تكفل الدساتير الملكية العامة للمواطنين جميعاً (1)، كما تصون الملكية الخاصة (2)، والملاحظ بجلاء أن الدستور في اطار حمايته للملكية العامة والخاصة يطلقهما دون مقيد، ويعممهما دون مخصص، ومؤداه أن الأصل هو ضمان الملكية بنطاقها الشخصي والموضوعي المطلق أما الاستثناء عليهما يستوجب التصريح ولا تغني الدلالة أو التأويل دون نص مخصص أو مقيد يرد في الدستور، مما يتطلب من القضاء الدستوري أن يبسط ولايته على حماية هذا النطاق الرحب والفضفاض دون تردد.
Risks are linked to banking activities. In order to overcome these risks, the bank has only the ability to rely on guarantees that are various and varied. These include traditional guarantees such as personal guarantees, commercial and real estate mortgages, insurance operations, specialized to cover the risks of foreign trade operations.
Including the procedures and procedures that the banking institution should abide by in the practice of its credit activities both before and after the grant to detect the risks surrounding them early and address them before they grow, by following the rules of banking governance of forming specialized committees in the bank, Monitoring credit operations and reviewing the credit portfolio to asc
... Show MoreThe use of the concept of (quality), which is purely administrative, and part of the system of competitive activity (private), within the framework (judicial) (public), in a manner that helps achieve the strategic objective of the judiciary, which is to maintain its leading position among the means of dispute settlement, with Upgrading (products) of judgments and fatwas, in order to achieve excellence in its performance, and to ensure the satisfaction of (adversaries) when they resort to him, and not to look for other alternatives, which helps the judicial institution (public) to improve in the provision of (services), and this is achieved by benefiting from The advantages offered by TQM in its concept (private institutions).
This research deals with the idea of a constitutional public order, determining its nature, and its applications in light of the Constitution of the Republic of Iraq for the year 2005, by reviewing the relevant constitutional and legal texts, and comparing them with the principles followed by the Federal Supreme Court on the one hand, as well as comparing the behavior of the Iraqi constitutional legislator with some Comparative trends relevant to this topic, especially in Egypt and France, in order to try to draw a road map related to this idea in Iraqi legislation and jurisdiction.
The importance of the research is the scarcity and lack of in-depth studies by constitutional jurists in Iraq despite their abundance in the wr
... Show MoreSince the property in Islam is based on the principle of succession , "which made you Khalaúv land and raise yourselves above some degree of Iblukm with Atakm The Lord of the fast punishment and it is Forgiving, Merciful " [cattle : 165 ] and human only Mstkhalaf where " God promised you who believe and do good deeds for Istkhalvenhm Normans in the ground as those before them " [Nur : 55 ] , considering that King God alone any talk about having ownership in Islam in the contemporary sense of ownership , containing three rights are:
1- right to dispose of the right of usufruct tenure
2-The concept is ambiguous as long as that man Mstkhalaf does not have the right to dispose
... Show MoreThe 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
... Show MoreWe concluded that the issue of freedom in general is one of the important issues of the constitutional legislator, so he was keen to include it in the introduction and content of his texts, because the society suffered from scourge and injustice And tyranny by the rulers and the ruled made freedom at the mercy of their fatwas. The international and Arab declarations stipulated the necessity of giving public freedoms without racial or national discrimination, but rather for all humanity. It has arranged consequences for those who failed to abide by the conventions, encouraging them to urge national legislators to stipulate public freedoms in Their constitutions, including our desired freedom here, is the freedom of the Iraqi. The co
... Show MoreThe guarantee of deposits came in most countries as a result of the financial crises faced by the banks, as the role of the guarantee agencies does not end to the point of enabling the depositor to recover his deposit, but rather it is considered necessary to overcome crises and stabilize the banking system.
The decisions related to the coverage determined by the types of guarantee are important, and it is required that these decisions be consistent with the policy of each guarantee to control and limit the negative effects that accompany deposit insurance, in order to face any risk that threatens deposits and confidence in them and to avoid any financial failures for the stability of the banking system and the protection of depo
... Show MoreThe idea of congruence with constitutionality is based on the extent to which the minimum laws comply with the supreme constitution, because the latter contains constitutional principles and rules that have been established in the legal conscience of the nation and gained the satisfaction of the people.
Based on the foregoing, ordinary laws derive their force and legitimate legitimacy from the extent of their commitment to the provisions of the Constitution and any violation must be amended the law contrary to the constitutional principles by canceling or abstain from application according to the regulatory system in force
... Show MoreOur research, entitled "The constitutional and legal regulation of the vacancy of the seat of the member of the House of Representatives in Iraq", to study the most important reasons it follows the vacancy of the seat and the ways filling it , belief in the importance of this subject because the MP represents the entire people and exercises many powers In which you notice will electorate and their ambitions, so this study focused on the statement of the constitutional and legal organization of the reasons that result in the vacancy , And the way adopted in filling vacant parliamentary seats according to Article (49) of the Constitution of Iraq for the year 2005 and the law of the elections of members of the House of Representatives for 2
... Show MoreOf the importance of the concept of ownership of real estate as the basic basis from which various projects are launched in various economic, tourism, and urban areas .... The need to research the diagnosis of real estate reality went astray in the difficulties, which played a decisive role in the process of urban development.
This leads us to the research problem of the difficulty of implementing urban development plans in many cases due to the absence of a clear methodology for organizing and modernizing the ownership of real estate and its coordination with the management of urban land and to achieve the objective
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