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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
Wed Oct 07 2020
Journal Name
Journal Of Legal Sciences
The extent of the legitimacy of international intervention for humanitarian considerations within the framework of the principle of inadmissibility of the United Nations interference in the heart of the internal authority of states

The international humanitarian intervention regardless its legitimacy and illegitimacy aims at using the armed and unarmed force to Protect the rights of the human being and his/ her fundamental freedom when heavy violations may occur for these rights and the interferences features and their development appeared during the period that happened after the cold war as well as the establishment of the new international system the is based on the respect of the human rights to achieve the global peace and security.

The international practices proved that the international humanitarian intervention which have been practiced do not rely on any legal justification and sometimes it forms assault against the states' rights and their intern

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Publication Date
Sat Apr 10 2021
Journal Name
Journal Of Legal Sciences
Time of Transmission of the loss in international sales Study accordance of Iraqi law& un convention on contracts for the international sale of goods (Vienna 1980)

This study deals with the topic time of transmission of loose international sales، which is defined by the Vienna Convention on the International Sale of Goods as "passing of risk"

As a basis for "the transfer of liability from the seller's custody to the buyer's guarantee. This expression was adopted by the legislator from the Islamic jurisprudence, which is in an acceptance interview in the real estate legislation. The arrest does not require that the actual possession of the goods has actually been done by the buyer. On the face of the buyer can be caught without a hail, and the Iraqi Trade Law No. 30 Of 1984, the provisions of the Transfer of Liability in International Sale were codified، and its provisions were quoted from

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Publication Date
Sun Jul 07 2019
Journal Name
Journal Of Legal Sciences
المسؤولية المدنية للمصرف عن الاخلال بقواعد الاستعلام المصرفي

    As a result of the important role played by the banks as institutions contribution and effective in the management of economic activity,they are committed through the operations and activities of the queries for clients, and this is what makes them has extensive information about their customers of their activities, as well as information concerning its terms require success in this the role to be decisions catchment for safety features and precautions taken to avoid caffeine what faced the risk of, and be a distinctive destination for customers and businessmen who are trying to get the financial and banking information held by. But the breach makes the bank civilians responsible for the damages sustained by the custom

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Publication Date
Thu Dec 01 2011
Journal Name
Journal Of Economics And Administrative Sciences
Measurement of Impact of Banking System Development on Economic Growth in Iraq

At the heart of every robust economy is a vital banking system. The functional banking system can effectively perform several functions such as mobilizing savings, allocating credit, monitoring managers, transforming risks, and facilitating the financial transactions. This paper aims to measure the impact of banking system development on economic growth in Iraq. Credit to private sector divided by GDP used as a proxy of banking development. Real per capita GDP used as a proxy of economic growth. By using Autoregressive Distributed Lag (ARDL) model, the paper finds that the undeveloped Iraqi banking system could not promote economic growth in the country. Therefore, a variety of policies need to be taken to spur the role of bankin

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Publication Date
Wed Jun 15 2022
Journal Name
Journal Of Legal Sciences
The Tort Caused by the Transmission of Coronavirus Infection (A comparative study)

The English judge while dealing with the contractual breach، takes into account an aim that the legal solution he makes consistent with justice. Such concept allows the judge to order for the specific enforcement of the debtor’s contractual obligation if the compensation was not a sufficient remedy to redress the damage resulting from that breach. However، the conditions imposed by the rules of justice and the impediments that make the technical scope of this remedy very limited in the positive aspect. And modest in his negative one '' injunction''. Despite of its complementary function among the remedies for contractual breach، specific enforcement in English law may affect legal consequences because of its unique nature، some of

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Publication Date
Tue Dec 21 2021
Journal Name
Journal Of Legal Sciences
The impact of the Corona pandemic on the banking customer In the commercial loan contract

The Corona pandemic affected all different areas of life, as the world is facing a challenge at the present time as a result of the Corona pandemic and the economic turmoil it left behind, and many countries have tended to address the economic effects of the Corona pandemic by resorting to borrowing internally or externally to cover their needs.

The activity of banks is affected by many things, including, and the research aims to solve the problems related to the commercial loan contract in light of the crises, and that the initiatives that many countries have followed call to reduce the harm inflicted on citizens, such as economic burdens, by postponing installments in light of the crisis and postponing all credit dues to banks

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Publication Date
Thu Apr 30 2020
Journal Name
Journal Of Economics And Administrative Sciences
Econometrics of the impact of financial inclusion on banking stability in Iraq

        Financial inclusion refers to the access of financial services at low cost and high-quality from the formal financial sector to all segments of society, especially marginalized groups, and then use and benefit from them. Financial inclusion is also associated with banking stability, as well as with financial integrity and financial protection for the consumer, therefore, it achieves a number of objectives, the most important of which is to support and enhance banking stability. This is what made it attract the attention of many countries and central banks recently.

     The study aims to show the impact of financial inclusion indicators on ban

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Publication Date
Wed Oct 17 2018
Journal Name
Journal Of Economics And Administrative Sciences
Towards measuring the aggregate index of banking stability in Iraq for the period 2010 -2016

Abstract:

    The paper aims to measure an aggregated banking stability index reflecting the degree of stability of the banking system to help policy makers to take the necessary actions to avoid financial crises facing banks and to achieve a banking system with high efficiency in terms of banking risk.

    Therefore, the problem of paper is that the Central Bank of Iraq did not seek until 2016 to build a aggregated index for the purpose of identifying the stability of the banking situation in Iraq, but rather on the adoption of scattered indicators, which depend on the mechanism of relative changes in those indicators for the purpose of identifying the situation of b

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Publication Date
Sun Dec 01 2019
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
دراسة حالة: Case Study

The purpose of this research is to demonstrate the impact of deposit insurance to reduce banking risks, as banks in various countries of the world face a variety of risks that led to banking and financial crises that led to the failure and bankruptcy of many of its bank, which led to the banks to find quick and appropriate solutions to get rid of these difficulties These solutions include the use of bank deposit protection system for the many risks and sequences of crises that accompanied the Iraqi banking work of thefts, forgery, embezzlement and changing and unstable circumstances. The importance of studying the subject of research through the theoretical framework of banking risks as well as the framework of consideration In order to

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Publication Date
Thu Aug 03 2023
Journal Name
Journal Of Legal Sciences
Superiority of Peremptory Norms in Public International Law

International law has proven that it is an evolving and flexible law over the years, and despite that, this development takes a very long time, as the concept of peremptory norms took 83 years to crystallize and have concrete and impactful applications, and within this development another modern concept emerged, which is the obligations Erga Omnes in the Barcelona Traction case 1970. We have concluded that these two concepts fall under a broader concept, which is peremptory norms, and this concept represents the common supreme interests of the international community, and consists of rules that transcend all other rules in international law, and it is not permissible to derogate or deviate from them. On the other hand, it bears the oblig

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