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Extent of the permissibility of partial rescission of the contract: - comparative study

In bilateral contracts, if one of the contracting parties does not fully perform his obligation the other contracting party may ask the court to rescission the contract in full, but the failure to perform may be limited to part of his obligation, then the following question arises: Can the contract be partially rescission  ? It is noted that there is a great jurisprudential and judicial disagreement on this subject, And we ended up saying ​that it is not permissible for a court to order on partial rescission  without the approval of the creditor, because the judgment of partial rescission  requires to compel the creditor to accept partial payment, which is rejected under Article (392) of the Iraqi Civil law.

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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
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
Wed Dec 29 2021
Journal Name
Journal Of Legal Sciences
The legal framework for the future contract in the stock market

According to this contract, it is agreed to postpone the receipt and payment the price to a specific time to be agreed upon, which is in fact the settlement of the difference between the price of the contract on the day of the conclusion and its price on the settlement day.A future contract in this understand shall be a negotiable security in the organized markets, where the seller or the buyer shall replace the seller or the purchaser in their legal status with another person, regardless of the consent of the other party. The Iraqi legislator organized the future contract in many acts because of its importance.

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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
Sun Jul 07 2019
Journal Name
Journal Of Legal Sciences
Provisions of Periods in the Matters of Personal Status and the Extent of the Judge's Power to Amend Them “Comparative Study”

Most modern legislations seeks to regulate the provisions that guarantee the stability of marital life, and that the Iraqi legislator along the lines of such legislation has ensured the stability of married life, therefore, he started to regulate the matters related to it, and in order to achieve these issues and the desired objectives, he adhered to limit these issues to periods that the parties must take into consideration when exercising these rights because they have serious effects that may lead to loss of these rights if they are not observed . In addition, the periods of personal status issues are divided into the considerations to several divisions included the related to their impact in terms of being constructing of the rights

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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 Aug 20 2022
Journal Name
Journal Of Legal Sciences
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 op

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Publication Date
Sat Dec 24 2022
Journal Name
Journal Of Legal Sciences
The Nature of the Exoneration : Comparative Study

The obligation in accordance with the provisions of the Iraqi Civil Code to meet the obligation to meet the charge for the acting renewal in loyalty, clearing, union of disclaimer, acquittal, impossibility of implementation and statute of limitations. However, the subject of our study will focus on one of these reasons, which is exoneration, but we will not deal with the provisions of acquittal in general, as we chose the nature of the acquittal as the target of this study because it provoked a doctrinal debate among Islamic doctrines, as this study lacked to examine the nature of the acquittal by comparing Islamic jurisprudence with civil laws.

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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
Fri Sep 30 2022
Journal Name
Journal Of Economics And Administrative Sciences
Robust Estimation OF The Partial Regression Model Using Wavelet Thresholding

            Semi-parametric regression models have been studied in a variety of applications and scientific fields due to their high flexibility in dealing with data that has problems, as they are characterized by the ease of interpretation of the parameter part while retaining the flexibility of the non-parametric part. The response variable or explanatory variables can have outliers, and the OLS approach have the sensitivity to outliers. To address this issue, robust (resistance) methods were used, which are less sensitive in the presence of outlier values in the data. This study aims to estimate the partial regression model using the robust estimation method with the wavel

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