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مضمون العقد- دراسة في ضوء المرسوم التشريعي الفرنسي رقم 131-2016 الصادر في 10/شباط/2016

من المفاهٌم المستحدثة التًي جاء بها مرسوم تعدٌيل القانون المدنً الفرنسًي رقم 131-2016 والصادر فًي شباط/ 2016 ،والتًي اثارت جدلا فقهٌيا سواء على مستوى الفقه الفرنسًي او العربًي، مفهوم (مضمون العقد) الذي حل كما ٌيبدو من ظاهر المواد القانونٌة المستحدثة محل ركنًي السبب والمحل فً العقد، وهما الركنان اللذان شكلا وعلى مدى مائتي عام ونيف احدى المرتكزات الاساسٌة فً تقنٌين نابلٌون. فهل ان مرسوم التعدٌيل قد تخلى بالفعل عن هذٌين الركنٌين، ام ان جل ما فعله هو تغيير فًي المصطلحات مع المحافظة على مضمون هذٌين الركنٌين بشكل ضمنًي، هذا ما سنحاول بٌيانه فًي هذا البحث فًي ضوء ما هو متاح من المصادر الحدٌيثة التًي عالجت مفهوم مضمون العقد فًي ضوء مرسوم التعدٌيل.

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Publication Date
Thu Apr 30 2020
Journal Name
Journal Of Economics And Administrative Sciences
Evaluating the quality of municipal services according to the financial budgets for years 2006-2016 Analytical research in Diwaniyah Governorate

The research aims at determining the main reason for the deterioration of the services and determining the correct method of distributing the funds to the administrative and administrative units. The discrepancy between the size of the financial allocations and the municipal services was the main research problem. Therefore, the researcher identified the gaps in municipal services by the concerned departments and compared them with The percentage of funds obtained through the work of a checklist for each of the directorates concerned. The researcher studied the specific criteria for these services, which were approved by the Ministry of Construction, Housing, Municipalities, and Public Works, and compared them wi

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Publication Date
Mon Dec 23 2019
Journal Name
Journal Of Legal Sciences
The social effects of the legislative omission: دراسة مقارنة

The effectiveness and quality of legislation depends on the extent to which they respond to the political, social, economic and moral reality. The quality of the legislation is not limited to professional drafting, accuracy, clarity, comprehensiveness, accessibility and understanding, but also depends on the reality of this legislation and its acceptance and application by those who are addressed to them. Therefore, any shortage or deficiency in these legislations would make these laws separate from the reality and enter into the circle of legislative alienation. In this study, we tried to focus on the social effects of the legislator's failure to organize all the necessary aspects of the effectiveness of rights or liberties subject of o

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Publication Date
Fri Dec 31 2021
Journal Name
مجلة السلام للعلوم الإنسانية و الاجتماعية
دور مدة العقد في المرحلة السابقة للتعاقد

يعتبر الزمن من اهم الاساسيات التي يتم الاتفاق عليها في العقود ، لان البعد الزمني له اثر كبير في احكام العقود جميعا ولا يقتصر على طائفة معينة منها ، وقد نادى فقهاء القانون الفرنسيون والعرب على حد سواء بضرورة إيلاء هذا البعد اهتماما خاصا. وقد استحدث المشرع الفرنسي نتيجة لذلك مصطلح مدة العقد، لمحاولة حصر العناصر الزمنية، وبيان احكامها، والتمييز فيما بينها. اما في الوطن العربي فلم يحظ بنفس الاهتمام الذي حظي به عن

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Publication Date
Sun Jan 03 2016
Journal Name
Journal Of The Faculty Of Medicine Baghdad
Role of Ultrasound and computed tomography in assessment of abdominal lymphadenopathy and splenomegally in lymphomas

Background: lymph nodes involvement is the most common presentation of abdominal lymphoma; their diagnosis is based on variety of imaging modalities, histopathology of different areas of involvement and stage of the disease.
Objective: to compare the value of abdominal ultrasound (US) and computed tomography (CT) scan in already diagnosed cases of lymphoma and evaluation of lymph nodes and splenic involvement in patients with proved lymphoma.
Patients and methods: thirty patients with lymphoma were gathered from hematological unit in Baghdad teaching hospital retrospectively depending on their histopathology that revealed either Hodgkin lymphoma (HL) or non-Hodgkin lymphoma (NHL) and they were examined by ultrasound and CT scan of

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Publication Date
Tue Mar 19 2019
Journal Name
Journal Of Legal Sciences
The Legal Nature of Exception of Contract Non-Performance In The French Civil Code "Comparative Legal Study: Comparative Study

The exception of contract non-Performance represents an important mechanism in the implementation of obligations. It enables a contractor to refrain from implementing its obligation until the other party has fulfilled its obligations. It is a means of defense, pressure and guarantee of its rights. It is stipulated in articles 161 of the Egyptian Civil Code and Article 123 of the Civil Code While it was not provided for in the French Civil Code except after the issuance of Order No. 2016-131 on the reform of the system of contracts and public order and the establishment of obligations in articles 1217, 1219 and 1220 thereof. These texts, although they did not show the basis on which the exception of contract non-Performance, leaving this

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Publication Date
Thu Aug 31 2023
Journal Name
Journal Of Legal Sciences
Evidence- Based Premature Termination Implicit: Comparative Study in Contract Theory

For the premature termination of the contract is the creditor’s ability to request the termination of the contract due to the debtor’s breach of the execution date based on the debtor’s explicitness not to perform upon the occurrence of this date or because of a presumption proving that breach. Or return it to the extent of the creditor’s ability to prove what he claims, and thus the burden of proof falls on the creditor.

There is no difficulty in proving the debtor's declaration of non-performance, but the difficulty lies in proving the perceived breach in the future, that is, the creditor concludes earlier on the date of implementation that the debtor will breach his obligation and therefore the creditor does not obtain

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Publication Date
Wed Jan 23 2019
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
Risk of non-compliance and its impact on the profitability of Islamic banks: (Applied res earch in the Islamic Cooperation Bank)For the years (2016-2012)

This research deals with the risks of non-compliance and its impact on the profitability of Islamic banks. Research variables were measured and analyzed as the risk of non-compliance as an independent variableand profitability as a dependent variable. The profitability was measured by three indicators ((rate of return on assets, rate of return on equity and rate of return on Total deposits)) The results of the research showed a significant relationship between the risk of non-compliance and the rate of return on assets and rate of return on total deposits, while there was no relationship between the risk of non-compliance and rate of return on ownership. The research recommended that the senior management of the Islamic Investment Bank s

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Publication Date
Sat Dec 24 2022
Journal Name
Journal Of Legal Sciences
The Legislative Framework of Public Utility Concessions Award : A Comparative Study

      Public constructions contracts and concession, have been a link between the public and private sector for decades and we may find serious  international efforts to consider it as an effective economic and legal means of providing public services(legislative framework), in the same time prevents states from drowning in loans, regrettably that Iraqi and Arab jurisprudence is still influenced by  old version of oil concession agreements,  in its research writings about the partnership between public sector and private sector. We have studied in detail the legal mechanism of concession award especially in France, We also studied the position of Egyptian legislation and focused on constitutional l

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Publication Date
Fri Feb 01 2019
Journal Name
Journal Of Economics And Administrative Sciences
Impact of quantitative (indirect) instruments of monetary policy on some indicators of financial stability in Iraq for the period (2003-2016)

The indirect monetary policy tools led to financial stability for the period being studied through the use of indicators of financial stability (aggregate) to show the effect of the foreign reserves of the Central Bank of Iraq and its indirect instruments in achieving financial and economic stability, especially after the significant decline in oil prices and dependence of the Iraqi economy on Oil (rent) and lower reserves of the Central Bank of Iraq after 2014 and now compared to previous years, the goal of this research is to achieve financial stability according to selected indicators and achieve an optimal monetary policy to achieve the development goals of The economic policy in the country. Standard models were used to test

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Publication Date
Sat Dec 01 2018
Journal Name
Journal Of Economics And Administrative Sciences
The impact of electronic banking transactions to increase the net revenue of the Bank of paypal in United States of America for Period ( 2010-2016 )

Abstract

   It is clear to everyone how important it is to implement transactions electronically, as it facilitates the provision of services to beneficiaries, whether individuals or institutions, to achieve many benefits that are not exclusive to the beneficiary or the applicant, but extends to the governmental and international bodies. And the number of users has reached millions since its emergence in 1995, because the concepts of electronic transactions have great advantages for the economy in general and the banking sector in particular, so cooperation in various fields with the aim of becoming an information society has become paramount, It allows customers to pay money to any company they want t

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