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Legal protection for producers of phonograms in Iraqi law
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Piracy on phonograms is now, rightly, the crime of the electronic age. Despite the protection sought by States to provide for such registrations, whether at the level of national legislation or international agreements and conventions, but piracy has been and continues to pose a significant threat to the rights of the producers of those recordings, especially as it is a profitable way for hackers to get a lot of money in a way Illegal, which is contrary to the rules of legitimate competition. Hence, this research highlights the legal protection of producers of phonograms in light of the Iraqi Copyright Protection Act No. (3) of 1971, as amended.

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Publication Date
Thu Aug 31 2023
Journal Name
Journal Of Legal Sciences
Standard Protection for the Human Genome
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The legal protection of the human genome is an ethical issue related to the future of human existence.  After the disclosure of the human genetic map, scientific practices and research related to the human genome increased, especially the negative applications of genetic engineering that violates basic human rights, especially the right to human dignity, and pose real challenges to the existence and diversity of  Present and future generations. Therefore, the existence of legal rules at the national and international levels is an absolute necessity to prohibit these threats and to arrange civil and criminal liability for those who violate them.

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Publication Date
Thu Jun 15 2023
Journal Name
Journal Of Legal Sciences
The Reliance Damages for Depending Upon the Contract - An Analytical Comparative Study with the Iraqi Civil Law
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The reliance damages for depending upon the contract are considered as a type of damages arising from the breach of the contract, which are included within the common law remedies for the damage and loss suffered by the non-breaching party. It is worth-bearing in mind that the reliance damages are monetary in nature, and different from such equitable remedies as the specific performance and the injunction which are of real nature. It is to be noted that this piece of research is dedicated to study the concept of the reliance damages in the English law, as well as their states, the judicial doctrines upon which this type of damages is based, and the manner how the courts estimate them. Compared with situation of the Iraqi civil law No. (4

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Crossref
Publication Date
Tue Dec 21 2021
Journal Name
Journal Of Legal Sciences
International protection for human rights activists
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Despite the primary role of governments in assuming the primary responsibility in protecting human rights in accordance with international human rights standards and instruments, they are not the only party responsible for ensuring the implementation of those rights. Individuals themselves have a duty towards their society to observe, respect and promote those rights and freedoms and work to protect them by means. All, and this is confirmed by Paragraph (1) of Article (29) of the Universal Declaration of Human Rights of 1948, which states: “Every individual has duties towards the society in which it is only possible for his personality to grow freely and fully.            &nbs

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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
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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
Fri Dec 01 2017
Journal Name
Journal Of Legal Sciences
The theoretical framework for the criminalization and punishment within the scope of government contracts A study of Iraqi law: دراسة في القانون العراقي
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The contract valuable by itself cannot be a source of punishment, but the legislator penal has estimated the seriousness of the breach of some contracts entered into by the official bodies or government with each other or with third- party view of the consequent adverse effects on the administration itself and the beneficiary citizen of the commodity or service  subject of the contract therefore the legislator criminalizing bribery, fraud ,forgery and illegal use of contracts or compromising the freedom and safety of bids or tenders abuse of public office intent to damage public or private interest accordingly , this research deal with for the theoretical framework criminalization and punishment within the scope of government contra

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Crossref
Publication Date
Wed May 29 2019
Journal Name
Journal Of Legal Sciences
The factors affecting the standard of reasonableness to determine the negligence in the English law. A comparative analytical study with the Iraqi civil law
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   The Standard of reasonableness is considered as one of the objective standards adopted by the English Common law, to determine the standard of the care to be taken by the debtor of the obligation. And to ascertain the realization of the civil liability of negligence, the materialization of which requires four conditions. That is to say,  the imposition of the duty of care to the defendant, the beach of the duty of care, the damage befalling the plaintiff, and the causation or causal link between the tort of negligence and the damage.  It is also worth-bearing in mind that the forms of the  Standard of reasonableness are variate in the English law to meet the different circumstances arising from the variation o

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Crossref
Publication Date
Sat Aug 20 2022
Journal Name
Journal Of Legal Sciences
Administrative control of administrative protection work in Iraq
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       This research deals with the work of administrative protection (civil defense), which is vested in the authority of administrative control, and the latter directly related to public freedoms, as the maintenance of public order from various disasters and damage usually requires restriction

In the area of ​​protection of population and property, the administration is forced to put restrictions on some public freedoms in particular, as the administrative protection aims to protect the security of citizens from the risks and the safety of their property, and the prevention of harmful residues that may arise from its exercise. (Civil Defense) Take a set of measures to reduce disasters and damag

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Crossref
Publication Date
Fri May 31 2019
Journal Name
Journal Of Legal Sciences
The legal effect of Licensing contracts in the field of oil investment
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Iraq is currently the third largest oil reserves in the world after Saudi Arabia and Iran, which is estimated at (115) billion barrels, in addition to the gas reserves of (119) trillion cubic meters so foreign oil companies have been competing for contracts to participate in production and technical service for years to sign the cost of operations The high productivity, which is based on the payment of the term, which leads to raising the cost of production per barrel, which comes mainly from the employment of foreign workers with high salaries and the provision of local services of high standard and purchase of commodity and consulting services worth hundreds of millions of dollars. And the presence of maneuvering and manipulation by fo

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Crossref
Publication Date
Mon Dec 25 2023
Journal Name
Journal Of Legal Sciences
Internal criminal protection mechanisms for children of unknown parentage
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Although the national law was found in order to provide protection for all members of society against crime، there are some groups of society that need more protection، due to the situation in which they are from these groups. They are of unknown parentage، and in order to provide appropriate criminal protection for their situation، it must first Determine who are the owners of this category and then examine the extent of the adequacy of criminal protection provided by penal laws for this category of society from the danger of crimes affecting their lives and their physical and mental integrity..

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Publication Date
Tue Dec 24 2019
Journal Name
Journal Of Legal Sciences
Civil liability of breaching the obligation of depositary to maintain and return the deposit it in English law: A comparative study in Iraqi civil law
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The bailment is one of the well-established legal systems of the English common law, and which included the distinguished characteristics of both the law of contract and the law of property. It is worth-mentioning that this legal system has acquired those common features of these two prominent legal systems, which form an important part of the common law. By the judicial precedents made by English courts. And these precedents have adopted two different and divergent attitudes towards the qualification of the legal nature of bailment in English law . Whereas the Iraqi civil law No. (40) of 1951 regulated the legal rules of the bailment, considering it as a real contract, the conclusion of which requires the availability of four basic elem

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