Because bank deposits, whether cash deposits or securities deposits, entail obligations on the bank, it is natural that violating these obligations results in the realization of its civil responsibility, and responsibility in its general meaning is culpability and liability. The source of this obligation was the agreement or the law, and the work of the rules of civil liability is based on the availability of three pillars, which are the error, the damage and the causal relationship between them, and as long as the bank deposit is a contract, the responsibility of the bank in the event of a breach of one of the obligations arising from this contract is definitely a contractual responsibility, but it may be imagined The establishment of tort liability in cases we will explain when talking about cases of civil liability of the bank, but trends have emerged that the bank’s responsibility, according to the nature of the activity it practices, which is banking and its importance, has entered it within the scope of professional responsibility based on professional error, while there is another trend that goes To be satisfied with the element of harm, i.e. on the basis of the idea of risks and bearing the consequences, they consider that the harm caused to work That alone is sufficient to realize the responsibility of the bank, regardless of the error and the causal relationship between them.
Tobacco products of all kinds are harmful to public health, so legislation has paid great attention to regulating the process of tobacco production and distribution, whether at the level of national or international legislation, in a way that achieves legal protection for these products, so the establishment of civil liability for tobacco companies as a result of harm to the smoker The positive and the negative provoked a jurisprudential dispute due to the specificity of the work of these companies, and the jurisprudence differed in the legal nature of tobacco companies ’liability between contractual and tort liability in a way that enables the injured smoker to obtain his right to compensation.
Tobacco products of all kinds are harmful to public health, so legislation has paid great attention to regulating the process of tobacco production and distribution, whether at the level of national or international legislation, in a way that achieves legal protection for these products, so the establishment of civil liability for tobacco companies as a result of harm to the smoker The positive and the negative provoked a jurisprudential dispute due to the specificity of the work of these companies, and the jurisprudence differed in the legal nature of tobacco companies ’liability between contractual and tort liability in a way that enables the injured smoker to obtain his right to compensation.
The bailment is one of the well-established legal systems of the English common law, and which included the distinguished characteristics of both the law of contract and the law of property. It is worth-mentioning that this legal system has acquired those common features of these two prominent legal systems, which form an important part of the common law. By the judicial precedents made by English courts. And these precedents have adopted two different and divergent attitudes towards the qualification of the legal nature of bailment in English law . Whereas the Iraqi civil law No. (40) of 1951 regulated the legal rules of the bailment, considering it as a real contract, the conclusion of which requires the availability of four basic elem
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That it is reasonable to assume that the repossive damage is the result of tort liability, but this has raised in our minds the question of the extent to which the damage arising from the liability may arise, not only from tort liability, and from the possibility that the damage is direct and not indirect, It is possible to try to prove that the injured person can be compensated for recidivism as a result of the realization of contractual liability in general, with a focus on achieving the contractual liability of the air carrier in particular.
Consequently, the study has worked to clarify the intentional damage to aircraft accidents and to distinguish between the liability of the carrier to the passenger as the original victim o
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The 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 occupier’s civil liability in English law is considered as one of the main types of the responsibility imposed by the law of Torts. and is regarded as a special system of the civil liability arising from negligence, as well as two other systems, that is to say , the employer’s non-contractual liability and The liability from defective products. It is worth-bearing in mind that the common law has imposed on the occupier of the premises a duty of safety towards those who enter his premises. And two English legislations have been enacted later to regulate this type of liability legislatively, namely, the Occupier's liability Act 1957 and the Occupier's liability Act 1984. Whereas the Iraqi civil law No. 40 of 1951 has regulate
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اذا تم العقد بين الاستشاري وعميله مستكملا لأركانه وشروطه، افاد حكمه، أي الزم طرفيه بالتزامات معينة تجسد هذا الحكم ولا سبيل للتنصل من هذه الالتزامات او تعديلها الا اذا اتفق الطرفان على ذلك، فللعقد قوته الملزمة للطرفين التي تتجسد في جزاء الاخلال به ( المسؤولية العقدية )، وحيث ان القواعد العامة للمسؤولية العقدية ليست من النظام العام، يجوز عندئذ الاتفاق على تعديلها في حدود النظام العام والاداب1. لذلك وللت
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This research discussed the role of the UAE high courts in interpreting the legal texts governing the objective civil protection for the injured due to medical errors. It utilized many issued judgments and concluded the importance of these rulings in interpreting the legal texts provided in the relevant legislation. Also, it emphasized the impact of these provisions on the legislative amendments recently made by the UAE legislator, namely the Medical Liability Law No. 4 of 2016 and its Executive Regulation No. 40 of 2019. Although the UAE law does not follow the case law system, this study proved the commitment of the lower courts to the judicial principles issued by these higher courts. The first part highlighted the concept of medical
... Show MoreThe judicial transformation led by the French Court of Cassation about the consequence of liability arising from breach of the promise of preference led to the adoption of a new principle، whereby the beneficiary of the promise of preference would substitute with the third party in the concluded contract in violation of his right in preference. This shift، in turn، has been reflected on the legislative situation in France، where the French legislator adopted this principle in the New Contract Law of 2016.
This study is intended to discuss the civil responsibility of the editor in the field of electronic publishing.
The purpose of this study is to explain the concept of the editor in the electronic publication and the basis of its civil responsibility, its legal problems under the legal rules contained in the Civil Code.
The first topic deals with the concept and importance of the editor in the news website. The second section deals with the provisions governing the civil responsibility of the editor.