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Jurisprudence and its controls : A Comparative study
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    Judicial jurisprudence is one of the important legal solutions to address the shortcomings of legislation. Throughout its long history, human societies have known many cases in which the judge finds himself facing a legislative vacuum in addition to civil legal texts that are difficult for the judge to implement due to ambiguity or contradiction, which requires diligence. To rule on resolving disputes before him in order not to deny justice, but the judge in his jurisprudence was not absolute, but rather bound by certain controls represented by observing the wisdom of legislation on the one hand and taking into account the nature of the texts on the other side, and from here this research came to shed light on the jurisprudence and its controls ...

We have reached a set of recommendations, the most important of which is the need to amend Articles (1) and (2) of the Iraqi Civil Code, as well as a set of recommendations that we have mentioned in the course of the research, which we hope the legislator and judges will pay attention to.

 

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Publication Date
Wed May 29 2019
Journal Name
Journal Of Legal Sciences
The Methodology of UAETrans Civil Actions Law Concerning Tort: An Analytical Comparative Study in Islamic Jurisprudence
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This paper deals with the position of the UAE Civil Transactions Law No. 5 of 1985 on the harmful act and how it dealt with this subject, and we know that the direct historical source of the civil transactions law is the Jordanian Civil Code. Some texts are quoted literally from this law. The Jordanian civil law is clearly influenced by the jurisprudence of Hanafi and the jurisprudential jurisprudence, while the general orientation of the UAE legislator is to adopt the most appropriate solutions in the jurisprudence with the introduction of the Maliki and Hanbali and Hanafi and Shafei, in the absence of legislation to rule the matter, the authors of the law The United Arab Emirates have changed some of the texts passed on to the Jordania

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Publication Date
Tue Jun 14 2016
Journal Name
Al-academy
Idealism and Realism in The Design: A Comparative Study
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At the beginning of the twentieth century distorting handling totalitarian phenomena of art, which can be called the stage of the test, transition from the theory of ideal theory and other realistic is not cushy, since it requires vision and reading and other concepts, and in light of this dialectic manifested research problem by asking the following Is affected by the design idealism and realism. Through the above mentioned questions, the researcher found rationale for addressing this problem, the study through his research, which is marked (idealism and realism in a comparative study design). And demonstrated the importance of research in the identification of the concept and the effectiveness of the two theories idealism and realism a

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Publication Date
Sat Dec 24 2022
Journal Name
Journal Of Legal Sciences
Interception of Criminal Prescription : A Comparative Study
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Criminal prescription is a legal idea that we find its applications in most laws, It means that a period of time has passed since the occurrence of the crime, which is called the prescription of the criminal case or the crime, or the lapse of a period of time since the issuance of a final judgment in the criminal case, and it is called the prescription of the penalty, the lapse of the prescribed period will result in the expiry of the criminal case in the first case, and the lapse of the penalty imposed in the second case. This system has been found since ancient times in the legislation of countries with their various legal and political systems because of its practical considerations, the most important of which is achieving legal stab

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Publication Date
Sun Aug 30 2020
Journal Name
Journal Of Economics And Administrative Sciences
Relational leadership and its effect on organizational energy (A comparative study in the Rafidain and Rashid banks)
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This research aims to test the relationship between "relational leadership as an independent variable and organizational energy as a dependent variable. The current research variables are among the recent and important variables for the development of organizations, and for the purpose of explaining the relationship and influence between the variables, a set of goals has been formulated, including providing the interested and scientific and theoretical information explaining the nature of the variables The research, and the extent to which its causes are reflected in the research sample to increase the interest of the research organization’s organization and make it more appropriate to the required performance in light of a cha

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Publication Date
Wed Mar 20 2019
Journal Name
Journal Of Legal Sciences
Open Price Contract Compertive Study: Comparative Study
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The ultimate goal of any sale contract is to maximize the combined returns of the parties, knowing that these returns are not realized (in long-term contracts) except in the final stages of the contract. Therefore, this requires the parties to the contract to leave some elements open, including the price, because the adoption of a fixed price and inflexible will not be appropriate to meet their desires when contracting, especially with ignorance of matters beyond their will and may affect the market conditions, and the possibility of modifying the fixed price through The elimination is very limited, especially when the parties to the contract are equally in terms of economic strength. Hence, in order to respond to market uncertainties, t

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Publication Date
Wed Apr 07 2021
Journal Name
Journal Of Legal Sciences
Criminal Order and its Role in Ending the Criminal Case: Comparative Study
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The Criminal Order System is a special procedural system that represents a form of (a non-pleading convention), which is intended to confront a particular type of crime in order to put an end to the expiry of the lawsuit resulting from it in a simple and easy manner that does not observe the rules prescribed for ordinary trials. The basic idea in the system of criminal orders is that the case papers in simple crimes contain enough evidence to decide on them without the need to proceed in the normal way of pleading, confronting and hearing witnesses ... etc.

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Crossref
Publication Date
Wed Oct 30 2019
Journal Name
Journal Of Legal Sciences
The responsibility of the maritime agent in Iraqi legislation: A comparative study
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The study of civil liability is one of the most important issues of interest in all jurisprudential, judicial and legislative direction, because of the problems and difficulties it requires. the solution requires a focused effort that sets its source, basis, scope, and control with extreme care and accuracy to achieve the right and enable the injured party to obtain fair compensation both with scope of the contractual or tort liability.

In fact, the contract of the maritime agency is what is called the comparative jurisprudence (the contract of the ship's agency) connecting between the terminals of the maritime carrier on the on hand and the maritime agent on the other hand. It is the source of responsibility of each party to the

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Crossref
Publication Date
Tue Aug 02 2022
Journal Name
Journal Of Legal Sciences
Expropriation of foreign investments - a comparative study
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The right to property is one of the most prominent and most important of the fundamental rights that the individual enjoys, whether national or foreign, both of them have their own private property that may not be affected except for the requirements of the country's economic development or what is known as the public benefit, and the Iraqi legislator did not specify what is meant by the removal of foreign investment. Of the bilateral international agreements (BITS), as it determined its terms and methods, the properties of foreign investors may be expropriated in a direct and indirect way.

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Publication Date
Sat Aug 20 2022
Journal Name
Journal Of Legal Sciences
Administrative Collection of State Debt : A comparative study
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           The state's finances consist of a set of rights that have a material value. Since the debtor's failure to pay is conceivable, it is reasonable to assume that the State is in constant need of funds to manage its various activities. The state, but what distinguishes it from others in this case is its ability to fulfill the will of the individual without the need to resort to the judiciary to collect the debt.

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Crossref
Publication Date
Sun Dec 31 2023
Journal Name
College Of Islamic Sciences
The Approach of Discretion in Contemporary Jurisprudential Issues, with Imam Al-Qaradawi The Jurisprudence of Minorities as a Model
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Research Objectives: The research aims to highlight the approach of Imam Al-Qaradawi in contemporary jurisprudence in the recent issues of the jurisprudence of minorities, and mentioning the foundations of jurisprudence of minorities, along with some of the practical applications of Imam Al-Qaradawi.

Study Methodology: The researcher applied the inductive, analytical and comparative approach by tracking the scientific material related to the subject of the study from the books of Al-Qaradawi in the first place, then by comparing the legal provisions with what had been stated in the four schools of jurisprudence.

Findings: The interest and need of Muslim minorities in non-

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