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Obligation To Ensure Safety In Organized Trip Contract comparative study with the French and English laws

     This research raises the issue of the obligation to ensure safety as the most important obligation of tourism and travel companies in the organized trip contract، which is why a tourist chooses this type of trip، If the tourist aims for entertainment and pleasure، he seeks to be sponsored by the organized company to ensure his safe and healthy return home without any damage ، particularly physical damage  ، Although this commitment is important، it has not received the attention of the Iraqi legislator، so this research is based on an analytical  comparative based on Egyptian and French law as well as English law  ، The legislative experience of these States، as well as the views of the opinions of jurisprudence and  court judgements  have been presented، concluding to the need for Iraqi legislation regulating travel contracts in general and the obligation to ensure safety in particular because of its importance.

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Publication Date
Wed Apr 07 2021
Journal Name
Journal Of Legal Sciences
Legal basis of the innkeeper obligation to ensure the physical safety of the guest in Iraqi and Egyptian law: A comparative study with the French and English laws

The legal basis for the obligation of the innkeeper to ensure the safety of things does not pose any problem, because the comparative legislation was organized by explicit legal texts, but the problem arises with regard to the legal basis of the innkeeper's obligation to ensure the physical safety of the guest, as these legislation lacked explicit provisions about it, and left the organization of the general rules, which Open the door to jurisprudence, where the foundations laid by the jurists, within the scope of civil law, unlike the English legislator, which organized it as a general duty in the landlord law of 1957, and some consumer protection laws implicitly referred to the obligation of the innkeeper To ensure the safety of the bo

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Publication Date
Tue Mar 19 2019
Journal Name
Journal Of Legal Sciences
The Legal Nature of Exception of Contract Non-Performance In The French Civil Code "Comparative Legal Study: Comparative Study

The exception of contract non-Performance represents an important mechanism in the implementation of obligations. It enables a contractor to refrain from implementing its obligation until the other party has fulfilled its obligations. It is a means of defense, pressure and guarantee of its rights. It is stipulated in articles 161 of the Egyptian Civil Code and Article 123 of the Civil Code While it was not provided for in the French Civil Code except after the issuance of Order No. 2016-131 on the reform of the system of contracts and public order and the establishment of obligations in articles 1217, 1219 and 1220 thereof. These texts, although they did not show the basis on which the exception of contract non-Performance, leaving this

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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
Mon Dec 25 2023
Journal Name
Journal Of Legal Sciences
Provisions for annulment in a reconciliation contract : A Comparative Study

First of all, The annulment raises scientific and practical problems that reflect its peculiarity, as it relates to how the judge faces the dispute in a case in which reconciliation between the litigants took place, and what can be attributed to the judge’s judgment in this regard, whether that estimate is related to the factual elements in the case or the objective elements and their approach With the circumstances surrounding the dispute, and considering the possibility of applying the provisions of annulment established in the general rules, which is not easy in all cases due to the special nature of annulment in the conciliation contract, it is necessary to clarify the role that the judge plays, and his use of his legal tools that

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Publication Date
Thu Aug 03 2023
Journal Name
Journal Of Legal Sciences
Defence by Deprivation in the Personal Sponsorship Contract : A Comparative Study

The payment of stripping is more prominent than the defenses that the personal guarantor can hold against the creditor; In order for him to maintain the financial guarantee, and the guarantor derives this payment from the personal guarantee, i.e. not a connection with the guarantee. Your educational tutorial, environmental protection plans, environmental protection plans, environmental protection plans, environmental protection plans, Guaranteeing him to pay the guarantor towards the creditor by stripping the money burdened with in-kind insurance as security for the debt he is guaranteed; If this insurance was prior or contemporary to the personal guarantee, and what distinguishes this special form of payment by abstraction from the gene

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Publication Date
Wed Oct 30 2019
Journal Name
Journal Of Legal Sciences
The Rule of Privatization in its legal concepts in Iraqi Legislations – Comparative Study with French Legislations

States seek to regulate their economic and financial life to ensure their survival and their continued performance of the tasks entrusted to them in the organization of public facilities and ensure their progress in order to ensure their provision in the provision of public services to their peoples. These countries may follow new economic policies that were not addressed in advance, including the policy of privatization, To put the constitutional and legal provisions governing this economic policy in contradiction to the principles of legality and legitimacy is in the performance of its work, so the search has revealed the rule of privatization as an economic policy in the Iraqi legislation compared to the French legislation for the pur

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Publication Date
Mon Sep 02 2019
Journal Name
Journal Of Legal Sciences
Parts of hire contract to supply specific software: Comparative Study

The aim of this study is to know the capability of the Iraqi system law, to organize contracts of supplying software especially the contract of designing or developing software, according to the requirements of somebody. The  specific software features than typical software, where the later imported as a goods, while the incoming contract to designing or developing specific software represents employment contract, in this case leads to a complicated problems of the type of contract, the later contract may interact with sale contract and lease contract. Hire contract applies to the contract of this study, where supplier to these software is contractor and the person who designed the required software, as a result this study can be di

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Publication Date
Sat Dec 24 2022
Journal Name
Journal Of Legal Sciences
The Privacy of the Insurance Contract for Self-Driving Cars: A Comparative Study

Developments in self-driving car technology have already begun to disrupt car manufacturing and insurance considerations. Likewise, new questions have arisen, especially if we know that their damage may be technical, so the technological error may also need to be considered with driver error, so these phenomena began to spark ideas. New information about who bears the risk, how insurance takes place, and the extent to which personal data is compromised when viewed by insurance companies.

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Publication Date
Fri Dec 14 2018
Journal Name
Journal Of Legal Sciences
Amended Agreements of medical liability Comparative study between UAE and English law

 The study attempts to focus on the organized agreements of medical liability, after frequent use experience of these agreements, which come often either exempt civil liability or limit, which making the Researcher to submit the study to the light of the laws of the UAE and the law of English, to be collected in the final recommendations to guide the Legislature of UAE according to the Law of Medical Responsibility 2016.

The search consist of two main themes, dealt in the first section with the application of the terms of the exemption or limitation of responsibility in the general rules, and comparing with the agreements of Medical Responsibility, the second section focused on items that emphasize Medical Responsibility, be

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Publication Date
Tue Dec 24 2019
Journal Name
Journal Of Legal Sciences
Economic Duress and its Effect to the Contract under English and Iraqi Law

English law, unlike many Anglo-Saxon laws, has adopted the doctrine of economic duress delayed. Under this doctrine, the contractor who has entered into a contract as a result of an unlawful pressure that threatens his financial or commercial interests may rescind the contract on the grounds that the contract was concluded under economic duress which make the contact voidable. More than forty years have passed since the adoption the economic duress doctrine in English law, however, there are still some issues remain controversial. Is the Lawful Act duress economic duress?

Iraqi Civil Law did not explicitly regulate the doctrine of economic duress. However, the Iraqi authors when explain the rules of duress under this law indicate

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