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.
The study aimed to shed light on the provisions of the lease of the common money as a whole or the common share, these provisions still raise problems when applied, and the fact is that the lease contract concluded by all or one of the partners with others is based on the exchange of a clear benefit, which is the exploitation of the real estate that is a circle between these partners Considering that they are one person in the eyes of the law and he is the landlord or by one of their partners, the researcher compared the texts of the articles of the Journal of Justice Rulings - from which most of the rulings were derived because they are applied in Palestine - with the texts of the Egyptian Civil Code No. 131 of 1948; This is to make a b
... Show MoreIs a theme of foreign direct investment and indirect interest of the world, especially developing countries, and the growing interest in recent issue of investment in Iraq and the region being one of the countries aspiring to attract foreign investment, especially in the natural resources sector, having changed relatively Look uncertainty towards foreign investors, both of by the state or its citizens.
Although mutual cooperation between the state invested and investors to identify those rights and obligations in terms of scope or content of the contract between the parties, but it might get a conflict between the two parties in the exact content of the rights enjoyed by the investor and the obligations due to breach of one of th
... Show MoreSome of the issues that have become common in our society recently after the Americans entered our country and were rubbed by some security agencies: obtaining some information from children, and the serious consequences that may lead to the lives of innocent people, became common interrogation of some security agencies and rely on their words.
There are significant cases where their testimony needs to be heard, such as their presence in some places where incidents are not witnessed by others, such as schools or being witnesses to certain crimes.
I saw the study of this case in the light of Sharia and law
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
... Show MoreThis 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
... Show MoreThe study of civil liability is one of the most important issues of interest in all jurisprudential, judicial and legislative direction, because of the problems and difficulties it requires. the solution requires a focused effort that sets its source, basis, scope, and control with extreme care and accuracy to achieve the right and enable the injured party to obtain fair compensation both with scope of the contractual or tort liability.
In fact, the contract of the maritime agency is what is called the comparative jurisprudence (the contract of the ship's agency) connecting between the terminals of the maritime carrier on the on hand and the maritime agent on the other hand. It is the source of responsibility of each party to the
... Show MoreThe mediation system is based on settling the dispute amicably through the intervention of a third party by bringing views closer away from the judiciary, which is an amicable way to settle disputes, which disputants resort to voluntarily, but some Western legislation has begun to impose resorting to mediation to settle disputes compulsorily, to take advantage of its advantages, get rid of the disadvantages of resorting to the judiciary in some disputes, and relieve pressure on the courts.
This paper aims to build a modern vision for Islamic banks to ensure sustainability and growth, as well it aims to highlight the positive Iraqi steps in the Islamic banking sector. In order to build this vision, several scientific research approaches were adopted (quantitative, descriptive analytical, descriptive). As for the research community, it was for all the Iraqi private commercial banks, including Islamic banks. The research samples varied according to a diversity of the methods and the data availability. A questionnaire was constructed and conducted, measuring internal and external honesty. 50 questionnaires were distributed to Iraqi academic specialized in Islamic banking. All distributed forms were subject to a thorough analys
... Show MoreBecause bank deposits, whether cash deposits or securities deposits, entail obligations on the bank, it is natural that violating these obligations results in the realization of its civil responsibility, and responsibility in its general meaning is culpability and liability. The source of this obligation was the agreement or the law, and the work of the rules of civil liability is based on the availability of three pillars, which are the error, the damage and the causal relationship between them, and as long as the bank deposit is a contract, the responsibility of the bank in the event of a breach of one of the obligations arising from this contract is definitely a contractual responsibility, but it may be imagined The establishment of t
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