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The economic tortuous liability in English law. A comparative study with the illegal competition in the Iraqi law

The economic tortious liability in the English law is based upon economic Torts are considered as a type of the ancient and deep-rooted torts, aiming at breaching the rules of legal and equitable trade competition. and which are included in the customary English law of torts, based upon the judicial precedents decided by English courts. It is worth-bearing in mind that the economic torts are classified into two main types.  That is to say, the general economic torts and the misrepresentation economic torts. Whereas the Iraqi legislator left the regulation of the illegal competition to the general rules of the delictual liability in the Iraqi civil law No. (40) of 1951.

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Publication Date
Thu Jun 15 2023
Journal Name
Journal Of Legal Sciences
The Reliance Damages for Depending Upon the Contract - An Analytical Comparative Study with the Iraqi Civil Law

The reliance damages for depending upon the contract are considered as a type of damages arising from the breach of the contract, which are included within the common law remedies for the damage and loss suffered by the non-breaching party. It is worth-bearing in mind that the reliance damages are monetary in nature, and different from such equitable remedies as the specific performance and the injunction which are of real nature. It is to be noted that this piece of research is dedicated to study the concept of the reliance damages in the English law, as well as their states, the judicial doctrines upon which this type of damages is based, and the manner how the courts estimate them. Compared with situation of the Iraqi civil law No. (4

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Publication Date
Thu Jun 15 2023
Journal Name
Journal Of Legal Sciences
Criminal Protection for the Scientific Certificates in the UAE Law : A Comparative Analytical Study

At present, a scientific certificate has great importance as an indicator of the level of the educational qualification of a person, and a criterion on the basis of which job appointments are made. The title is granted by the scientific certificate. The status of the scientific certificate has had a dual effect. On the one hand, it encouraged persons to pursue educational attainment in order to obtain the highest scientific degrees and the associated moral and material advantages, and on the other hand. It prompted some to seek scientific degrees by any means or method and at any price in order to benefit from these advantages. This situation led to the emergence of unlicensed and fake universities that do not have a real presence on rea

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Publication Date
Fri Dec 14 2018
Journal Name
Journal Of Legal Sciences
The child right of body protection in the international law A comparative study in Islamic shree

The children are suffering from many kinds of tragedy acts such as killing and torture which arise from civil wars never be seen along the human history since decades.

We still see millions of children suffering specially in the Arab world, Iraq, Syria, Libya, and Yemen. This study deals with kinds of protections which comes by international treaties and practiced by international organizations which helps in the protection through the military conflicts, and we compare this right in the Islamic shree, and how the states are comply with this right and how can they protect the children practically.

At last we reach the conclusion and finally the recommendations.   

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Publication Date
Fri Dec 14 2018
Journal Name
Journal Of Legal Sciences
Amended Agreements of medical liability Comparative study between UAE and English law

 The study attempts to focus on the organized agreements of medical liability, after frequent use experience of these agreements, which come often either exempt civil liability or limit, which making the Researcher to submit the study to the light of the laws of the UAE and the law of English, to be collected in the final recommendations to guide the Legislature of UAE according to the Law of Medical Responsibility 2016.

The search consist of two main themes, dealt in the first section with the application of the terms of the exemption or limitation of responsibility in the general rules, and comparing with the agreements of Medical Responsibility, the second section focused on items that emphasize Medical Responsibility, be

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Publication Date
Mon Sep 02 2019
Journal Name
Journal Of Legal Sciences
The Special Conditions for the Crime of Extradition in Accordance With International Law Provisions and Iraqi Law

The title of this research is "The Special Conditions for the Crime of Extradition in Accordance With International Law Provisions and Iraqi Law." The examination of the conditions of extradition is of paramount importance because it establishes the general provisions on the basis of which extradition is made, if such conditions are met at the time of the issuing of the extradition decision. Crimes vary according to their types, gravity and description. For this reason, the conditions for determining the crimes in which extradition is permissible have been established. These conditions are that the crime committed is of a certain gravity. The second condition is dual criminality in the requesting State and the States to be extradited; th

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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

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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Publication Date
Fri May 31 2019
Journal Name
Journal Of Legal Sciences
(The Role of Bank Deposit Security Companies in Compensating Depositors (A study in Iraqi law

Given the fear felt by depositors whenever a financial crisis hits the banking sector, the idea of establishing institutions to compensate depositors in case the banking institution where they hold accounts is liquidated has been proposed. Advanced countries have worked on creating institutions that compensate depositors should their banks are liquidated because of financial problems.  Iraq is one of these countries. It promulgated the Bank Deposit Guarantee System No.3 of 2016, whereby companies called bank deposit security companies were established to compensate depositors.

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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

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

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Publication Date
Wed Dec 29 2021
Journal Name
Journal Of Legal Sciences
Conditions and procedures for the establishment of political parties in Iraqi law

The establishment of political parties in Iraqi law is subject to several conditions, including the conditions related to the principles and objectives of the parties and the conditions related to membership in the parties, as well as the establishment of a number of procedures. These conditions and procedures are governed by the Political Parties Law No. (36) of the year 2015, And another represents a restriction on the freedom to establish political parties and graduated from the framework of the organization authorized by the ordinary legislator under the constitutional assignment under the text of Article (39) of the Constitution to restrict and confiscation of the freedom to establish political parties, and we have finished through

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Publication Date
Mon Dec 25 2023
Journal Name
Journal Of Legal Sciences
The dialectic of the intercourse and the female's lack of consent elements in the crime of rape in Bahraini law: A comparative study

The crime of rape is based on three pillars, the objective pillar which is the act of intercourse, the victim’s lack of consent pillar, and the subjective pillar, which is in the form of criminal intent, and since rape is an intentional crime, there is stability in the legal trend on its content, which is the knowledge of the perpetrator and his willingness to sexually assault the victim without consent.

However, there are many controversial issues regarding the act of sexual assault and the lack of the victim’s consent which are studied in this article.  As the difference in the definition of sexual intercourse leads to the exclusion of many acts from the concept of the crime of rape, such as the difference in what is m

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