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The Formation of the Legal Faculty and its Application

The sound legal thinking that reaches sound legal results is the basis of the legal faculty that is defined as: the faculty of the legal person to understand the legal language verbally and meaningfully and coexist in it and deal with it and realize and choose what words it can from it when needed during work and professional dealing, but this thinking does not have a methodology in specific and specific jurisprudence, as the faculty does not have a fixed size or a certain limit, but is flexible and expands It grows as its owner fills it with legal information and practical experience. The legal faculty has not been regulated by the legislator, in addition to the fact that the judiciary and jurisprudence have not dealt with this by expressing their jurisprudence in this context.

Therefore, these problems oblige us to solve them to contribute to clarifying their assumptions and indicating their requirements, elements and components on the one hand, and then determine the field of application on the other hand, by following an analytical approach and a plan consisting of two sections: the first of which is the assumptions of the legal faculty and its requirements and the statement of its elements and components, and the second is the field of application to facts and law.

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Publication Date
Thu Aug 31 2023
Journal Name
Journal Of Legal Sciences
The Mechanism of Incorporation the Treaty and its Legal Value into Iraqi Law

     The importance of international treaties reside at the present time in regulating a several issues within the internal scope of the state, and that after it was monopolized by the internal legal system of the latter, besides this the three authorities of the state assume the task of implementing the obligations imposed by international treaties on the states party to them.

      Therefore, we will expose in this study the mechanism used by the Iraqi state in incorporation the international obligations into the Iraqi internal legal system under the successive constitutions from the establishment of the Iraqi state until the issuance of the constitution (2005) in effect, as Iraq fol

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Publication Date
Thu Aug 03 2023
Journal Name
Journal Of Legal Sciences
Rooting Governance and its Legal Nature

Tax governance is a set of legal means that directs the tax administration to deal in good faith with taxpayers based on transparency, integrity and accountability while ensuring the achievement of tax justice and works to introduce advanced means by which it deals with all stakeholders.

      In this study, we try to explain its rooting and legal nature by shedding light on the position of some international organizations and their internal legislation in the context of public finance.

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Publication Date
Thu Dec 30 2021
Journal Name
Journal Of Legal Sciences
The Legal Nature of Investment Contracts

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
Tue Nov 19 2024
Journal Name
Al–bahith Al–a'alami
Legal Protection of the Printing Format of the Newspaper

This research has been devoted to the objective and important issue which is the legal protection of the printing form of the newspaper in the Iraqi press.

As this issue constitutes the integrated unit of the printing format in addition to achieving legal protection for the illustrative image used in the press. Such matter, on both level the integrated unit of the printing format and the legal protection, is out of reach of study due to the comprehension of the subject is concerned.

Although there is a justification for dealing with both of them together as the explanatory image is one of the foundations on which the printing format of the newspaper is built. This case generates, at least, the same legal subject that appe

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Publication Date
Thu Aug 03 2023
Journal Name
Journal Of Legal Sciences
The Legal Nature of the Sports Sponsorship Contract

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 May 31 2023
Journal Name
Russian Law Journal
LEGAL RULES GOVERNING THE DURATION OF THE CONTRACT IN ITS PERIOD OF FORMATION (COMPARATIVE LEGAL STUDY)

The duration of the contract is a legal term first provided for in French Amendment Decree No. 131/2016, and given the increasing importance of time in contracts, we have chosen to study the legal rules governing time at the formative stage by drawing on changes in French law compared to both Iraqi and Egyptian laws.

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Publication Date
Sat Aug 20 2022
Journal Name
Journal Of Legal Sciences
Methodology of criminal judiciary in developing the legal rule

Every mental action has a clear approach resulting from a sequence of thinking towards the goal to be achieved, and in order that the legal rule - to be developed - finds its acceptance by the highest degree criminal courts, and in order that it is adopted by the legislator, the criminal judge should adopt a certain methodology that matches his work. The developed judge is the one who keeps trying to harmonize the text with the new reality, and by doing this he may oppose the direction of the higher courts, but he convinces them through all the mental procedures and processes to show a “truth” on which the best solutions can be built.

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Publication Date
Wed Jun 15 2022
Journal Name
Journal Of Legal Sciences
Legal Effects of Personal Execution in the Administrative Contract

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

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Publication Date
Thu Aug 31 2023
Journal Name
Journal Of Legal Sciences
The Legal Nature of Independent Guarantees

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 Apr 01 2015
Journal Name
Al–bahith Al–a'alami
Legal Legislation and Freedom of Expression / Historical Approach

Freedom of opinion and expression occupy the first place among the concerns of countries and international organizations. And it is also the basis of contemporary freedom because it is the foundation for achieving freedom in other fields such as politics, economics, education, etc.. The constitutions of the state have ensured that almost the entire freedom to express an opinion in all its forms either orally or writing or images of expressions, but these freedoms are identified within the law. Most countries announced their commitment to the international conventions and texts issued by international and regional organization like the Universal Declaration of Human Rights in 1948, and the International Covenant on Civil and Political Rig

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