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Publication Date
Sat Aug 20 2022
Journal Name
Journal Of Legal Sciences
مشروعية الاندماج المصرفي في القانون العراقي

            The legality of banking merger is related to the impact that the merger process has on competition in the market. A merger (as one of the forms of economic concentration) can affect future competition or be misused to achieve purposes contrary to free and fair competition. Therefore, controlling economic concentration processes, including mergers, It would contribute to maintaining the spirit of competition between banks and achieving the greatest benefit from them on the one hand, and to avoid their damages on the other hand.

 

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Publication Date
Tue Dec 21 2021
Journal Name
Journal Of Legal Sciences
The impact of the Corona pandemic on the banking customer In the commercial loan contract

The Corona pandemic affected all different areas of life, as the world is facing a challenge at the present time as a result of the Corona pandemic and the economic turmoil it left behind, and many countries have tended to address the economic effects of the Corona pandemic by resorting to borrowing internally or externally to cover their needs.

The activity of banks is affected by many things, including, and the research aims to solve the problems related to the commercial loan contract in light of the crises, and that the initiatives that many countries have followed call to reduce the harm inflicted on citizens, such as economic burdens, by postponing installments in light of the crisis and postponing all credit dues to banks

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Publication Date
Wed May 29 2019
Journal Name
Journal Of Legal Sciences
The extent of responsibility - the seller of Alcohol or the provider – the civil towards the drug addicts and their victims "A comparative study

    There are many harmful acts that occur from drunkards in this case, especially those resulting from car accidents. The world is witnessing dozens or even hundreds of car accidents due to alcohol consumption. These accidents often result in serious injuries that could lead to the death of the drunk driver and those in the car As well as other persons present in the other vehicles with which the incident occurred or pedestrians on the street, as well as damage to private or public property, and if the order of return of the affected persons on the pretext of civil liability (tort) is made as a direct cause of the harmful act, Is entitled Do they like this refer to the liquor seller or their provider as the culprit? Or ar

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Publication Date
Wed Apr 07 2021
Journal Name
Journal Of Legal Sciences
Substitution as a consequence of liability arising from breach of the promise of preference: A comparative study

     The judicial transformation led by the French Court of Cassation about the consequence of liability arising from breach of the promise of preference led to the adoption of a new principle، whereby the beneficiary of the promise of preference would substitute with the third party in the concluded contract in violation of his right in preference. This shift، in turn، has been reflected on the legislative situation in France، where the French legislator adopted this principle in the New Contract Law of 2016.        

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Publication Date
Tue Sep 17 2019
Journal Name
Journal Of Legal Sciences
أحكام الامتناع عن الفعل في المسؤولية عن الفعل الشخصي

تترتب مسؤولية فاعل الضرر عن خطأه اذا الحق المخطيء ضررا بالغير، وهو امر لاخلاف عليه فقها وقانونا، وهو ما يعر ف بـ (الخطا الايجابي). فمتى وقع الضرر قامت مسؤولية المخطيء. ولا فرق هنا بين ناقص الاهلية او عديمها أو كاملها، فكل من الحق ضررا بالغير تحمل فاعل الضرر المسؤولية عن فعله. ولكن الامر ليس سيان بالنسبة للخطا السلبي، فهل تطبق قواعد الخطا الايجابي في حالة ارتكاب الضرر نتيجة لخطأ سلبي؟. بمعنى آخر هل يتحمل فاعل ال

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Publication Date
Wed Feb 10 2021
Journal Name
Journal Of Legal Sciences
ISIS Violations of International Law “Iraq as a model”

The Iraqi people were subjected to the most brutal crime in the history of humanity when ISIS violated the rights system and targeted women, children, civilians, minorities, religion, belief and the right to education and committed many crimes of genocide and crimes against humanity and the abandonment of millions of citizens and the recruitment of thousands of children, which constituted a flagrant violation of human rights and international law It emphasizes the gravity of the threat to international peace and security by the organization and its associated individuals, groups, institutions and entities, including foreign terrorist fighters.

          That the legal characterization

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Publication Date
Sat Apr 27 2019
Journal Name
Journal Of Legal Sciences
State of emergency under the Constitution of the Republic of Iraq 2005 Solutions and Treatments

The emergency law is an exceptional system intended to support the executive authority with possibilities which limits the rights and freedoms of individuals to meet emergency conditions that threaten the public safety or country security, accordingly, the authority set forth in this law shall comply with the purpose set for it in taking any of the procedures provided by that law and does not depart from the means that are consistent with the constitution provisions. 

The reasons and conditions for declaring a state of emergency must be clear and stipulated in the constitution or in the emergency law in order to restrict the executive authority, the procedures implemented by the government under the state of emergency are di

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Publication Date
Mon Apr 01 2019
Journal Name
Journal Of Legal Sciences
The public budget under terrorism

تعرض بلدنا العراق الى أقسى الهجمات الإرهابية التي أثرت بشكل مباشر وغير مباشر في النواحي المالية و الاقتصادية وبرز هذا التأثير في وسيلة الدولة لإدارتها المالية و هي الموازنة العامة التي تحمل في طياتها توقعات الدولة الانفاقية و قنواتها الايرادية ومن أهم هذه التوقعات هي ما تنتجه  العمليات الإرهابية وما تخلفه من تبعات وخسائر بشرية ومادية ومعنوية، مقدرة بشكل مالي ومبالغ نقدية .

وتصدي  الدولة في هذه ال

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Publication Date
Mon Dec 23 2019
Journal Name
Journal Of Legal Sciences
Settlement Limits of Discounting Bank's Right Across Reversing Entry to his debit in the Bank Account of the Discounted side

In order to facilitate the accounting procedure and accelerate its achievement, commercial banks used to follow reversing entry style in agent’s account opened with them, to settle its debits caused by non-payment of the discounted commercial paper value. The question was raised about: the legal importance to such method for settling the discounting bank debits, particularly when the bank account of the discounted side was debtor and not creditor, as the case of discounted party under bankruptcy.

It is noted that the Jordanian trade legislations is totally silent in this regard, as well as the  other trade legislations which are frankly considering the reversing entry as an organizer for deleting the trust entry which was

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Publication Date
Mon Dec 25 2023
Journal Name
Journal Of Legal Sciences
The Formation of the Legal Faculty and its Application

The sound legal thinking that reaches sound legal results is the basis of the legal faculty that is defined as: the faculty of the legal person to understand the legal language verbally and meaningfully and coexist in it and deal with it and realize and choose what words it can from it when needed during work and professional dealing, but this thinking does not have a methodology in specific and specific jurisprudence, as the faculty does not have a fixed size or a certain limit, but is flexible and expands It grows as its owner fills it with legal information and practical experience. The legal faculty has not been regulated by the legislator, in addition to the fact that the judiciary and jurisprudence have not dealt with this by expre

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Publication Date
Thu Mar 21 2019
Journal Name
Journal Of Legal Sciences
Consequences of Reservations a Maritime Carrier on Statements of Goods into Bill of Lading

The bill of lading as a receipt of goods issued by the carrier states the apparent order and condition of the goods received from the shipper, after the goods have been placed on a ship, therefore it contains a statements as to leading marks, number of packages or pieces, weight or  number of the goods. If the carrier fails to insert reservation, he would be precluded from proving inaccurate of the statements in bill of lading against third party holder, and would bear the burden of proof that he is not liable about damage, and the consignee would not bound the carrier`s responsibility. It`s important for both the shipper and consignee that the first introduced a clear and correct statements as to quantity, condition shipped goods,

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Publication Date
Mon May 08 2017
Journal Name
Journal Of Legal Sciences
العقوبات المقررة لجريمة تخريب الاثار

لقد تناول هذا البحث الموسوم ب(العقوبات المقررة لجريمة تخريب الاثار – دراسة مقارنة) دراسة التنظيم القانوني للعقوبات المقررة لجريمة تخريب الاثار في القانون العراقي , وسعينا من خلاله الى تسليط الضوء على هذه الجريمة باعتبارها من المواضيع الهامة في وقتنا الحاضر لانتشار ارتكابها في العديد من دول العالم سيما في العراق بعد حزيران من عام 2014 هذا من جانب , ومن جانب اخر اهمية الاثار كموروث حضاري وانساني سواء على المستو

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Publication Date
Wed Dec 29 2021
Journal Name
Journal Of Legal Sciences
The Concept of Obligations Erga Omnes in International Law

The International Court of Justice, as the main judicial organ of the United Nations in its ruling on the Barcelona Traction case, raised the concept of obligations Erga Omnes in international law, but this Latin term Erga Omnes has been used with different meanings and connotations. Through the extrapolation of the jurisprudence of the International Court of Justice, we note that it used the term In the context of its traditional meaning of expressing issues related to protest and legal interest at times, and the issue of international law enforcement at other times, it also used the same term to justify the application of the effects of some international treaties on states that are not party to it, or the application

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Publication Date
Fri Sep 02 2022
Journal Name
Journal Of Legal Sciences
Standards and the legal nature of the adjudication of the validity of Parliamentary membership

            The question of challenging the validity of the parliamentary membership of some members of the House of Representatives in some parliamentary systems will appear for many reasons, including the failure to observe constitutional or legal texts or the regulations organizing the electoral process that are intertwined in its procedures and stages, such as the lack of conditions for nomination that were organized by law to allow the nomination for parliamentary membership or marred defects The procedures of the electoral process led to the demolition of its integrity, which guarantees the selection of the parliament that is able to delegate to the real author

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Publication Date
Sat Sep 14 2019
Journal Name
Journal Of Legal Sciences
النظام الإجرائي لطرح موضوع عام للمناقشة في النظامين العراقي و الإماراتي "مقارنة بالنظام الكويتي"

       بالرغم من تقلص الاختصاص التشريعي للبرلمان، ومحدودية نطاق مساهمة أعضائه في التقدم بمشروعات القوانين، يبقى للسلطة التشريعية اختصاصها الأقوى وهو رقابة أعمال الحكومة من خلال وسائل الرقابة البرلمانية المتعددة، ومن أبرز هذه الوسائل التحقيق البرلماني، بعد كشف الحقيقة، حول موضوع معين،والاستيثاق من أداء الحكومة لمهامها، والحد من استبدادها، ومنعها من أن تطغى بسلطاتها.<

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Publication Date
Fri Sep 02 2022
Journal Name
Journal Of Legal Sciences
The efficacy of the constitutional organization of the Iraqi freedom to choose his personal status in the Iraqi constitution

We concluded that the issue of freedom in general is one of the important issues of the constitutional legislator, so he was keen to include it in the introduction and content of his texts, because the society suffered from scourge and injustice  And tyranny by the rulers and the ruled made freedom at the mercy of their fatwas. The international and Arab declarations stipulated the necessity of giving public freedoms without racial or national discrimination, but rather for all humanity. It has arranged consequences for those who failed to abide by the conventions, encouraging them to urge national legislators to stipulate public freedoms in Their constitutions, including our desired freedom here, is the freedom of the Iraqi. The co

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Publication Date
Thu Jun 15 2023
Journal Name
Journal Of Legal Sciences
Investment of Mortgage in Pledged Property

The investment of something mortgaged is defined as the creditor's use of the mortgaged object within the possessed guarantee, so that it will produce certain profit increasing its produce when he uses that for himself or rents it to somebody else or to the creditor himself after discounting his produce from the debt of the mortgagee. The investment of the object mortgaged is the right of the creditor and a commitment imposed upon him simultaneously. If he execute his commitment of investing the mortgaged object which adds a fruit to the produce, the fruit can be discounted from the debt of the mortgaged object; that is to say, a clearing is made between the fruit of the mortgaged object and debt that stands for the object mortgaged. If

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Publication Date
Sat Aug 20 2022
Journal Name
Journal Of Legal Sciences
The penal rule on the blank

          The source, the objective penal rule that consists of two parts: crimination & penalty, the part of crimination is the (ORDER) that means the mater that has been avoided.

 (THE ORDER) or the order that has been done (THE PROHIBITION) , it is an order or prohibition has been enacted by the legislator to the adult person to subject to the penal rule , but the part of the penalty is the legal  effect that resulted  to violate the crimination part , and the source is to mention the penal rule with two parts in one penal code , but maybe  to be mentioned as separated matter more than one legislative code in the law or contemporary different laws , there is

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Publication Date
Wed Dec 29 2021
Journal Name
Journal Of Legal Sciences
Safeguarding the intangible heritage during armed conflict

There are many mechanisms that can be used to safeguard intangible cultural heritage during armed conflict, either indirectly through the international texts of armed conflict, from the perspective of protecting customs, traditions and religious beliefs, or directly by incorporating this heritage into UNESCO regulations. This heritage can also be preserved from the concept of human rights principles that can be applied during armed conflicts. Moreover, the best way to preserve this heritage is to prosecute and punish violators of the provisions of safeguarding this heritage, whether in national criminal courts or international criminal courts.

 

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Publication Date
Tue Dec 21 2021
Journal Name
Journal Of Legal Sciences
Criminal guarantees victims of terrorism

Terrorist crimes mainly affect people  lives in terms of physical integrity, the right to

nproperty protection and other rights. This requires swift and immediate action to provide criminal protection for the victims of that crime.

These procedures start from the moment the offense is completed. And here was the start in an attempt to pick up the pieces so as to shed light on the rights enjoyed by the victims of the terrorist crime starting from the moment it was committed until the implementation of the just retribution.

Therefore, research on the rights of victims of terrorism is one of the reewable topics. This is what international efforts concerned with crime prevention and criminal justice have called a

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Publication Date
Mon Oct 28 2019
Journal Name
Journal Of Legal Sciences
International Commercial Arbitration and the Possible Application Thereof in Iraq

 International commercial arbitration is a special judicial system based primarily on an agreement, be it an arbitration clause or an arbitration agreement (compromise), between

parties to a dispute. It is therefore a system aiming at settling commercial disputes by submitting them to a single arbitrator, or an arbitral panel, or an arbitral tribunal (e. g. , the

International Court of Arbitration). It is therefore also a means for settling an existing or future dispute that entails refraining from resorting to the competent judiciary. It is also

an extra – judicial action aiming at establishing justice between people. The aim of arbitration is to bring justice to parties in conflict, but it

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Publication Date
Mon Dec 25 2023
Journal Name
Journal Of Legal Sciences
The Constitutional concept of National security policy under the Constitution of the Republic of Iraq for the year 2005

The Constitution of the Republic of Iraq for the year 2005 dealt with the policy of national security as an exclusive competence of the federal authorities, and the policy of national security as one of the forms of general policies that the constitution enclosed in privacy when it was stipulated in particular, and this policy also attracted the attention of comparative constitutional examples, as it stipulated the formation of specialized constitutional councils to undertake The process of developing and implementing this policy, or forming specialized institutions for this matter, and according to the national security policy, the unity of policies in the state is ensured and directed towards achieving the requirements of Iraqi nationa

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Publication Date
Mon Dec 25 2023
Journal Name
Journal Of Legal Sciences
Legal evaluation of the nature of the legislative role of the financial bills proposed by the parliamentary committees in the Iraqi parliament

The current research aims to identify the legal evaluation of the nature of the legislative role of the financial bills proposed by the parliamentary committees in the Iraqi parliament، where the problem of research in the tasks of the Iraqi parliament is to monitor the work of the executive authority، either individually or collectively، in order to verify the The extent to which the executive authority properly implements the state’s general policies، and conducts a kind of political control over its work. The importance of research lies in the fact that setting supreme controls in society، such as the right to legislation، is the most important aspect of sovereignty in the state. In the modern state، parliamentary councils en

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Publication Date
Mon Dec 25 2023
Journal Name
Journal Of Legal Sciences
Interpretative Judgment in The Framework of The International Judiciary - The International Court of Justice As an example

That the International Court of Justice is a court of first and last instance, it is a fundamental principle that its rulings are final and cannot be appealed as stipulated in Article 60 of the Statute. Nevertheless, the provision of this Article provides that the States parties to the case may request an interpretation of the decision,  When certain conditions are available, the International Court of Justice has traditionally issued interpretative rulings when the ruling is marred by any ambiguity or ambiguity.  Final determination of judgment and res judicata, in the case of interpretation, if a decision or part of a decision is ambiguous, it may prove impossible for the States Parties to comply with it, and then a request f

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Publication Date
Mon Dec 25 2023
Journal Name
Journal Of Legal Sciences
Flexible Drafting and its impact on Abstraction in the penalty rule

This study seeks to define the idea of ​​abstraction in the rules of criminalization and punishment and to indicate the extent of privacy that it enjoys in the field of criminalization and punishment, which is represented in the fact that it is not absolute as in the general legal rule, but rather it is restricted by several restrictions, which are due to the nature of this law and the basic functions it performs in society and the nature of The penalties it contains and its aim, which is represented in achieving public deterrence, private deterrence, and justice. This study also explains the importance of abstraction in the rules of criminalization and punishment, represented in achieving justice and equality among all individuals,

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Publication Date
Mon Dec 25 2023
Journal Name
Journal Of Legal Sciences
The effectiveness of the control procedures for administration Face Corona Pandemic (covid-19) in Iraq

The spread of the Corona virus (COVID-19) has led to the use of public authorities to take a range of preventive measures and preventive measures to reduce and combat its prevalence. Adapt to the new position and reduce the spread of the epidemic, and the most important measures taken by the Sonato authorities are closing of some commercial activities, disrupting transport, domestic and social quarantine , and asylum to the partial option for public utilities.

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Publication Date
Mon Dec 25 2023
Journal Name
Journal Of Legal Sciences
The Compatibility of Iraqi Legislation with the Requirements of the International Financial System in Financing Foreign Trade A Legal Study on the Technical Challenges of Payment Systems and Electronic Payment Methods

The research examines the current Iraqi legislation regarding financing of its foreign trade, its mechanism, and the methods used for money transfers. The research aim is to determine the extent to which these legislations comply with the requirements of the international financial system and identify any legislative shortcomings that negatively affect the value of the national currency, facilitate money laundering, and pose risks to the Iraqi economy and the international financial system simultaneously.

The current reality of financing foreign trade and the mechanism of the foreign currency sale window used by the Central Bank do not constitute genuine financing and have introduced risks, such as money laundering. The Central B

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Publication Date
Wed Feb 10 2021
Journal Name
Journal Of Legal Sciences
Manifestations de l'intervention du juge du contrat dans l'exécution et la résiliation des contrats administratifs en droit français

Cette étude traite d’un sujet vital du droit administratif, qui fait l’objet de l’intervention du juge des contrats dans l'exécution des contrats administratifs à travers recours des contentieux pleins concernant des litiges des contrats administratifs. Cette intervention prévoit la sanction appropriée des manquements de contrat afin de parvenir à la bonne exécution du contrat.

L’étude commence par examiner le premier aspect de l’intervention du juge, c’est-à-dire l’intervention indirecte, à travers l'action en responsabilité contractuelle d’abord, et la recours en interprétation du contrat ensuite. Alors que la deuxième apparition de l'intervention, il concerne l'intervention directe du juge administ

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Publication Date
Wed Dec 29 2021
Journal Name
Journal Of Legal Sciences
Administrative protection of young people in Iraq Comparative study with the United Arab Emirates

Because of what Iraq faced in the last quarter of the last century of wars and military conflicts and the aftermath of the economic blockade, as well as the recent occupation suffered by Iraq in the contemporary century, which culminated in lawlessness and the spread of terrorism and the most prominent on the Iraqi street manifestations not prepared before paved to the aggravation and collapse in the community system As a result of the political and social changes, all this highlighted the need for public facilities specialized in social protection for young people to provide all the new requirements, and the find a legal system commensurate with the circumstances and circumstances.

In light of the current challenges, the State h

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Publication Date
Sat Dec 24 2022
Journal Name
Journal Of Legal Sciences
Judicial Decisions in Federal Decree-Law No. 15 of 2021

Judges perform many acts in the exercise of their function and issue many judicial rulings, judicial decisions, in addition to judicial orders; Accordingly, judicial decisions differ from judicial decisions, and both differ from judicial orders. Although judicial rulings and judicial orders are clear and their nature can be accurately identified, defining judicial decisions, especially those added by the legislator in the UAE under Federal Decree Law No. 15 of 2021, is not that easy. In the aforementioned decree-law, the Emirati legislator added the word (Decision) with each word (Ruling) in most of the legal texts subject to amendment under this decree.

Judicial decisions issued by judges during the exercise of their functions a

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