في عالم محدود المساحة، يُحاط المُلاك دائما بأخرين مجاورين لهم، وبالتالي، لا يكاد يوجد نشاط قد يُمارسه المالك على أرضه لا يكون من شأنه ان يؤثر على المالكين الآخرين. فإذا قام ببناء مبنى ما، فقد يحجب ذلك المبنى أشعة الشمس او الهواء عن المباني المجاورة له والمملوكة لأشخاص آخرين. وإذا كان يدير شركة ما، فقد تكون الأراضي المجاورة لتلك الشركة مثقلة بالضوضاء أو حركة المرور المصاحبة. وإذا كان يُنقب عن النفط في أرض ما، فقد تُحرم الاراضي المجاورة من النفط أو يتعرض أصحابُها للأبخرة سامة. من هنا تأتي أهمية البحث في نية الإضرار بالغير بإعتبارها إحدى أهم صور التعسف في إستعمال الحق (سيما في إطار علاقات الجوار)، إذ تارة تكون هذه النية وسيلة لتحقيق غاية معينة، وتارة أخرى تكون هي الغاية التي يسعى الفرد المُتعسف لتحقيقها.
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
... Show MoreThe research focused on important legal issues that have been formulated in questions such as: What is the concept of immunity and what is its purpose? , In other words immunity from whom? In what circumstances?
We also ask ,Does sovereign immunity principle , apply as absolute doctrine or have limitations been dealt with in national jurisdiction? On the question of what are the grounds for the distinction and partnership between the concept of sovereign immunity and the concept of diplomatic immunity?
Has sovereign immunity been affected by the pursuit of grave and terrorist violations, in particular, contrary to what international practices have been in the past as a sanctuary in which states and officials are pro
... Show MoreThe right to nominate and vote is one of the most important political and constitutional rights of citizens in general and public officials because it is related to the popular will, and as they represent the legal way to exercise sovereignty through the selection of members of Parliament to take over on behalf of the nation.
However, these rights, like other rights, are subject to legal regulation. Therefore, the constitutions meant it to give them a great deal of prestige, and the various laws dealt with it by defining the electorate and the conditions that should be fulfilled in the candidate and the voter.
Countries differ in their position of the public servant as conditions for membership in the Parliament, with set
... Show Moreالأحكام القانونية للجرف القاري في القانون الدولي
The Contracts must be executed according to their content. Therefore, the parties must fulfill their obligations as stipulated in the contract content. If one of them Do not execute his obligations, his contractual responsibility is to breach the contractual content of his contract.
This principle does not differ in law, but the difference lies in what is wrong or not, as well as different ways to address this breach.
The breach is not limited to the failure of the parties to fulfill the obligations under the contract, but the description of the breach applies to the cases of non-implementation of obligations not mentioned in the contract - secondary obligations - and the liability is also contractual, by virtue of chargi
... Show MoreWhat is meant by objectives: the purpose, secrets, judgment, and interests that the legislator set for each of its rulings is a doctrine and a law.
Faith is belief with certainty in God Almighty, and what is required of him in his divinity, lordship, names and attributes, belief in his angels, books, messengers, the Last Day and destiny, both good and bad.
And the purposes of faith are the wisdom and secrets contained in the Islamic faith and which achieve human well-being and happiness in the immediate and the future. And that the purposes of belief and faith are the essence of religion, rather it constitutes a basic pillar on which the basis of the intentional consideration as a whole, because the structure of worship i
... Show MoreEnvironment suffered in recent years a large corrupting by human; and because of his ignorance of the dimensions of Caliphate in the ground and ignore what it means gearing. The gearing is that the son of Adam, which will benefit the board of Allah Almighty to him in the land of the causes of life, without exaggeration or negligence and without prejudice to the cosmic Balnoames enacted by the Almighty Creator, has urged verses of the Quran Muslim to preserve and protect the environment which is a religious duty, as it showed a great verses he is the author and the splendor and beauty of workmanship and manufacturer greatness of the Almighty, who created all things beautiful.
Koran played a major role in the consolidation of environmen
This is a philosophical statements regrading the structural and functional ponds between criminal law and philosophy.
Aiming to prove the practical value of philosophy regarding the question of the true nature of law in general and criminal justice – law in particular.
We try to revel the deepest connections that shape the fundamental character us tics of law in reality far from the misunderstanding general by social, political and cultural influences that affection negatively the efficiency of the law.
The elementary question of the study is how to
... Show MoreThis study is about the subject of exclusion of the application of foreign law as it violates the Islamic Sharia law in terms of Article (27) of the UAE Civil Transactions Law as amended in 2020, which before that date included all disputes involving a foreigner. According to the amendment referred to, the application of Islamic Sharia law shall be limited to civil transactions with the exclusion of personal status affairs.
The study concluded with many results, the most important of which is that the current text of Article (27) of the Civil Transactions Law as amended in 2020 is unable to explain what the judge may do in cases where the foreign law jurisdiction is referred to in one of the excluded texts, namely those related t
... Show MoreThe research came to study one of the most important legal rights of the public employee in the Kurdistan region, which is stated at "The Salaries and State Employees Law No. 22 of 2008" and other relevant legislation in force of Kurdistan Region, which is the right to be promoted as one of the financial and moral rights of the public employee, where he Highlight the decision to suspend the legal system for promotion by a decision issued by the executive authority in the region, which is Administrative decision No. (11) for the year 2016 and was issued by the Ministry of Finance and Economy in the region.
The study concluded the illegality of the aforementioned decision, especially in terms of the defect of gross lack of ju
... Show More