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Publication Date
Sat Dec 24 2022
Journal Name
Journal Of Legal Sciences
The Right to Control The Goods In UAE Law and Rotterdam Rules

This research discusses the right of control in accordance with the rules of Rotterdam, and the UAE Maritime Commercial Law No. (26) of 1981 AD, the right of the sender and the consignee to issue instructions to the carrier regarding the goods, and the topic has been divided into two sections, the first topic entitled What is the right of control for seaborne goods, and the second topic It deals with the rights and obligations of the party controlling the seaborne goods.

he study concluded with many results and recommendations, including: that the right of the sender to direct and dispose of the goods during the sea voyage is not linked to the right of ownership contained in the goods; Because of their independence, the ownership

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Publication Date
Wed Feb 10 2021
Journal Name
Journal Of Legal Sciences
Granting Partial Confidence to The Ministry in Constitution of The Republic of Iraq 2005

The Topics of Granting Confidence to the Ministry is a Renewed Issue in the Constitutional and Practical Reality. This is important if we know that although the Constitution of the Republic of Iraq does not address this issue, the Federal Supreme Court of Iraq has established new provisions regarding the granting of partial confidence to the Government despite the clarity and openness of the text of the article (76) of the Constitution of the Republic of Iraq for the year 2005, and therefore this study attempts to answer the following questions: Does the Federal Supreme Court have the amendment of the constitutional text? Is it possible to consider the decision of the Federal Court a customary constitutional custom of deletion if we know

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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

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

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Publication Date
Thu Feb 11 2021
Journal Name
Journal Of Legal Sciences
The policy of criminalization and punishment in the labor law

The labor code is one of the laws that contain special criminal provisions, in which the legislator adopted a special penal policy in view of the nature of the protected interest or in view of those who addressed its provisions. We stipulated a series of labor crimes and arranged criminal penalties for them. The most important of these crimes is the description of misdemeanors or offenses. The penalty is either imprisonment or fine. it is noted that the Iraqi labor code no. (37 ) of 2015 did not adopt a general theory of criminalization and punishment ,but its penal provisions were scattered in the folds of the law .the criminalization of most of its provisions did not meet with the penalty law Iraqi penalties no(111)of 1969 ( which stip

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Publication Date
Fri Sep 02 2022
Journal Name
Journal Of Legal Sciences
Extent of the permissibility of partial rescission of the contract: - comparative study

In bilateral contracts, if one of the contracting parties does not fully perform his obligation the other contracting party may ask the court to rescission the contract in full, but the failure to perform may be limited to part of his obligation, then the following question arises: Can the contract be partially rescission  ? It is noted that there is a great jurisprudential and judicial disagreement on this subject, And we ended up saying ​that it is not permissible for a court to order on partial rescission  without the approval of the creditor, because the judgment of partial rescission  requires to compel the creditor to accept partial payment, which is rejected under Article (392) of the Iraqi Civil law.

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Publication Date
Mon Sep 02 2019
Journal Name
Journal Of Legal Sciences
The crime of disclosure of bank secrecy and its criminal effects

The banking secret is a basic rule and the cornerstone of banking life, its historical roots are rooted in the history of ancient civilizations, and commitment to the capital attracts customers by ensuring that the bank keeps their business secret. This is important for the national economy ensure that the legislation regulates compliance with bank secrecy in its laws, making disclosure of the bank secret punishable, in addition to calculating the criminal effects on the bank employee, but also against the bank itself.

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Publication Date
Wed Oct 30 2019
Journal Name
Journal Of Legal Sciences
The responsibility of the maritime agent in Iraqi legislation: A comparative study

The 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

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Publication Date
Sat Apr 10 2021
Journal Name
Journal Of Legal Sciences
Time of Transmission of the loss in international sales Study accordance of Iraqi law& un convention on contracts for the international sale of goods (Vienna 1980)

This study deals with the topic time of transmission of loose international sales، which is defined by the Vienna Convention on the International Sale of Goods as "passing of risk"

As a basis for "the transfer of liability from the seller's custody to the buyer's guarantee. This expression was adopted by the legislator from the Islamic jurisprudence, which is in an acceptance interview in the real estate legislation. The arrest does not require that the actual possession of the goods has actually been done by the buyer. On the face of the buyer can be caught without a hail, and the Iraqi Trade Law No. 30 Of 1984, the provisions of the Transfer of Liability in International Sale were codified، and its provisions were quoted from

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Publication Date
Sun Sep 15 2019
Journal Name
Journal Of Legal Sciences
Provisions of the uncertain fate of the Penal Code

Under the provisions of the old penal laws were criminal responsibility collectively If someone commits murder of the tribe was the victim belongs to another tribe was wasting his blood as a murderer and have each person of the tribe personally responsible for this crime. If it does not contribute to it or did not know, however, committed to achieving voices calling goodness and justice demand soared to impose punishment on the person who is connected to the crim.

The French Revolution and its leaders credited with establishing the principle of personal punishment and responsibility in contemporary penal laws did this concept is limited to the advancement of the criminal liability of play a role in the commission of the crime, bu

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Publication Date
Thu Feb 06 2020
Journal Name
Journal Of Legal Sciences
ماهية برامج الكمبيوتر في ضوء احكام القانونيين العراقي والانكليزي: دراسة تحليلية مقارنة

Computer programs are works of importance of trade, scientific and practical, which is one of the key imports of industrialized countries such as the United States. Historically, computer programs have been found in commercial use since the sixties of the last century where the value is increasing day after day. This shows the urgent need to use them in our personal lives, let alone use in our business. However, it was during our study in the UK, I did not find what refers to determining what computer programs virtually, either through judicial decisions or legally, through legislation, both in common law countries that pursue curriculu Anglo-American system such as the law of England, and the U.S. or countries that pursue the curricu-lu

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Publication Date
Sat Apr 10 2021
Journal Name
Journal Of Legal Sciences
Conditions of candidacy for the House of Representatives under the Constitution of the Republic of Iraq for 2005: An analytical study

The electoral process is of great importance in the political system that takes parliamentary democracy and represents the main stream of democratic practice. The degree of urbanization and progress of peoples is measured by the criterion of practicing democracy. This practice is justified by the citizens' awareness and awareness of their political rights،  Election.

The right of candidacy is a real embodiment of the democratic dimension in allowing citizens to participate effectively In the administration of their country's affairs through parliamentary representation,  as well as activating citizens' exercise of their right to elect their representatives in the House of Representatives.

We have dealt with the

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Publication Date
Sat Dec 24 2022
Journal Name
Journal Of Legal Sciences
Commitment to what is Necessary As an Idea to Embody the Element of Morality in Law

Some actions do not come from the law, but rather from the moral will of a person, and these actions are necessary for people to do because a person is a moral being whose existence is determined by his relationship with values. And, since ethics is one of the normative sciences that link the end to the means, that is, of a person study is not limited to what is an object, or a current situation, but it should be. Therefore, task of a person is to set conditions that must be met in human will and actions in order to become the subject of legal and ethical rulings. This is because there is a close relationship between law and morality, and despite the absence of a legal rule that obliges individuals to do actions, such as extending a hand

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Publication Date
Sat Dec 24 2022
Journal Name
Journal Of Legal Sciences
Rules of Human Conduct in War in the Light of Islamic Jurisprudence and International Humanitarian Law

     The importance of the research lies in the description of war within the framework of international law and Islamic jurisprudence, the extent of its legality, and an attempt to highlight the legal value of the rules of human conduct in the war for which Islamic Sharia has established, and how it dealt with some categories of fighters (prisoners for example), and comparing it with the international conventions and treaties regulating this conduct in the field of international humanitarian law.

      As for the research problem, it is an attempt to establish the rules of human behavior in war, which came in The Hagu

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Publication Date
Sat Dec 24 2022
Journal Name
Journal Of Legal Sciences
Interception of Criminal Prescription : A Comparative Study

Criminal prescription is a legal idea that we find its applications in most laws, It means that a period of time has passed since the occurrence of the crime, which is called the prescription of the criminal case or the crime, or the lapse of a period of time since the issuance of a final judgment in the criminal case, and it is called the prescription of the penalty, the lapse of the prescribed period will result in the expiry of the criminal case in the first case, and the lapse of the penalty imposed in the second case. This system has been found since ancient times in the legislation of countries with their various legal and political systems because of its practical considerations, the most important of which is achieving legal stab

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