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The Legal Subjectivity of the Iraqi State Council’s Fatwa in Disputes of a Financial Nature
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The state council has gone through many development an stages in view of disputes in all its forms.

Whether of a financial nature or of an administrative nature it is within the jurisdiction of the ordinary judiciary to a specialty jurisdiction between the ordinary and administrative then to a general and comprehensive jurisdiction to the judiciary and to get to the corridors of this facts.

And to stop on the jurisdiction of the state council in settling disputes of a financial nature it should be determine what those conflicts are by defining it and then defining what falls within its competence of the state council or otherwise settled.

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Publication Date
Thu Dec 30 2021
Journal Name
Journal Of Legal Sciences
The Legal Nature of Investment Contracts
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The investment contract that has a foreign element is considered amongst the contracts that have their legal and international economical weight, for what it represents in all countries’ economies, and achieving progress in many fields that investment has its effects on their growth and establishment as its at the centre of everyone’s attention. As well as that the variety in opinions and the presence of differences in the contents of these contracts, and the confusion between them and other international contracts, and the considerable interest jurists have in them have all led to not having a legal definition for them, as most definitions the describe them are more economical than they are legal, and the reason for that is that law

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Publication Date
Thu Aug 31 2023
Journal Name
Journal Of Legal Sciences
The Legal Nature of Independent Guarantees
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The guarantee has been known since ancient times as the most widely used personal guarantee, whether at the commercial or civil business level, internally and externally. However, it suffered from weaknesses from the point of view of creditors. In search of a safer personal guarantee, and based on contractual freedom, independent guarantees arose, starting with practice, followed by the stage of legislative regulation.

This type of new guarantees is based on the principle of independence. The independent guarantor, who is the debtor of the guarantee, is bound by a personal guarantee originating in the contract with the inability to adhere to defenses, which constitutes an advantage that tempts creditors, and the well-known legal

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Publication Date
Wed Oct 07 2020
Journal Name
Journal Of Legal Sciences
The legal nature of nullity in a period of suspicion
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Represents the period of suspicion period between start date stop payment and date of issuance of the rule of bankruptcy, and that behavior performed by the merchant debtor in this period is the behaviors suspicious. Once to stop the merchant debtor to pay its debts makes his action marred by disorder. as it may harm creditors or a preference for each of other because it feels along of bankruptcy or it may oversaw  so distrust legislator of his action in this period which is the most dangerous periods and most dangerous on creditors , the legislator stipulated that action issued by the debtor during this period should be null void the aim of the legislator is to protect the creditor community and that the non-exhaustion of the dispo

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Publication Date
Thu Aug 03 2023
Journal Name
Journal Of Legal Sciences
The Legal Nature of the Sports Sponsorship Contract
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The sports sponsorship contract is one of the most important contracts concluded by sports institutions in order to obtain sufficient funding for the performance of its activities. Contract and its development.

This study dealt with the legal nature of the sports sponsorship contract by examining the extent to which some of the provisions of the named contracts apply to it, and then applying the provisions of which one will apply to it, by dealing with the contracts on the benefit such as the licensing contract, the deposit contract, and the contracts on work such as the work contract and the contracting contract.

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Publication Date
Wed Jun 15 2022
Journal Name
Journal Of Legal Sciences
The importance of the independence of the Iraqi State Council
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The State Council is always the trusted advisor to the administration in matters emerging, and the trusted repository of its secret. It assists the administration in the process of developing the appropriate formula for draft laws, regulations, and instructions, in order to make them lead to their intended goal, through its advisory function.

    He is rightly considered the symbol of administrative justice and its faithful habitat. With what it lays down the principles of legality, and with its prestige, strength, integrity, and well-established traditions, it can always confirm the guarantee of its aspired independence, and that the rule of law has a tool for its advancement, not separated from its conscience, bu

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Publication Date
Sat Apr 27 2019
Journal Name
Journal Of Legal Sciences
The role of the State Council in protecting the principle of legal security
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The legal security has become a principle and necessity in the state of law, based on the fact that the legal basis must be based on legal security, Since the Council of State has become the backbone of the legal base as long as we cannot talk about the value of the rule of law only in view of the degree of stability and the extent of the realization of rights and legal conditions and the consequent to achieve the confidence of individuals in the legal system as a whole.

     That means stabilizing the rules governing the affairs of individuals and nations and keeping them away from factors that lead to instability. This ensures the rights of individuals and states as well, since the individual cannot obtain h

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Publication Date
Sun Sep 01 2019
Journal Name
Journal Of Legal Sciences
Legal Nature of the Central Criminal Court
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In this paper, we discussed the legal nature of the Central Criminal Court with two demands: the first relates to the legal basis of the Central Criminal Court, and the second is related to the criminal justice system.

          With regard to the first demand, we have highlighted the stage after the change of the political system in Iraq in 2003 and the subsequent assumption of the US Governor for Civil Administration Affairs in the country and the issuance of a number of resolutions, including what we discussed in the first section (the first legislation No. 13 of 2003 ), Which included twenty-three sections, some showing how the Central Court was formed and the most important rules

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Publication Date
Mon Dec 25 2023
Journal Name
Journal Of Legal Sciences
Legal evaluation of the nature of the legislative role of the financial bills proposed by the parliamentary committees in the Iraqi parliament
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The current research aims to identify the legal evaluation of the nature of the legislative role of the financial bills proposed by the parliamentary committees in the Iraqi parliament، where the problem of research in the tasks of the Iraqi parliament is to monitor the work of the executive authority، either individually or collectively، in order to verify the The extent to which the executive authority properly implements the state’s general policies، and conducts a kind of political control over its work. The importance of research lies in the fact that setting supreme controls in society، such as the right to legislation، is the most important aspect of sovereignty in the state. In the modern state، parliamentary councils en

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Publication Date
Fri Nov 01 2024
Journal Name
Journal Of Kufa Legal And Political Science
The legal system of mandatory mediation as a mean of setting disputes Comparative analytical study
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The mediation system is based on settling the dispute amicably through the intervention of a third party by bringing views closer away from the judiciary, which is an amicable way to settle disputes, which disputants resort to voluntarily, but some Western legislation has begun to impose resorting to mediation to settle disputes compulsorily, to take advantage of its advantages, get rid of the disadvantages of resorting to the judiciary in some disputes, and relieve pressure on the courts.

Publication Date
Thu Jul 29 2021
Journal Name
Journal Of Legal Sciences
Legal vision for international financial institution transactions
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The increasing restrictions imposed on foreign banks operating in developing countries since the 2007/2007 global financial crisis impede improving growth prospects by limiting the flow of financing resources that are desperately needed by companies and the family sector.

        Global banks can have important development benefits، but they are not a panacea, and they also carry risks. Policymakers in developing countries are improving by examining how to maximize the benefits of cross-border banking services while keeping their costs down to a minimum. The 2007-2009 crisis and its ensuing decline in economic activity prompted a widespread reassessment of the benefits and costs of internationa

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