Preferred Language
Articles
/
lhe9sI0BVTCNdQwCERhV
Civil Liability of Hotels towards Victims of Sex Trafficking - A Study in Light of Iraqi and American Laws
...Show More Authors

In view of the large profits made by the sex trade on the one hand, and the minor penalties imposed on the traffickers (brokers) compared with the severe penalties imposed on the drug trade and illegal weapons, on the other hand, this trade has become popular and spread in most countries of the world, and the cornerstones of this trade and A safe haven for them is hotels, especially luxury ones with international brands where their guests are rich and some may look for sex for money. Given the great physical and psychological damage to the victims, this research highlights the civil liability of hotels towards these victims in US and Iraqi law.In order not to limit the scope of the researcher theoretically, we have supported a number of cases that were presented to the US judiciary exclusively for the absence of such cases before the Iraqi judiciary (as we know). In conclusion, we have reached a number of conclusions and recommendations that we wish the Iraqi legislator to adopt

View Publication
Publication Date
Wed Feb 10 2021
Journal Name
مجلة العلوم القانونية
The Civil liability of tobacco companies for smoking damage
...Show More Authors

Tobacco products of all kinds are harmful to public health, so legislation has paid great attention to regulating the process of tobacco production and distribution, whether at the level of national or international legislation, in a way that achieves legal protection for these products, so the establishment of civil liability for tobacco companies as a result of harm to the smoker The positive and the negative provoked a jurisprudential dispute due to the specificity of the work of these companies, and the jurisprudence differed in the legal nature of tobacco companies ’liability between contractual and tort liability in a way that enables the injured smoker to obtain his right to compensation.

Preview PDF
Crossref
Publication Date
Wed Feb 10 2021
Journal Name
Journal Of Legal Sciences
The Civil liability of tobacco companies for smoking damage
...Show More Authors

     Tobacco products of all kinds are harmful to public health, so legislation has paid great attention to regulating the process of tobacco production and distribution, whether at the level of national or international legislation, in a way that achieves legal protection for these products, so the establishment of civil liability for tobacco companies as a result of harm to the smoker The positive and the negative provoked a jurisprudential dispute due to the specificity of the work of these companies, and the jurisprudence differed in the legal nature of tobacco companies ’liability between contractual and tort liability in a way that enables the injured smoker to obtain his right to compensation.

View Publication Preview PDF
Crossref
Publication Date
Fri Dec 01 2017
Journal Name
Journal Of Legal Sciences
Damage to civil liability for aircraft accidents
...Show More Authors

That it is reasonable to assume that the repossive damage is the result of tort liability, but this has raised in our minds the question of the extent to which the damage arising from the liability may arise, not only from tort liability, and from the possibility that the damage is direct and not indirect, It is possible to try to prove that the injured person can be compensated for recidivism as a result of the realization of contractual liability in general, with a focus on achieving the contractual liability of the air carrier in particular.

Consequently, the study has worked to clarify the intentional damage to aircraft accidents and to distinguish between the liability of the carrier to the passenger as the original victim o

... Show More
View Publication Preview PDF
Crossref
Publication Date
Tue Jul 16 2019
Journal Name
Journal Of Legal Sciences
Compensation for civil liability arising from media damages
...Show More Authors

Freedom of opinion is one of the freedoms that constitutions and laws have guaranteed to protect and is exercised through the media. However, this freedom must be exercised within certain limits, which include respecting a person’s right to preserve his privacy, image and reputation. Just as the media has the freedom to exercise its right to publish and express its opinion with complete frankness, it is in return obligated to respect the rights of others and avoid defaming them and violating their privacy. If the media does this, the injured party has the right to demand compensation for the damage he has suffered as a result.

View Publication
Publication Date
Sat Dec 24 2022
Journal Name
Journal Of Legal Sciences
The Role of the Judiciary in Legislating Civil Liability for Damages Caused by Medical Errors
...Show More Authors

This research discussed the role of the UAE high courts in interpreting the legal texts governing the objective civil protection for the injured due to medical errors. It utilized many issued judgments and concluded the importance of these rulings in interpreting the legal texts provided in the relevant legislation. Also, it emphasized the impact of these provisions on the legislative amendments recently made by the UAE legislator, namely the Medical Liability Law No. 4 of 2016 and its Executive Regulation No. 40 of 2019. Although the UAE law does not follow the case law system, this study proved the commitment of the lower courts to the judicial principles issued by these higher courts. The first part highlighted the concept of medical

... Show More
View Publication Preview PDF
Publication Date
Wed Sep 09 2020
Journal Name
Academic Journal Of Legal And Political Research
Unilateral Contracts - A Comparative Study Under the American System and Iraqi Civil Law
...Show More Authors

At a time when the general rules in the different legal systems require the presence of two parties to the contract, one of which is issued the first expression of the will and is called the offer, and the other is issued from the other and is called the acceptance. A special type of contracts emerged in the beginning of the last century called the “unilateral contracts”. The side sparked a major jurisprudential dispute, as well as the issuance of several contradictory judicial rulings on it. Hence, this research came to highlight this special type of contract. Key words: the definition of a unilateral contract, its distinction from other legal situations, and its effects.

View Publication
Publication Date
Thu Dec 15 2022
Journal Name
Journal Of Juridical And Political Science
Civil Liability Arising from Children Abuse. A Comparative Study of American Law
...Show More Authors

Researchers are interested in the issue of children abuse and they look for its cause in the past and present. Their interest is limited to identifying penal liability which is caused by children abuse away from focusing on civil liability. So, the study is going to clarify the parents' responsibility for children abuse rather than civil liability of the medic in case he wouldn’t notify the authorities about the case according to the American law rules and the attitude of Iraqi law rather than some judicial application of civil cases that were exposed to American judiciary concerning children abuse.

Crossref
Publication Date
Thu Dec 15 2022
Journal Name
Journal Of Juridical And Political Science
Civil Liability Arising from Children Abuse. A Comparative Study of American Law
...Show More Authors

Researchers are interested in the issue of children abuse and they look for its cause in the past and present. Their interest is limited to identifying penal liability which is caused by children abuse away from focusing on civil liability. So, the study is going to clarify the parents' responsibility for children abuse rather than civil liability of the medic in case he wouldn’t notify the authorities about the case according to the American law rules and the attitude of Iraqi law rather than some judicial application of civil cases that were exposed to American judiciary concerning children abuse.

View Publication
Crossref
Publication Date
Wed Apr 07 2021
Journal Name
Journal Of Legal Sciences
Legal basis of the innkeeper obligation to ensure the physical safety of the guest in Iraqi and Egyptian law: A comparative study with the French and English laws
...Show More Authors

The 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 More
View Publication Preview PDF
Crossref
Publication Date
Thu Mar 21 2019
Journal Name
Journal Of Legal Sciences
The economic tortuous liability in English law. A comparative study with the illegal competition in the Iraqi law
...Show More Authors

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.

View Publication Preview PDF
Crossref