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 Jun 15 2022
Journal Name
Journal Of Legal Sciences
Legal Effects of Personal Execution in the Administrative Contract
...Show More Authors

The contracts management style, a distinctive and important practice management through active administratively closed facility in aiming to ensure the continuity of the Facility regularly and Adtarad where walk in the light of this style approach satisfaction and understanding through the conclusion of the contract administrative and through an agreement with one of the natural or legal persons n this style resorted to by the administration if it does not Asafha administrative decision in the exercise of its activity, or if he believes that the style of management contracts better able to achieve its goals.

There is administrative contracts general principle expressed the commitment of the contractor with the administration, imp

... Show More
View Publication Preview PDF
Crossref
Publication Date
Fri Sep 02 2022
Journal Name
مجلة العلوم القانونية
مدى جواز الفسخ الجزئي للعقد ( دراسة مقارنة)
...Show More Authors

في العقود الملزمة للجانبين اذا لم ينفذ احد المتعاقدين التزامه تنفيذا كليا فانه يجوز للمتعاقد الاخر ان يطلب من المحكمة فسخ العقد فسخا كليا ، الا انه قد يقتصر عدم التنفيذ على جزء من التزامه فعندئذ يثار التساؤل الاتي: هل يمكن فسخ العقد فسخا جزئيا ؟ الملاحظ ان هنالك خلافا فقهيا وقضائيا كبيرا حول جواز الفسخ الجزئي ، فالبعض يجيز الحكم بالفسخ الجزئي ، والبعض الاخر لا يجيز الحكم بالفسخ الجزئي، وقد انتهينا الى القول بع

... Show More
Preview PDF
Publication Date
Tue Dec 24 2019
Journal Name
Journal Of Legal Sciences
Economic Duress and its Effect to the Contract under English and Iraqi Law
...Show More Authors

English law, unlike many Anglo-Saxon laws, has adopted the doctrine of economic duress delayed. Under this doctrine, the contractor who has entered into a contract as a result of an unlawful pressure that threatens his financial or commercial interests may rescind the contract on the grounds that the contract was concluded under economic duress which make the contact voidable. More than forty years have passed since the adoption the economic duress doctrine in English law, however, there are still some issues remain controversial. Is the Lawful Act duress economic duress?

Iraqi Civil Law did not explicitly regulate the doctrine of economic duress. However, the Iraqi authors when explain the rules of duress under this law indicate

... Show More
View Publication Preview PDF
Crossref
Publication Date
Wed Nov 21 2018
Journal Name
Al–bahith Al–a'alami
Remediation of the Administrative Corruption Issues in accordance to the Theory of News Frames
...Show More Authors

Media, especially press plays an important role in fighting corruption and tackling this phenomenon, which has become widespread in our society, through its effective role in raising awareness of the seriousness of spreading of corruption of all its forms in society.
All international conventions and agreements stress the necessity of the role of media and its importance in the light of corruption. All countries also commit themselves to the necessity of guaranteeing the freedom of media and the circulation of information and preparing it as a prerequisite for activating the People’s Control Mechanism and supporting measures and means to prevent and combat financial and administrative corruption more actively and effectively.
Co

... Show More
View Publication Preview PDF
Crossref
Publication Date
Sun Jun 30 2019
Journal Name
Journal Of The College Of Law /al-nahrain University
The content of contract Study in the light of French legislative decree no. 131-2016 of 10 February 2016
...Show More Authors

Of the new concepts introduced by the decree of the amendment of the French Civil Code No. 131-2016 issued on 10 February 2016, which raised a debate in jurisprudence both at the level of French jurisprudence or the Arab, the concept of (the content of the contract), which seems to have emerged from the appearance of new legal articles ( 1162-1171) is the cornerstone of the contract and the contract in the contract, the two pillars which, over the course of 200 years and a half, have been one of the main pillars of the codification of Napoleon. Is that the decree of amendment has already abandoned these two pillars, or most of what he did is a change in terminology while preserving the content of these two pillars implicitly, this is what w

... Show More
View Publication
Publication Date
Tue Jun 30 2020
Journal Name
Kuwait International Law School Journal
Contract Duration – A Study in Light of French Legislative Decree No. 131-2016 issued on 10 February 2016
...Show More Authors

After the Napoleonic Code of 1804 came without any legal rules specific to the duration of the contract, and was content to refer to it in scattered legal texts, Legislative Decree No. 2016-131 came to establish a comprehensive legal system for the duration of the contract, starting from the period of its formation, through the period of its implementation, and ending with its continuation after the expiration of its term, in the third section of the fourth chapter related to the effects of the contract (Articles 1210 - 1215), relying on judicial precedents on the one hand - which are many, as will be shown through the research pages - and contractual practices on the other hand. Perhaps the main motive that prompted the French legislator t

... Show More
View Publication
Publication Date
Tue Oct 29 2019
Journal Name
Journal Of Legal Sciences
Remedies breach content of contract Study in French law according to the Decree 131-2016 and the preliminary draft amendment to the Civil Liability Act of 2017
...Show More Authors

The Contracts must be executed according to their content. Therefore, the parties must fulfill their obligations as stipulated in the contract content. If one of them Do not execute his obligations, his contractual responsibility is to breach the contractual content of his contract.

This principle does not differ in law, but the difference lies in what is wrong or not, as well as different ways to address this breach.

The breach is not limited to the failure of the parties to fulfill the obligations under the contract, but the description of the breach applies to the cases of non-implementation of obligations not mentioned in the contract - secondary obligations - and the liability is also contractual, by virtue of chargi

... Show More
View Publication Preview PDF
Crossref
Publication Date
Wed Feb 20 2019
Journal Name
Political Sciences Journal
Article Structural violence: A study In Johann Galtung's theory of explanation he violence t
...Show More Authors

This study deals with the subject of violence, but from another perspective, it has not been emphasized in contemporary studies of violence in Arabic and raqi universities, which is the structural or institutional aspect of violence. Traditional studies have focused their analysis of violence on the direct side the violence, The other side of the violence is the hidden violence, which is characterized by a lack of clarity of the underlying factors and its effects are not arises, which makes it the most serious violence, which requires a deep research into the social, political, economic, cultural and psychological structure of society (individuals and institutions). This study was based on the theory of the Norwegian scientist (J

... Show More
View Publication Preview PDF
Crossref
Publication Date
Thu Jun 15 2023
Journal Name
Journal Of Legal Sciences
Smart Contract: Theoretical Basis and Application Dialectic
...Show More Authors

This study focuses on the relationship of the smart contracts and legal application in the field of civil and commercial contracts. The study aimed to anticipate the possibility of issuing a new law in the future, Nowadays, smart contracts t is a legal challenge that cannot be ignored, Despite the UAE legislator’s interest in artificial intelligence technologies and studying them from the legislative aspect, especially in the field of self-driving cars and the use of robots, and looking forward to a global leadership in the field of Block chain, it is still early to talk about bringing the Block chain to the ground of legislative reality in light of the challenges and risks arising from many challenges that We discussed them in this co

... Show More
View Publication Preview PDF
Crossref
Publication Date
Thu Jun 15 2023
Journal Name
Journal Of Legal Sciences
The Judge’s Oversight Function on Unreasonableness in Disciplinary Actions : A Comparative Study
...Show More Authors

The Administrative agency enjoys certain privileges when issuing disciplinary actions on a public servant. As the only entity conferred with the authority to issue disciplinary action to actualize certain aims, like establishment of, or amendment or repealing of certain legal provisions. Public service is regarded as the most widespread sector due to the employer-employee working relationship between the administrative agency and the public servant. The aim of disciplinary action is to serve deterrent to the employee from committing similar offence in the future and guaranteeing of smooth running of the organization and effective delivery of work. Therefore, the administrative agency must commit to achieving this aim, without being outra

... Show More
View Publication Preview PDF
Crossref