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APPLICATION OF FOREIGN LAW BEFORE THE EMIRATI JUDGE COMMENTARY ON THE RULING OF THE DUBAI COURT OF CASSATION IN APPEAL NO. 501 OF 2021 PERSONAL STATUS ISSUED JAN. 12, 2022
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This research addresses the commentary on the appeal’s ruling of the Dubai Court of Cassation No. (501) Personal Status law of 2021 issued on 12 January, 2022, which is related to the application of foreign law before the Emirate judge. This ruling raised several legal principles and problems that require clarification and attention due to their importance. This is the first ruling on the application of the legislative amendment introduced by the UAE legislator to Article 1 (3) of the Personal Status Law No. (28) of 2005 by Federal Decree Law No. (29) of 2020. According to thereto, the application of foreign law before the Emirate judge is contingent on the adherence of one of the litigants by applying it in accordance with the attribution rule mentioned in Article 13 (1) of the amended Civil Transactions Act in 2020.

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Publication Date
Sun Apr 01 2018
Journal Name
Journal Of Economics And Administrative Sciences
The importance of foreign direct investment in stimulating non-oil exports Of Iraq According to the Turkish experience
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Foreign trade is very important in global economies because of its impact on the sustainability of economic growth by stimulating economic activity, creating jobs and expanding production . On the other side , this policy is a major obstacle to many developing countries and the reason is due to the nature of the economies of those countries because they rely mostly on one or a few economic resources, which makes them rely mostly on exports to that resource while they import most of the needs of their  local market Which makes them in a spiral of underdevelopment ,  dependence and economic exposure, which requires them to break that cycle and the launch of economic development Perhaps one of the most important means to a

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Publication Date
Thu Feb 11 2021
Journal Name
Journal Of Legal Sciences
The Role of Supreme Fedral court in the Rationalization of lraq Parliamentary System According to the Coustitution of the Republic of Iraq 2005
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      تعد تقنية العقلنة ([i]) تقنية تطويرية للنظام البرلماني تعمل على معالجة الانحرافات التي يمكن ان تحدث لهذا النظام سواء بفعل النظرية او نتيجة للممارسة السياسية، ولعل اول من تحدث بموضوع (البرلمانية المعقلنة) الفقيه الدستوري الروسي الاصل (بوريس ميركن) في فترة مابين الحربين العالميتين (الاولى والثانية) واراد بها تقوية مركز الحكومة لمواجهة البرلمان، وقد اخذ بها واضعوا الق

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Publication Date
Tue Aug 15 2023
Journal Name
Journal Of Economics And Administrative Sciences
The Impact of Gross Domestic Product Response to the Money Supply Shock in the Iraqi Economy for the Period (2004-2021)
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The research aims to clarify the response of the GDP to the M1 shock. It includes access to the results using standard methods, where the standard model was built according to quarterly data using the program STATA 17. According to the joint integration model ARDL, the research found a long-term equilibrium positive for the relationship between GDP and the money supply in Iraq, as the change in the money supply by a certain percentage will lead to a change in GDP by about 71% of that percentage. In the event of a shock in the Iraqi economy, the impact of the M1 will differ from what it was before the shock, as the shock will increase its effectiveness towards GDP by about 10% more than before the shock. At the same time, the relationship

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Publication Date
Wed May 29 2019
Journal Name
Journal Of Legal Sciences
The Methodology of UAETrans Civil Actions Law Concerning Tort: An Analytical Comparative Study in Islamic Jurisprudence
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This paper deals with the position of the UAE Civil Transactions Law No. 5 of 1985 on the harmful act and how it dealt with this subject, and we know that the direct historical source of the civil transactions law is the Jordanian Civil Code. Some texts are quoted literally from this law. The Jordanian civil law is clearly influenced by the jurisprudence of Hanafi and the jurisprudential jurisprudence, while the general orientation of the UAE legislator is to adopt the most appropriate solutions in the jurisprudence with the introduction of the Maliki and Hanbali and Hanafi and Shafei, in the absence of legislation to rule the matter, the authors of the law The United Arab Emirates have changed some of the texts passed on to the Jordania

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Publication Date
Mon Dec 25 2023
Journal Name
Journal Of Legal Sciences
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 N

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Publication Date
Sun Apr 28 2019
Journal Name
Journal Of Legal Sciences
The guarantees to the rule of law Iraq and Algeria exemplar
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      ان اي مجتمع لابد له من سلطة تنظم امره وتدبر شؤونه لان المجتمع الانساني ضروري ويعبر الحكماء عن هذا بقولهم (( الانسان مدني بالطبع اي لابد له من الاجتماع ))(


[i]) ، وان مبدأ سيادة القانون يتطلب وجود دولة قانونية تقوم على اركان حقيقية تستمد قوتها من الشعب باعتباره مصدر السلطات ،ولها قوة ملزمة تستمدها من القواعد الدستورية التي ارست عليها بنائها القان

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Publication Date
Thu Aug 31 2023
Journal Name
Journal Of Legal Sciences
Enshrine the Principle of the Common Heritage of Humanity Within the Framework of International Law
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The international community began to realize, following the discovery of  vast wealth in areas that fall outside the territorial limits of states sovereignty, that the huge difference in scientific and technological development between developed and developing countries may give developed countries the opportunity to exploit these wealth, and this, in turn, will lead to a widening gap between countries, developed and developing countries, and the consolidation of the principle of inequality due to the lack of third world countries with the capabilities that allow them to participate in the exploitation of these wealth, and when these concerns came to the fore in the United Nations General Assembly in 1967, Ambassador Arvid Bardo, th

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Publication Date
Sat Jul 31 2021
Journal Name
Journal Of Legal Sciences
Criminal protection of mass graves under the provisions of international humanitarian law
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Genocide and crimes against humanity have a distinct meaning in that they are particularly reprehensible attacks that constitute a grave assault on human dignity or constitute a gross humiliation or degradation of the dignity of one or more human beings, and they are not isolated and sporadic incidents.

That the crime of mass graves as a collective genocide is considered a mass murder of a group of people that is carried out on a discriminatory basis with the aim of their total annihilation as a race, people, or a distinct group that is culturally, culturally, linguistically or religiously independent, or for any reason that distinguishes them from humans, and this is what happened with the crime of mass graves in Iraq. We have n

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Publication Date
Sun Oct 01 2023
Journal Name
Journal Of The Faculty Of Medicine Baghdad
Death rate and causes of death in the neonatal intensive care unit in the Children Welfare Teaching Hospital (2018-2021)
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Background: The first month of life is the most vulnerable period and mortality during this period is an important component of under-5 mortalities. Causes of death in this period are preventable like sepsis, RDS, and asphyxia, while others are not like multiple congenital abnormalities.

Objectives: To study the death rate and main causes of death in the neonatal intensive care unit (NICU) of the Children Welfare Teaching Hospital (CWTH) through the period (2018-2021).

Patients and methods: The death per year for the four years of the study and causes of death were collected retrospectively and analyzed for total death rate and rate for each year, sex distribution, male-to-

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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
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     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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