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.
The authority of the state to regulate the entry and residence of foreigners to it is characterized by a great deal of freedom, and it is limited only by the rules of international law that impose on states to respect the minimum standard in the treatment of foreigners, in order to achieve the optimum protection of human rights, regardless of the society in which they live, without consideration. Regarding his nationality or his country of origin, and whatever that may be, the foreigner has now become one of those addressed by the provisions of the law of the country in which he resides, and he enjoys the rights guaranteed by his human being, without regard to his country and nationality, in oth
... Show MoreThe contract for iease public hospitals to the private sector is one of the administrative contracts in which all the elements of the administrative contract are available. It is signed by the administration represented by the Minister of Health. It is presented to a public hospital which is one of the public facilities that provide medical services. The Ministry of Health may also apply to the Leased Hospital. It may also amend the contract in accordance with the public interest, in addition to the possibility of dissolving the contract without recourse to the courts in case the tenant violates the terms of the contract, The State resorted to it in the event that it is unable to provide medical services within the required range, as it
... Show MoreThe legal basis for the obligation of the innkeeper to ensure the safety of things does not pose any problem, because the comparative legislation was organized by explicit legal texts, but the problem arises with regard to the legal basis of the innkeeper's obligation to ensure the physical safety of the guest, as these legislation lacked explicit provisions about it, and left the organization of the general rules, which Open the door to jurisprudence, where the foundations laid by the jurists, within the scope of civil law, unlike the English legislator, which organized it as a general duty in the landlord law of 1957, and some consumer protection laws implicitly referred to the obligation of the innkeeper To ensure the safety of the bo
... Show MoreWater wealth is one of the most important natural resources in the world, and it has gained the attention of the international and national community alike in view of its great role in achieving water and food security, including the natural resources it contains, both living and non-living, as well as its importance in the field of industry, tourism and transportation, but there are several Obstacles facing this wealth such as climate fluctuations, environmental pollution, the use of traditional methods of irrigation, the policies of neighboring countries and the continuous increase in the population .. etc. ,which requires the possession of the competent administrative authorities to organize and protect this wealth, preventive and cur
... Show MoreThe 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
... Show Moreان ظاهرة الالعاب المحرضة على العنف اصبحت منتشرة في الاسواق بشكل واسع الذي يعزو الى ضعف القوانين والانظمة والتعليمات المطبقة بحق المتاجرين وبالتالي انعدام التطبيقات القضائية ، ولخطورة التوجه الكبير لهذه الألعاب ، كما ان البحث في هذا الموضوع وتحديد مسؤولية المتاجر بهذه الالعاب يجعل الدولة أكثر تحكما في هذه الظاهرة وتساعد على الحد من انتشارها ومن ثم تخفيف حدة العنف السائد في المجتم
... Show MoreThe contract valuable by itself cannot be a source of punishment, but the legislator penal has estimated the seriousness of the breach of some contracts entered into by the official bodies or government with each other or with third- party view of the consequent adverse effects on the administration itself and the beneficiary citizen of the commodity or service subject of the contract therefore the legislator criminalizing bribery, fraud ,forgery and illegal use of contracts or compromising the freedom and safety of bids or tenders abuse of public office intent to damage public or private interest accordingly , this research deal with for the theoretical framework criminalization and punishment within the scope of government contra
... Show MoreThe English judge while dealing with the contractual breach، takes into account an aim that the legal solution he makes consistent with justice. Such concept allows the judge to order for the specific enforcement of the debtor’s contractual obligation if the compensation was not a sufficient remedy to redress the damage resulting from that breach. However، the conditions imposed by the rules of justice and the impediments that make the technical scope of this remedy very limited in the positive aspect. And modest in his negative one '' injunction''. Despite of its complementary function among the remedies for contractual breach، specific enforcement in English law may affect legal consequences because of its unique nature، some of
... Show MoreResearches military crimes is important and dangerous and it is important in it is violation of the obligation and all forms military order in all, it is dangerous because it affects the interests of the armed forces , military crime is a loophole whose effects are not tangible in normal circumstances however ,in the crises and wars ,they have serious dimensions , one of the most dangerous and crimes is the crime of fleeing and because the great importance of this crime will be dealt with in two section will be devoted the first of the concept of the crime of fleeing and the second will address the legal concept of this crime.
The Corona pandemic has raised many repercussions on all levels and fields, and several questions have arisen, especially in the legal field, where many responsibilities arise due to the way this pandemic is dealt with, exploited by some, or neglected some obligations imposed to confrontit. Civil responsibility emerges as an important part in the scope of dealing with the effects of the Corona pandemic, as some people deliberately or negligently tend to harm others, which calls for resorting to the provisions of civil responsibility. It seems that the burden of civil responsibility falls not only on individuals, but also on private and public legal persons alike.