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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.

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Publication Date
Wed Dec 29 2021
Journal Name
Journal Of Legal Sciences
Administrative protection of young people in Iraq Comparative study with the United Arab Emirates

Because of what Iraq faced in the last quarter of the last century of wars and military conflicts and the aftermath of the economic blockade, as well as the recent occupation suffered by Iraq in the contemporary century, which culminated in lawlessness and the spread of terrorism and the most prominent on the Iraqi street manifestations not prepared before paved to the aggravation and collapse in the community system As a result of the political and social changes, all this highlighted the need for public facilities specialized in social protection for young people to provide all the new requirements, and the find a legal system commensurate with the circumstances and circumstances.

In light of the current challenges, the State h

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Publication Date
Fri Sep 02 2022
Journal Name
Journal Of Legal Sciences
The nature of the claim of lack of jurisdiction in the comparative and Iraqi administrative judiciary

      The plea of ​​lack of jurisdiction is the most important formal defense in the administrative judiciary, it is a denial of the court’s authority in hearing the case for its deviation from the limits of the jurisdiction that the law has decided for it, and if that court issues a decision in pleading not to have jurisdiction directed at it, the matter does not deviate from one of two decisions, it is either to decide that it is She is competent to hear the case, so she refuses the payment and proceeds to examine the matter, or she decides to accept the defense of lack of jurisdiction raised by the litigants, or on her own if the matter is related to the public order, and she must here refer the case to

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Publication Date
Thu Jun 01 2017
Journal Name
Journal Of The College Of Languages (jcl)
Plain Language Movement and Legal Translation : An Analytical Study of Two Translations of a Contract of Lease from Arabic into English

The present paper addresses one of the most challenging topics in translation; namely legal translation in the framework of two different approaches; the classical (formal) and the more recent (functional). The latter approach is the outcome of the process of simplifying legal language known technically as Plain Language Movement. The advent of this movement dates back to the 1950s, in response to the widely-held complain about the awkwardness of the legal register. Within this framework, the salient features of legal language, at the various linguistic and textual levels, underwent reconsideration in favor of more publicly digested expressions. The paper then subjects two translations of a lease contract to analysis in the ligh

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Publication Date
Fri Dec 01 2017
Journal Name
Journal Of Legal Sciences
The Legal System Of Arbitration As a Name Of Setting Foreign Investment Disputes in Iraqi and Kurdistan Region legislation: A COMPARATIVE LEGAL STUDY

Is a theme of foreign direct investment and indirect interest of the world, especially developing countries, and the growing interest in recent issue of investment in Iraq and the region being one of the countries aspiring to attract foreign investment, especially in the natural resources sector, having changed relatively Look uncertainty towards foreign investors, both of by the state or its citizens.

Although mutual cooperation between the state invested and investors to identify those rights and obligations in terms of scope or content of the contract between the parties, but it might get a conflict between the two parties in the exact content of the rights enjoyed by the investor and the obligations due to breach of one of th

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Publication Date
Sun Oct 01 2017
Journal Name
Journal Of Economics And Administrative Sciences
Effect of the documentary credit opening procedures on The obligate of time limits prescribed by the contract

This research aims to analyze the effect between letter of credit opening  and implementation procedures which considered one of the most important Foreign services submitted by bank institutions to their customers on Time contracted time limit commitment contract by some Iraqi commercial banks, descriptive analytical method used in This research The questionnaires designed a tool main research to gather information to get to know the effect ,  Seventy questionnaire forms were distributed, sixty seven forms were analyzable , The answers were analyzed by the arithmetic mean and standard deviation and test the level of influence between variables simple linear regression. The result showe

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Publication Date
Thu Dec 30 2021
Journal Name
Journal Of Legal Sciences
Legal regulation for a labor inspector: A comparative study between Iraqi legislation and the Algerian and Bahraini legislation

The labor inspector may be exposed - while performing his duties that are legally assigned to him - to threats or attacks on him by employers, which makes it impossible for the inspector to perform these jobs.

This has prompted international and Arab labor inspection standards, as well as national labor laws, to emphasize the need to provide security support and legal protection for the labor inspector, and to punish employers' violators, with the aim of extending the authority and prestige of the state and ensuring the enforcement of laws and thus achieving the goals for which it was legislated.

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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
Tue Feb 05 2019
Journal Name
Journal Of The College Of Education For Women
Study the positive effects of “Whatsup” application in the educational process

Limited importance of research in a stand on the most important difficulties faced by both faculty and parents to communicate with each process to follow up on their children, and the analysis and inventory of the obstacles that hinder the educational process, and work to develop a vision of how to address these constraints and the important role of technology in the treatment of problems of the society so as to develop frameworks future to minimize the errors and the problems they face, and the development outlook for future generations in order to promote the educational level, especially that Iraq is going through a change in conditions in all sectors. Through the questionnaire, which includes questions set that was made on a sample o

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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
Wed Dec 29 2021
Journal Name
Journal Of Legal Sciences
The legal obstacles for the choices of the real estate owner and the extent to which the options of the holder are affected as a result of the pledgee’s breach of his legal duties

منح القانون حائز العقار المرهون خيارات معينة ، ان يستعمل منها ما يناسبه للحفاظ على ملكية العقار ، ويتجنب ملاحقة الدائن المرتهن الذي قد يفلح في نزع هذه الملكية من يده لتقع في نصيب شخص آخر ، او قد تكون من نصيبه بعد ان يسدد الثمن الذي رسا عليه مزاد البيع طبقا للاجراءات المتبعة .

قد يتعذر على الحائز في حالات معينة استعمال البعض من هذه الخيارات او كلها(Contraindications to using options) ، الامر الذي يضعه تحت رحمة الدائن المرته

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