عرض: 25 50 75 100 النتائج

نتائج البحث: 3 من أصل 3

التنظيم القانوني لعقد الدلالة في التشريع العراقي : دراسة مقارنة في ضوء قرارات محكمة التمييز الاتحادية Legal Regulation Of Brokerage Contract In Iraqi Legislation A Comparative Study In The Light Of Decisions Of The Federal Court Of Cassation

اسم المؤلف: احمد عكار نزال
اسم المشرف: ظافر حبيب جبارة
الموضوع العام: القانون
السنة: 2018
الموضوع الدقيق: القانون المدني
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: ذي قار
الصفحات الاولى:
المستخلص: Brokerage works have a distinct position in economic life, given the need of people, from traders and others, to who is looking for someone be a party to a particular contract, and he shall intervene, as appropriate, in the negotiations necessary for its conclusion, and this is the essence of a broker's work.The broker in this case is doing just a physical act, so he do not conclude the contract which he has mediated on behalf of his client, neither in his name, nor in the name of his client, which is a work exercised by the broker freely, and independently, for his own account, without being subordinate to his client. The Broker's undertaking to work on facilitating the conclusion of the transaction that the Client wishes to complete creates a legal relationship, regulated by a contract, called the brokering contract, it is one of the specific consensual bilateral contracts, which gained a commercial character and entered in to the scope of nominated contracts after the legislator assigned out to regulate its provisions in a special law, namely the Brokerage Act 1987.Although the general rule, is the liberty of will to conclude the contracts, but the Iraqi legislator, preferred to restriction this will to a large extent, whether in the liberty to choose the person who take over the task of mediation of, or in the liberty of arrangement of obligations arising from the contract, as the brokerage is not permissible for all those who wish to practice it, because the law restricts its practice to people of integrity from Iraqis, who have completed the twenty - fifth year of age, and must be fulltime to practice in a commercial place, after getting a commercial name, and obtaining a permit from the competent authority. These conditions of public order, violation of them shall result in invalidity of the contract, and depriving the party pledged in brokering of any right to commission or indemnity resulting from the impossibility of returning the situation to what it was as a result of nullity. In spite of the ordinary terms of brokerage contract which imposes parallel obligations on the contracting parties, the Iraqi legislator obliged the broker to perform the transaction faithfully, as well as the Iraqi legislator obliged him to keep maintain the documents relating to the transaction. The breach of theses duties involve the broker's criminal and civil responsibility.,On the other hand, the Iraqi legislator determined a fixed amount for the remuneration of broker, which the contracting parties can not be agree to the contrary, and he restricts its entitlement by two conditions : concluding of contract which mediated by the broker, and the existence of a link of causality between this conclusion and the broker's efforts, in which, without these efforts, the contract would not have been concluded. But the practical application of the rules governing the remuneration of broker, showed two problems, led to the prejudice towards broker, to the extent that his rights were wasted.The first problem, Relating to broker's remuneration in scope of formal contracts, however he deprive of his remuneration for just undoing completion the formality required by law by one of the parties, the Courts embed this prejudice, by depriving the broker of any compensation for his efforts to conclude the contract, without a legal justification.The second problem relates to the official tariff, which is no longer compatible with the value of transactions that broker mediates in their conclusion, due to the devaluation of the Iraqi currency, compared to its value at the time of the enactment of the law, who as appointed the ratios, on the basis of which the broker's remuneration, and must not exceed one thousand and five hundred dinars, exceeding the commission of the broker, the maximum limit of the remuneration, is considered a criminal offense and administrative, resulting in a fine and the withdrawalof this permit.However, the Iraqi judiciary has subjected the broker's remuneration to its discretionary power, based on a general principle that decides the possibility of changing the provisions, which based on custom or interest, if that custom or interest changes in view of the requirements and variables of life. Undoubtedly, the texts that organized the broker's remuneration, were put in the interest represented by, the reducing the overvaluation, this interest has changed by changing the value of the currency, thus, the Official tariff became an inappropriate standard to exaggeration, on the contrary, it has become a trivial amount, not commensurate with the transactions that are determined according to their value.

مسؤولية المورد المدينة عن مخاطر نقل التكنولوجيا Civil Liability For Risks of Technology Transfer

اسم المؤلف: عبد الحسين لوكي زاجي
اسم المشرف: طارق كاظم عجيل
الموضوع العام: القانون
السنة: 2018
الموضوع الدقيق: القانون التجاري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: ذي قار
الصفحات الاولى:
المستخلص: In the technological world we live in, transfer of technology is of great importance. Technologies transferred all over; from an advanced and industrialized country to a poorer developing country, from a developed country to another developed country and among firms in a developed market. The primary means of technology transfer is by imitating and making copies, which are sold on to purchasers. However, there are cases, as I will discuss further, where copying is impossible, or other cases where copying is prohibited. In those cases, technology transfer involves contracting. Agreements of technology transfer may have several methods. For example, license agreement, supply agreement for products protected by intellectual property rights, technical assistance agreement relating to the training needed to use a specified technology and acquisition of a technology based firm.One of the most new dilemma in the 21th century is the rising of technologies, and these type of modern human innovation have a complex side at its invisible hazardous, by its waste or the products that made by using of technology.That mad there is Avery important challenge in some new technologies as well as the flowing : - 1 - Biotechnology, refer to classic bio technology, and nanobiotechnology2 - Nanotechnology, means the nanorobots technology and nanomaterial technology, that deal with atoms and all tiny thing, Nanotechnology has marked its presence in various fields of science and technology. After the first and second generation nanotechnology applications it has open up the door for the possibility of applying in almost any sector of science and technology. Thus with its progress into diverse sectors, it's uses and applications are also diverse, serving a wide range of purposes like food, health and fitness, electronics, medical. Nanotechnologies refer to “technologies of the tiny”. They span domains as diverse as computing, material science, medicine, energy production and storage, etc., bring together fields as varied as physics, chemistry, genetics, information and communication technologies, and cognitive sciences, and should become virtually ubiquitous before long.Nanotechnologies are with us already. Indeed, consumers are already being offered products manufactured with nanotechnologies including cosmetics, clothing, and sporting goods. But, while technology and market analysts alike expect the very small to become very big, nanotechnologies are still emerging.3 - Informationtechnology, the important of this technology is appear at individual actives but it our info at a general web, for that reason it must be regulated in Iraq, By regulation of transfer of technology. As follow : - Bi - Simply put, technology transfer is the process by which a technology, expertise, knowhow or facilities developed by one individual, enterprise or organization is transferred to another individual, enterprise or organization. Effective technology transfer results in of a new product or service or in the improvement of an existing product or process.Depending on the nature of technology and the capacity of the recipient, the process of technology transfer may be simple and straightforward but usually is iterative, collaborative, and fairly complex. In the latter case, it may require the users to acquire new information and skills and change old habits and ways of doing things.ii - It may even require changes in the technology being transferred, to improve the chances of “fit” and optimal performance in the new situation. Technology transfer may happen from country to country, from industry to industry, or from research laboratory to an existing or new business. It may be facilitated by financial or other types of assistance and support that may be provided by government or other agencies at national, regional, local or institutional levels. This article deals with issues such as how is technology transferred; what are the main types of legal contracts for the transfer of technology and what will determine the type of agreement that is entered into by the two parties involved in the technology transfer.The creation or absorption of new technology has become a vital component for companies to improve or maintain their competitive position in the market place. Companies operating in sectors where competition takes place on the basis of price alone, such as the extraction or commercialization of raw materials, may rely on new technologies to improve their efficiency in the extraction of raw materials by improving their productive processes or acquiring new machinery and equipment. They may also use new technology to better commercialize their products or to improve their management structure, control and communication.In other sectors, where the market evolves incessantly as new products with new functions or designs appear on a regular basis, companies are forced to innovate by acquiring or developing new technologies. Technological innovation is therefore a crucial element ofiii - the competitive strategy of any enterprise, big or small, high - tech or low - tech. The ongoing integration of domestic and international markets through continuing deregulation and liberalization of markets has enhanced competitive pressure for all firms, and especially increased the technological needs of small enterprises worldwide while also improving their access to new technologies and capital goods.iv - technology in - house or to obtain it from others. While investing in technology creation may be expensive and risky, as there are many uncertainties linked to the innovation process, it has the advantage ofCpreventing technological dependence on other companies and enables the company to enhance its technological capability and to innovate according to its own specific needs.IN briefly and a finally viewing A technology transfer is any transaction which involves the acquisition of, or the right to lawfully use, specified intellectual property assets developed, owned, and/or controlled by another. Depending on the circumstances, such a transaction will involve not only the intangible legal rights associated with the specific assets, but also will require a transfer of the relatively tangible technology and other confidential information necessary for the legal rights to be properly used and exploited. Simply put, technology transfer is the process by which a technology, expertise, knowhow or facilities developed by one individual, enterprise or organization is transferred to another individual, enterprise or organization. Effective technology transfer results in commercialization of a new product or service or in the improvement of an existing product or process.Depending on the nature of technology and the capacity of the recipient, the process of technology transfer may be simple and straightforward but usually is iterative, collaborative, and comple

فسخ الزواج بخيار البلوغ واحكامه في الفقه الاسلامي والقانون الوضعي Marriage Revocation With the Choice Of Growing Up And Its Rules In The Islamic Jurisprudence And The Positive Law

اسم المؤلف: سهير قيصر فارس
اسم المشرف: حسام عبد الواحد كاظم
الموضوع العام: القانون
السنة: 2018
الموضوع الدقيق: قانون الاحوال الشخصية
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: ذي قار
الصفحات الاولى:
المستخلص: The Islamic Shari'a (Law) has paid great attention to marriage bondage as one of the most important and most influential certificate in the life of the individual. In addition, it incurs a lot of terms and conditions due to what is legally permissible and impermissible. Among these terms is eligibility. In order to be a valid and effective certificate, it should be issued by an eligible authority as a general rule, though this rule is violated under certain circumstances as to marrying minors by their parents' consent. Such marriages certainly cause harm to minors. In order to achieve the desired goal of marriage, which is affection and compassion and consummation, which cannot be achieved unless the contract is done through a formal proposal of marriage (ijab) and acceptance of the proposal (qabul) of the two parties as chaste and sane adults, having the ability to sign the contract with their free will. When the minors or one of them are unable to set up the contract by themselves but through their guardians(Walis), the contract, despite being correct, is not considered obligatory for lacking the term of the proposal of offer and acceptance of the minor who may have an opinion after passing puberty. Therefore minors under a certain trend of Islamic jurisprudence are entitled to give their opinion of the contract after reaching puberty, either to stay or terminate it. This right is called the "right of puberty".