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The Gift in the English Law/ An Analytical Comparative Study with the Iraqi Civil Law
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The Gift is considered as a legal voluntary non-contractual transaction or disposition to transfer the granted property from the donor to donee  gratuitously or without consideration. It is also worth-bearing in mind that the want of the requirement of consideration is the reason that the gift is not classified within the scope of the contract. And it is normally classified into two types: The inter vivos gift  and gift causa mortis. It should also be noted that the donatio (or gift) inter vivos is applied to both the personal property or chattels and real property equally. As opposed to the gift causa mortis, which is applied to the personal property or chattels rather than the real property. Whereas both the Iraqi Civil Law No. (40) of 1951, regulated the gift and considered it as a nominate contract, concluded with or without gratuity. And generate a lot of obligations.

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Publication Date
Wed Feb 10 2021
Journal Name
Journal Of Legal Sciences
The Relationship developed between Law and Regulation and its Effect on the Rules of Distribution of Jurisdiction Between the Legislature and Executive Authority: A comparative study
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Sort out the stability of the principle of separation of power to stabilize the rules for the distribution of power to the three state authorities (legislative, executive and Judicial), this, in turn led to emergence of the principle of legislative unilateralism, which means that the legislative authority is unique and not the other by exercising legislative competence, except with the permission of the legislative or the provisions of the constitution, this led to the emergence of what is known as the traditional relationship between law and regulation. However, this principle began to lose it, severity due the political, social and economic condition which changed the relationship between the law and the regulation, consequently, the l

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Crossref
Publication Date
Sat Mar 31 2018
Journal Name
Al-anbar Univrsety Jornal For Law And Political Science
Civil liability of police officers arising from damage to High-Speed Pursuits - study in light of the position of law and the American judiciary
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Since the invention of the automobile, no aspect of American life, including crime and its control, has remained untouched by this far-reaching innovation in transportation. Vehicular "hot pursuit"-when suspects in motor vehicles use excessive speed in attempting to elude the police. Unfortunately, accounts of wild chases across crowded inner city streets, through tree-lined suburban boulevards, and over remote country roads are very real and not merely fictional material created for entertaining television and motion picture audiences. The specter of "hot pursuit," complete with screaming sirens and red or blue flashing lights, has become a recurring fact of modem life.1 So, too, are the mishaps involving police vehicles or the vehicles pu

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Publication Date
Wed Dec 29 2021
Journal Name
Journal Of Legal Sciences
Types of misrepresentation in English law and compensation resulting from it
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English law defines different types of fraud, and we do not find a counterpart in other legislations, relying on its distinction on the criterion of knowledge of the truth of the information presented, that is, determining the type of fraud depends on the extent of the owner of false evidence that it is not correct at the time of its issuance. These false statements are either issued from Accompanying the owner with his full knowledge of its content and in a way that makes it a presumption that proves his bad intention so that fraud is not innocent, or that it is issued by indiscretion and negligence and without a reasonable and logical basis on which it is based, then fraud is negligently, and finally that this data is issued by its own

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Crossref
Publication Date
Sun Sep 01 2019
Journal Name
Journal Of Legal Sciences
The minimum employee’s salary in the Iraqi Legislation: Comparative Study
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The subject of  "The minimum employee's salary  in the Iraqi Legislation" is a significant and practical importance for discussing the minimum range for salary as one of the important guarantees that approved by legislator in the civil law service and related laws based on the relied criteria and concepts that participate to decide that point. All that shall fit with general economical status and considering its development by routine viewing and increasing it based on the employee's status and his general position. This research will state the position of Iraqi legislator of reporting and adjusting the minimum range of employee's salary and comparing it with the status of  Egyptian and Lebanese legislators.  &nb

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Crossref
Publication Date
Thu Dec 15 2022
Journal Name
Journal Of Juridical And Political Science
Civil Liability Arising from Children Abuse. A Comparative Study of American Law
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Researchers are interested in the issue of children abuse and they look for its cause in the past and present. Their interest is limited to identifying penal liability which is caused by children abuse away from focusing on civil liability. So, the study is going to clarify the parents' responsibility for children abuse rather than civil liability of the medic in case he wouldn’t notify the authorities about the case according to the American law rules and the attitude of Iraqi law rather than some judicial application of civil cases that were exposed to American judiciary concerning children abuse.

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Publication Date
Thu Dec 15 2022
Journal Name
Journal Of Juridical And Political Science
Civil Liability Arising from Children Abuse. A Comparative Study of American Law
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Researchers are interested in the issue of children abuse and they look for its cause in the past and present. Their interest is limited to identifying penal liability which is caused by children abuse away from focusing on civil liability. So, the study is going to clarify the parents' responsibility for children abuse rather than civil liability of the medic in case he wouldn’t notify the authorities about the case according to the American law rules and the attitude of Iraqi law rather than some judicial application of civil cases that were exposed to American judiciary concerning children abuse.

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Crossref
Publication Date
Sat Sep 30 2017
Journal Name
College Of Islamic Sciences
Ruling on questioning children by the security authorities: (Comparative Study between Sharia and Law)
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Some of the issues that have become common in our society recently after the Americans entered our country and were rubbed by some security agencies: obtaining some information from children, and the serious consequences that may lead to the lives of innocent people, became common interrogation of some security agencies and rely on their words.
There are significant cases where their testimony needs to be heard, such as their presence in some places where incidents are not witnessed by others, such as schools or being witnesses to certain crimes.
I saw the study of this case in the light of Sharia and law

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Publication Date
Wed Oct 30 2019
Journal Name
Journal Of Legal Sciences
The responsibility of the maritime agent in Iraqi legislation: A comparative study
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The study of civil liability is one of the most important issues of interest in all jurisprudential, judicial and legislative direction, because of the problems and difficulties it requires. the solution requires a focused effort that sets its source, basis, scope, and control with extreme care and accuracy to achieve the right and enable the injured party to obtain fair compensation both with scope of the contractual or tort liability.

In fact, the contract of the maritime agency is what is called the comparative jurisprudence (the contract of the ship's agency) connecting between the terminals of the maritime carrier on the on hand and the maritime agent on the other hand. It is the source of responsibility of each party to the

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Crossref
Publication Date
Fri Jan 10 2020
Journal Name
Journal Of Legal Sciences
The Doctrine of Good Faith in English Law Acceptation or Rejection: دراسة في ضوء احدث القرارات القضائية الانكليزية
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This article considers the doctrine of good faith in English law of contract. It analyses the different decisions of courts and the opinions of scholars and assesses whether good faith is general doctrine in English law of contract or not? It has been found that there is traditional English hostility towards a doctrine of good faith. However, in the last six years, a judicial trend, supported by some English scholars, has begun to argue that the principle of good faith should be adopted in the law of contract. This trend tries to implication contracts the duty of good faith as a implied term.

The recent attempts of the Judge Leggatt and subsequent judicial decisions that have adopted his approach, although not yet reached its goa

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Crossref
Publication Date
Fri Apr 01 2016
Journal Name
Al–bahith Al–a'alami
Building Electoral Posters An Analytical Study of the Electoral Campaign's Posters of the Iraqi Representative Council in 2014
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The electoral poster is the most important means and methods of the electoral campaign because of its advantages and capabilities if it is organized properly. It is an intensive propaganda message with psychological figures and semiotic connotations belonging to sub-culture. Its construction depends on a group of elements (logo, photo symbols, color and picture) and their consistency is varying from one to another. Posters must be committed the determinants of attraction, excitement, simplicity and clarity. They are working according to the following base: (fixed audience X moved recipients) and walking towards (moving X moving) due to the technical development of optical screens. These developments require double the force of the impact

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