voidness is presumed and based upon a rebuttable presumption that these contracts are contrary to the public policy in principle. Owing to the unreasonableness of the  Restraint of Trade conditions or terms in which they are included. But if it is proved that they satisfy the requirements of reasonableness, in accordance with the contracting parties, and both the temporal and spatial extent of their coming into effect, as well as the public interest. The court will validate them. It is also worth-bearing in mind that this type of contracts fall under contracts void at comm

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Publication Date
Tue Dec 21 2021
Journal Name
Journal Of Legal Sciences
The legal system of found property- An analytical study in the English law with the Islamic jurisprudence and the Iraqi civil law

The legal system of found property is considered as a reason or method of preliminary acquisition of ownership, as well as two other reasons, that is to say, the fixture of personal chattels, and the adverse possession, resting on the principles of equity, and included within the English common law of customary origins, which is unwritten and based upon judicial precedents of the English courts, equity and later legislations. It is worth-bearing in mind that the found property is the lost property on which the finder enjoys more rights than all other people, except its original owner. It is also worth-mentioning that the treasure trove is considered as found property in the English law. and it is any object at least 300 years old when fo

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Publication Date
Sat Feb 09 2019
Journal Name
Journal Of The College Of Education For Women
Community Structure of South Sudan state and its impact on national integration

South Sudan is known by its tribal and racial variation .Tribal Perception represents the
procedure of dealings in Southern society .And that what make Sudan as a stable country that
suffer from divisions . Everybody wants to rule in spite of his inability and un qualification
which enables the establishment of an urbanized country .the frustration of the state in
handling the interior variety on religious, tribal and racial basis and contracting national
ideality in spared by shared ingredients between gathered groups in one state, all these reasons
make it hard to create a united national identity which is able to unite atheist and religious
parties together. Due to this ,the study is established to clarify the nat

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Publication Date
Fri Dec 14 2018
Journal Name
Journal Of Legal Sciences
Abuse of power is a defect of will in English law A comparative study of Iraqi law

Undue influence is considered as a vitiating factor or defect in English law. It is a dominating influence, with which the ascending party enjoys, and which enables him to exert an illegitimate pressure on the unduly influenced weaker party, in order to induce, or force him, to conclude a contract and enter into a transaction, against his will. It is also worth-bearing in mind that the doctrine of undue influence is an equitable one, originating from the rules of equity, applied by English courts of equity, and by which these courts set aside unconscionable bargains, in which one party is in a position to exploit the weakness of the other.  It is also worth-mentioning that this doctrine has been included in the English common law. W

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