Preferred Language
Articles
/
jols-668
Evidence- Based Premature Termination Implicit: Comparative Study in Contract Theory
...Show More Authors

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 the implementation that he wanted from the contract, based on In this, there is a set of clues, emirates, and facts that reveal that the contractor will refrain from implementing an important aspect of his obligations when they are due.

View Publication Preview PDF
Quick Preview PDF
Publication Date
Wed Sep 18 2019
Journal Name
Journal Of Legal Sciences
نظرية الجحود المبتسر للالتزامات العقدية في النظام القانوني الانكلوامريكي: دراسة مقارنة
...Show More Authors

لقد شكلت نظرية الجحود المبتسر للالتزامات العقدية ، معلما بارزا من

معالم تطور القانون الانكلوامريكي وتفرده من بين معظم الأنظمة القانونية ودليلا لا يرقى إليه الشك في قدرة القضاء الانكلوامريكي في خلق وإنشاء النظريات القانونية لإيجاد الحلول العادلة للوقائع التفصيلية التي تقع في الحياة القانونية العملية في الأحوال التي تعجز فيها النظريات القانونية التقليدية في إيجاد الحلول لها.

وللتزود بفكرة عن موض

... Show More
View Publication Preview PDF
Crossref
Publication Date
Sun Jan 30 2022
Journal Name
مجلة كلية الاسراء الجامعة للعلوم الاجتماعية والانسانية
مدى تلازم التعويض مع الفسخ المبتسر للعقد
...Show More Authors

يتناول البحث فكرة الفسخ المبتسر للعقد من حيث امكانية او عدم امكانية الحكم بهما مجتمعين ومدى تلازمهما

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
...Show More Authors

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

... Show More
View Publication Preview PDF
Crossref
Publication Date
Mon Feb 04 2019
Journal Name
Journal Of The College Of Education For Women
The Unque Necklace ; ( Al – Iqd Al – Farid) ; A Reading in the Light of Speech Acts Theory
...Show More Authors

Summed up the idea of this research in an attempt to find the establishment of the knowledge convergence to show the features of verbal acts that occurred a prime location in the lesson deliberative theory book unique contract ( IbnAbdRabbaAndalusian ) to prove that Arabic was the old literary studies included many of the features of this theory in both theoretical and practical

View Publication Preview PDF
Publication Date
Wed Jun 30 2021
Journal Name
Journal Of Economics And Administrative Sciences
Estimating Stock Returns Using Rough Set Theory: An Exploratory study With An Evidence From Iraq Stock Exchange
...Show More Authors

‎ This research aims to estimate stock returns, according to the ‎Rough Set Theory ‎approach, ‎test ‎its effectiveness and accuracy in predicting stock returns and their potential in the ‎field of ‎financial ‎markets, and rationalize investor decisions. The research sample is totaling (10) ‎companies traded at Iraq Stock Exchange. The results showed a remarkable ‎ ‎Rough Set Theory application in data reduction, contributing to the rationalization of ‎investment ‎decisions. The most prominent conclusions are the capability of rough set theory ‎in ‎dealing with financial data and applying it for forecasting stock ‎returns.‎The ‎research provides those interested in investing stocks in financial

... Show More
View Publication Preview PDF
Crossref
Publication Date
Tue Dec 28 2021
Journal Name
Revue Des Recherches En Droit Et Sciences Politiques
Contract duration concept
...Show More Authors

Time is an essential element of contracts، as there is an independent in many parts of each contract، but the time dimension has a significant impact on the provisions of all contracts and is not limited to a particular range of contracts، and French and Arab jurists alike have called for this dimension to be given special attention، and as a result the French legislator has introduced the term duration of the contract، to try to limit the temporal elements، to clarify their provisions and to distinguish between them in decree131/2 016، but for our Arab country it did not receive the appropriate answer. The problem of duration in contracts relates to the lack of clarity of the idea، and then to confuse the various time terms in the

... Show More
View Publication
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
...Show More Authors

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
Fri Dec 31 2010
Journal Name
Journal Of Legal Sciences
The moment of concluding the contract according to the United Nations Convention on Contracts for the International Sale of Goods (1980) (A comparative study with some Arab and foreign legislations)
...Show More Authors

There are two ways that the contract might be formed with (contracting between persons who are attended and contracting between absence persons).the need for determining the precise moment of the contract , is so clear because there is a specify period separate between the declaration of acceptance and the knowledge with it .and it is clear from the four theories known for jurisprudence (theory of the declaration of the acceptance, theory of exporting the acceptance , theory of the arrival of the acceptance , theory of the knowledge with the acceptance ) . It is difficult to promote one theory on another one if we look at each one and the justification of its supporters and what the opponents of each theory expose. Legal background and diff

... Show More
View Publication
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
...Show More Authors

     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

... Show More
View Publication Preview PDF
Crossref
Publication Date
Thu Jun 15 2023
Journal Name
Journal Of Legal Sciences
Termination of the International Sales Contract from the Point of View of International Courts and Arbitral Tribunals
...Show More Authors

The termination of the international sales contract is one of the solutions that the parties and the law resort to resolve some fundamental violations that occur in the contract for any reason, but determining the fundamental reason that leads to the termination of the contract is the most extreme type of treatment of the fundamental violation that has been interpreted differently by international experts, whether courts international bodies or international arbitration committees. And in relation to the difficulty of determining the fundamental violation that leads to the termination of the contract and the exceptions contained in cases that are considered a fundamental violation and that are not considered a fundamental violation, the

... Show More
View Publication Preview PDF