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The theoretical framework for the criminalization and punishment within the scope of government contracts A study of Iraqi law: دراسة في القانون العراقي

The contract valuable by itself cannot be a source of punishment, but the legislator penal has estimated the seriousness of the breach of some contracts entered into by the official bodies or government with each other or with third- party view of the consequent adverse effects on the administration itself and the beneficiary citizen of the commodity or service  subject of the contract therefore the legislator criminalizing bribery, fraud ,forgery and illegal use of contracts or compromising the freedom and safety of bids or tenders abuse of public office intent to damage public or private interest accordingly , this research deal with for the theoretical framework criminalization and punishment within the scope of government contracts in the three demands , first we assigned to the definition of government contracts and the second substantive provisions of the criminalization and punishment, and the third we assigned to the procedural provisions according to the light of Iraqi laws relevant actions and irregularities with criminal intent or with error positive for liability and penalty then we finished conclusion contained a number of recommendation .   

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Publication Date
Thu Feb 11 2021
Journal Name
Journal Of Legal Sciences
The policy of criminalization and punishment in the labor law

The labor code is one of the laws that contain special criminal provisions, in which the legislator adopted a special penal policy in view of the nature of the protected interest or in view of those who addressed its provisions. We stipulated a series of labor crimes and arranged criminal penalties for them. The most important of these crimes is the description of misdemeanors or offenses. The penalty is either imprisonment or fine. it is noted that the Iraqi labor code no. (37 ) of 2015 did not adopt a general theory of criminalization and punishment ,but its penal provisions were scattered in the folds of the law .the criminalization of most of its provisions did not meet with the penalty law Iraqi penalties no(111)of 1969 ( which stip

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Publication Date
Sun Sep 01 2019
Journal Name
Journal Of Legal Sciences
Government Hospitals lease contract for the private sector In Iraqi law

The contract for iease public hospitals to the private sector is one of the administrative contracts in which all the elements of the administrative contract are available. It is signed by the administration represented by the Minister of Health. It is presented to a public hospital which is one of the public facilities that provide medical services. The Ministry of Health may also apply to the Leased Hospital. It may also amend the contract in accordance with the public interest, in addition to the possibility of dissolving the contract without recourse to the courts in case the tenant violates the terms of the contract, The State resorted to it in the event that it is unable to provide medical services within the required range, as it

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Publication Date
Wed Dec 29 2021
Journal Name
Journal Of Legal Sciences
Penalty for breach of responsibility for negotiations in government contracts: Comparative Study

Negotiations in administrative contracts represent an important preparatory stage in which discussions and discussions between the administrative authority and the party wishing to contract with them will be held on one of the issues related to the contract to be concluded whereby the different views of the parties of the contractual relationship are brought together to exchange or achieve common interests.

The importance  of negotiations in administrative contracts and their significant and effective role in protecting state funds. The inadequacy of Iraqi legislation in the development of an integrated legal framework for this important phase, and the many problems that appear in this stage before the conclusion of the cont

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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
Thu Dec 31 2020
Journal Name
Revue Académique De La Recherche Juridique
جريمة التنمر الإلكتروني ( دراسة في القانون العراقي والأمريكي)

في عالمنا الحالي الذي أصبح أصغر بواسطة التكنولوجيا، ولدت معه مشاكل العصر الجديد. مملا شك فيه أن التكنولوجيا لها فوائد كثيرة الإ أن لها جانبا سلبيا. إذ مكنت الجناة من تطوير أساليب إرتكاب الجريمة ومنها جريمة التنمر الإلكتروني التي أدت إلى إساءة استخدام تكنولوجيا المعلومات بقصد مضايقة الآخرين وإنتهاك خصوصياتهم والتلاعب بهم ومضايقتهم فضلا عن تشويه سمعتهم. تعد هذه الأعمال العدائية مدمرة بشكل خطير ويمكن أن تؤثر

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Publication Date
Tue Dec 01 2009
Journal Name
Journal Of Economics And Administrative Sciences
Analysis of the theoretical framework of the REA accounting model Used in the design of accounting information systems

Researchers often equate database accounting models in general and the Resources-Events-Agents (REA) accounting model in particular with events accounting as proposed by Sorter (1969). In fact, REA accounting, database accounting, and events accounting are very different. Because REA accounting has become a popular topic in AIS research, it is important to agree on exactly what is meant by certain ideas, both in concept and in historical origin. This article clarifies the analyzing framework of REA accounting model and highlights the differences between the terms events accounting, database accounting, semantically-modeled accounting, and REA accounting. It als

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Publication Date
Wed Jul 28 2021
Journal Name
Journal Of Legal Sciences
The Quasi-Contract in the English Law. A Comparative Study with the Unjustly Paid in the Iraqi Civil Law

Quasi-contract is considered as one of the well-established legal systems of the English Common law of customary origins, which is unwritten and based upon judicial precedents of the English courts. It is worth-bearing in mind that the legal basis of quasi-contract passed into two different stages: in the first stage the English judicature, supported by some juristic opinions regarded it as an implied Contract made by courts to prevent one party from being unjustly enriched at the expense of the other. Whereas in the second stage the English judicature considered it as an independent source of obligation، based upon the law of restitution. and having nothing to do with the law of contract. The Iraqi civil law No. (40) of 1951 regulated

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Publication Date
Thu Mar 21 2019
Journal Name
Journal Of Legal Sciences
The economic tortuous liability in English law. A comparative study with the illegal competition in the Iraqi law

The economic tortious liability in the English law is based upon economic Torts are considered as a type of the ancient and deep-rooted torts, aiming at breaching the rules of legal and equitable trade competition. and which are included in the customary English law of torts, based upon the judicial precedents decided by English courts. It is worth-bearing in mind that the economic torts are classified into two main types.  That is to say, the general economic torts and the misrepresentation economic torts. Whereas the Iraqi legislator left the regulation of the illegal competition to the general rules of the delictual liability in the Iraqi civil law No. (40) of 1951.

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Publication Date
Fri Jan 10 2020
Journal Name
Journal Of Legal Sciences
The Doctrine of Good Faith in English Law Acceptation or Rejection: دراسة في ضوء احدث القرارات القضائية الانكليزية

This article considers the doctrine of good faith in English law of contract. It analyses the different decisions of courts and the opinions of scholars and assesses whether good faith is general doctrine in English law of contract or not? It has been found that there is traditional English hostility towards a doctrine of good faith. However, in the last six years, a judicial trend, supported by some English scholars, has begun to argue that the principle of good faith should be adopted in the law of contract. This trend tries to implication contracts the duty of good faith as a implied term.

The recent attempts of the Judge Leggatt and subsequent judicial decisions that have adopted his approach, although not yet reached its goa

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Publication Date
Thu Aug 31 2023
Journal Name
Journal Of Legal Sciences
Enshrine the Principle of the Common Heritage of Humanity Within the Framework of International Law

The international community began to realize, following the discovery of  vast wealth in areas that fall outside the territorial limits of states sovereignty, that the huge difference in scientific and technological development between developed and developing countries may give developed countries the opportunity to exploit these wealth, and this, in turn, will lead to a widening gap between countries, developed and developing countries, and the consolidation of the principle of inequality due to the lack of third world countries with the capabilities that allow them to participate in the exploitation of these wealth, and when these concerns came to the fore in the United Nations General Assembly in 1967, Ambassador Arvid Bardo, th

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