Preferred Language
Articles
/
jols-547
The Legal Effects of Breaching the Administrative Contract : A Comparative Study

      The administration concludes two types of civil and administrative contracts, each of which is subject to its own system, and the administrative contract is characterized by a set of exceptional powers towards the contractor in order to compel him to implement his obligations

       And that administrative contracts require a large financial and technical possibility to implement them, especially contracts that focus on strategic projects, including general contracting contracts

      Which is based on the technical competence and merit of the contractor, and accordingly, delay in the implementation of contractual obligations or negligence and negligence in a way that violates what is agreed upon. or the failure of others in the work assigned to them is one of the most serious forms of violation of the administrative contract’s connection to ensuring the regular and steady functioning of the public facility.

In order to take note of this, we divide our study into two sections, in the first of which we deal with: the concept of the contractor's breach, through its definition and forms, while the second section is devoted to images of the legal effects resulting from the contractor's breach of the administrative contract, then we conclude our research with a conclusion that includes a series of conclusions and recommendations.

View Publication Preview PDF
Quick Preview PDF
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

... Show More
View Publication Preview PDF
Publication Date
Fri Sep 02 2022
Journal Name
Journal Of Legal Sciences
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.

Crossref
View Publication Preview PDF
Publication Date
Fri Dec 31 2021
Journal Name
Journal Of Legal Sciences
The legal basis for the right to the city (a comparative study)

The issue of human rights occupies great importance on the academia as well as in the reality, especially after the spread of ideas related to these rights on one hand and the large number of violations they are exposed to on the other hand, which makes it necessary to develop fundamental solutions to the remove the obstacles of implementing human rights.

      In this research entitled (The Legal Basis of the Right to the City: A Comparative Study) we dealt with a new concept of human rights and discussed the basis upon which it is based in international charters, constitutions and domestic laws.

Crossref
View Publication Preview PDF
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

... Show More
View Publication Preview PDF
Publication Date
Thu Aug 31 2023
Journal Name
Journal Of Legal Sciences
Evidence- Based Premature Termination Implicit: Comparative Study in Contract Theory

For the premature termination of the contract is the creditor’s ability to request the termination of the contract due to the debtor’s breach of the execution date based on the debtor’s explicitness not to perform upon the occurrence of this date or because of a presumption proving that breach. Or return it to the extent of the creditor’s ability to prove what he claims, and thus the burden of proof falls on the creditor.

There is no difficulty in proving the debtor's declaration of non-performance, but the difficulty lies in proving the perceived breach in the future, that is, the creditor concludes earlier on the date of implementation that the debtor will breach his obligation and therefore the creditor does not obtain

... Show More
View Publication Preview PDF
Publication Date
Mon Dec 25 2023
Journal Name
Journal Of Legal Sciences
The legal framework for the process of monitoring the electoral register a In the comparative countries and Iraq : A Comparative Study

This study entitled (The legal framework for the process of monitoring the electoral register (a comparative study between Egypt and Iraq)) shows the importance of monitoring the right to participate in political life and public affairs، as all electoral legislation in democratic countries is keen on the integrity، integrity and legitimacy of elections، and one of the most important guarantees of this  Existence of effective oversight at every stage of the electoral process، including the preliminary stage. Oversight is the process of collecting and inventorying information about the electoral processes in all its stages، by following an organized mechanism in collecting information on each stage، which is then used to issue o

... Show More
View Publication Preview PDF
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.

View Publication Preview PDF
Publication Date
Wed May 31 2023
Journal Name
Russian Law Journal
LEGAL RULES GOVERNING THE DURATION OF THE CONTRACT IN ITS PERIOD OF FORMATION (COMPARATIVE LEGAL STUDY)

The duration of the contract is a legal term first provided for in French Amendment Decree No. 131/2016, and given the increasing importance of time in contracts, we have chosen to study the legal rules governing time at the formative stage by drawing on changes in French law compared to both Iraqi and Egyptian laws.

Crossref
View Publication Preview PDF
Publication Date
Sat Dec 24 2022
Journal Name
Journal Of Legal Sciences
Legal System for Electoral Campaigns : A Comparative Study

Electoral campaigns are one of the stages of the electoral process, and it means the sum of the activities and activities carried out by the candidate or the political party within a period of time, usually one day or more before the polling date, according to the legislation. To vote for this candidate or party, and this process affects the results of the elections, whether parliamentary or presidential, because it targets the votes that lead the candidate or political party to a boost to the presidency of the state or the legislative authority, so that this right is not abused in promoting political ideas and visions, considering This is one of the branches of freedom of opinion and expression that is guaranteed by most constitutions.

... Show More
View Publication Preview PDF
Publication Date
Tue Nov 19 2024
Journal Name
Alrafidain Of Law
The Effects of the research and technology development contract -A comparative study-

Researching the effects of the research and technological development contract, determining its extent and demarcating the boundaries of the obligations imposed in it, is the cornerstone of economic growth and development, because defining these obligations removes the ambiguity and conflict between interests, by stating the rights owed to each party and even trying to reconcile them, or impose protection by specifying guarantees that are compatible with the essence of the R&D contract, For the purpose of studying the subject thoroughly, we will divide this research into two sections. The first is devoted to identifying the parties to the research and technological development contract. As for the other topic, we will explain the obligation

... Show More
View Publication