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The intention to harm others is one of the forms of abuse of the right - a study in the light of American law

In a world of limited space, the owners are always surrounded by others next to them, and, consequently, there is hardly any activity which the owner may exercise on his land which would not affect the other owners. If he builds a building, that building may block the sun's rays or the air from the buildings next to it and owned by other people. And if he runs a business, the lands adjacent to that business may be overburdened with the accompanying noise or traffic. If oil is prospected in a land, the neighboring lands may be deprived of oil or their owners may be exposed to toxic fumes. Hence the importance of researching the intention of harming others, as it is one of the most important forms of abuse in the use of the right (especially in the context of neighborly relations), as sometimes this intention is a means to achieve a specific end, and at other times it is the end that the abusive individual seeks to achieve.

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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

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
Fri Dec 14 2018
Journal Name
Journal Of Legal Sciences
Abuse of power is a defect of will in English law A comparative study of Iraqi law

Undue influence is considered as a vitiating factor or defect in English law. It is a dominating influence, with which the ascending party enjoys, and which enables him to exert an illegitimate pressure on the unduly influenced weaker party, in order to induce, or force him, to conclude a contract and enter into a transaction, against his will. It is also worth-bearing in mind that the doctrine of undue influence is an equitable one, originating from the rules of equity, applied by English courts of equity, and by which these courts set aside unconscionable bargains, in which one party is in a position to exploit the weakness of the other.  It is also worth-mentioning that this doctrine has been included in the English common law. W

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Crossref
Publication Date
Mon Dec 23 2019
Journal Name
Journal Of Legal Sciences
The Israeli and American challenges for Palestinian Refugees Return and the suggested mechanisms to confront it " Analyzing study in the light of rules of the international humanitarian law "

The refugees' issue is the essence of the Palestinian cause as a political, legal and humanitarian one that afflicts every Palestinian, and its repercussions are inherited through generations, because of the suffering, displacement, misery and deprivation that the refugees still suffer. The State of Israel pay a lot of effort to prevent the Palestinians from this right, and is responsible for their plight and displacement because of the racist laws imposed and enacted by it, in addition to the bias of the United States of America alongside Israel in light of the weakness of the international community and the politics of the one pole. This requires the search for alternatives and solutions to enable the Palestinian refugees to exercise t

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Crossref
Publication Date
Thu Mar 09 2023
Journal Name
Tajseer Journal For Multidisciplinary Research And Studies
The general principle governing the duty of care (Study in the light of English law)

The duty of care is the essence of the error of negligence under the English legal system, and without it, responsibility for negligence cannot be judged, regardless of the extent of the damage incurred. contained in English law. In view of the importance of proving the existence of the duty of care on the defendant so that it is possible to judge his responsibility for negligence, the need arises to find a general principle to which the defendant is subject in order to decide whether he owes the plaintiff with the duty of care and therefore responsible for the negligence, and this is what we will explain in the research topic the study.

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Publication Date
Tue Jul 16 2019
Journal Name
Journal Of Legal Sciences
The idea of Silence Right in Period of Contractual Negotiation Study in the Anglo-American legal system

The period of negotiations is essential in the formation of contracts especially economic importance, but the legal value varies from legal system to another, where the freedom of negotiation is absolute in the Anglo-American system, which leaves its impact on the duty of the flags regarding the principle of good faith in the stage of negotiations nodal.

The Anglo-American legal system recognizes the rule of the right to remain silent. The buyer's responsibility at the negotiation stage is that it rejects the principle of good faith at this stage, and then attempts to achieve justice through other mechanisms surrounding the principle. A number of exceptions are broadly decided to the degree Can be said to be working to achieve th

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Crossref
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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Crossref
Publication Date
Thu Feb 11 2021
Journal Name
Journal Of Legal Sciences
Autonomous weapons in the light of the principles of international humanitarian law

This paper deals with "the prohibition of autonomous weapons in the light of the principles of international humanitarian law", The autonomous  weapon is the newly developed type of weapon, and it is the latest of the genius of the human race in finding another "automatic" race to undertake combat operations on its behalf, However, this matter was not left at all, Rather, each party to the armed conflict must abide by the principles of international humanitarian law to avoid the harmful effects of that weapon, In particular, adherence to the text of Article 36 of the First Additional Protocol of 1977, which obliges the Contracting Parties to conduct a review of their weapons before their launch to find out what is prohibited and per

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Crossref
Publication Date
Tue Mar 30 2021
Journal Name
College Of Islamic Sciences
The wisdom of establishing the right by testimony in jurisprudence and law

 

Abstract

Islam has been concerned with preserving and maintaining rights, so the provisions in which it is preserved are legislated. Among that  is the testimony that made it a way to prove the truth and obliges its bearer to fulfill right in order to preserve the right and establish justice and prevent injustices by defying conflict, and tyranny .

And while acknowledging that divine absolute wisdom that is the cause and origin of legal rulings is sufficient, it is obligatory to abide by its provisions and imposes obedience, surrender, contentment and work in accordance with its controls.

However, the realization of the defects behind the legislation in a comprehensive way that realizes the dev

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Publication Date
Thu Jun 28 2018
Journal Name
Journal Of The College Of Education For Women
The literature of the teacher and learner is a study in the light of “Holly Quran

Praise be to Allah, Lord of the Worlds, teach the pen, taught the human what he didn't know, Ihmad - Almighty - and thank him, and repent to him and ask forgiveness, which is the most forgiving, and bear witness that there is no god but Allah alone has no partner, gives and prevents, And I bear witness that Muhammad is  a slave to Allah  and his Messenger, who called for guidance and good speech and spoke, peace be upon him and his family and companions, and those who followed them until the Day of Judgment.

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Publication Date
Tue Dec 31 2019
Journal Name
Revue Académique De La Recherche Juridique
Compliance in Reality Television Programming Contracts -A Legal Study in light of the American Experience

The development of the television industry has led to the emergence of a new type of entertainment program in which producers have abandoned stereotypes in traditional programs, known as (Reality TV show). This type of program has spread rapidly in America, (where there are more than 40 series of these programs), as well as Europe and more than twenty countries around the world, including the Arab countries, where the number of these programs today to about 1000 programs and the number is increasing , Especially with the readiness of the production networks to produce more of these programs for the huge profits they derive from them (because of the high viewing rates and the large number of ads broadcast through them) in return for low prod

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