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مسؤولية الشركة القابضة عن الشركة التابعة : دراسة مقارنة == The responsibility of the Holding Company For the Subsidiary Company : A Comparative - Legal Study

Author name: محمد يونس محمد العبيدي
Supervisor name: نسيبة ابراهيم حمو الحمداني
General topic: Law
Specific topic: Commercial Law
Degree: Master
Language: Arabic
University location: Mosul
First pages:

النظام القانوني للمحل التجاري : دراسة مقارنة == The Legal System For The Trade Shop : A Comparative Study

Author name: فوزية موفق ذنون جاسم
Supervisor name: نسيبة ابراهيم حمو الحمداني
General topic: Law
Specific topic: Commercial Law
Degree: Master
Language: Arabic
University location: Mosul
First pages:

مسؤولية الشريك في الشركة التضامنية : دراسة مقارنة == Partener Responsibility In Solidarity Company : A Comparative Study

Author name: افراح عبد الكريم خليل
Supervisor name: كامل عبد الحسين حسن البلداوي
General topic: Law
Specific topic: Commercial Law
Degree: Master
Language: Arabic
University location: Mosul
First pages:

حق المساهم في الشركة المساهمة بالاطلاع على وثائقها : دراسة مقارنة == The wright of a stock - holder in viewing the documents of the joint - stock company in which he holds shaves : A Company Study

Author name: رواء يونس محمود النجار
Supervisor name: كامل عبد الحسين حسن البلداوي
General topic: Law
Specific topic: Commercial Law
Degree: Master
Language: Arabic
University location: Mosul
First pages:

التنظيم القانوني للتجارة الالكترونية : دراسة مقارنة == The Legal Regulation of Electronic Commerce : A Comparative Study

Author name: هادي مسلم يونس قاسم البشكاني
Supervisor name: نسيبة ابراهيم حمو الحمداني
General topic: Law
Specific topic: Commercial Law
Degree: Doctorate
Language: Arabic
University location: Mosul
First pages:

الرقابة السابقة للدولة على تاسيس الشركات : دراسة مقارنة == The State Prior Censorship on Establishing Corporations : A Comparative Study

Author name: مؤيد احمد محي الدين عبيدات
Supervisor name: نسيبة ابراهيم حمو الحمداني
General topic: Law
Specific topic: Commercial Law
Degree: Doctorate
Language: Arabic
University location: Mosul
First pages:

افلاس الشركة التضامنية تحت التصفية == Bankruptcy of Partnership Under Liquidation

Author name: احمد ياسين يونس
Supervisor name: نسيبة ابراهيم حمو الحمداني
General topic: Law
Specific topic: Commercial Law
Degree: Master
Language: Arabic
University location: Mosul
First pages:

الجوانب القانونية لتحول الشركات العائلية الى شركات مساهمة == Legal Aspects of the Transformation of Family Company to joint Stock Company

Author name: علي غانم ايوب
Supervisor name: نسيبة ابراهيم حمو الحمداني
General topic: Law
Specific topic: Commercial Law
Degree: Master
Language: Arabic
University location: Mosul
First pages:

النظام القانوني لتخفيض راس مال شركات الاموال الخاصة : دراسة مقارنة == The Legal System of Capital Reduction in Private Proprietary Companies : Comparative Study

Author name: معن عبد الرحيم عبد العزيز جويحان
Supervisor name: نسيبة ابراهيم حمو الحمداني
General topic: Law
Specific topic: Commercial Law
Degree: Doctorate
Language: Arabic
University location: Mosul
First pages:
Summary:
References:

القوة القاهرة واثرها في عقود التجارة الدولية : دراسة مقارنة == The Force Majeure and its Effect in the International Trading Contracts : Comparative Studying

Author name: صفاء تقي عبد نور العيساوي
Supervisor name: نسيبة ابراهيم حمو الحمداني
General topic: Law
Specific topic: Commercial Law
Degree: Doctorate
Language: Arabic
University location: Mosul
First pages:
Summary:
References:

مجلس ادارة الشركة المساهمة الخاصة : دراسة مقارنة == The Administration Council of The Private Joint - Stock Company : A Company Study

Author name: عالية يونس عبد الرحيم الدباغ
Supervisor name: كامل عبد الحسين حسن البلداوي
General topic: Law
Specific topic: Commercial Law
Degree: Master
Language: Arabic
University location: Mosul
First pages:
Summary:
References:

النظام القانوني للربح في الشركة المساهمة : دراسة مقارنة == Legal System of Profit of Joint Stock Company : A comparative study

Author name: فيان يوسف نوري محمود
Supervisor name: كامل عبد الحسين حسن البلداوي
General topic: Law
Specific topic: Commercial Law
Degree: Master
Language: Arabic
University location: Mosul
First pages:
Summary:
References:

القانون الواجب التطبيق على عقد التامين : دراسة مقارنة == Applicable Law Of Insurance Contract A Comparative Study

Author name: زينة حازم خلف
Supervisor name: كامل عبد الحسين حسن البلداوي
General topic: Law
Specific topic: Commercial Law
Degree: Master
Language: Arabic
University location: Mosul
Key words:
  • القانون الواجب
  • عقد التامين
  • القانون، التطبيق
  • الواجب
First pages:
Abstract: يعد عقد التامين الذي ينظم العلاقة ما بين المؤمن والمؤمن له ضرورة لتحقيق الامان والطمانينة لمصالح الافراد والجماعات المشتركين فيه ضد ما يحويه المستقبل لهم من اخطار يعجز الفرد بمفرده عن تحملها، كما يعد في المجتمع البداية الحقيقية للمستقبل الافضل لانه يشمل | Insurance contract which organized the relationship between the assuror and assured has a necessity to achieve safety and trust for individuals and groups' interest who participated in it against to what future hidden from risks that individual cant not bear to face it alone. As it consider in society the true starting for best life in human being. It is including an addition to the secure of man' life also the safety on his money properties and his life resources all with his mental and educational identity.Insurance contract in the frame of special international law considered a contract of important contract which needed to clarify in order to build legal system that practice on it. But if the contract itself produced a difficult, there will be no way to search its content but it will be just through searching in its insurance contract root age that distinguished it on what is similar with other contracts which specially reflected on the law that ruled it.So if we enabled to summaries limited indicators to the importance of insurance contract. This will simplify us showing legal adoptive as a preface to search the most distinguished theories and legal rules which are shaped the international law juries - consults (legal experts) and national organization like the Roma's convention for the year 1980 and young and Enfris rules concerned with mutual marines looses. In addition to legislations and different laws.But on the light of relations' information for the search which occupied the rules of necessary application of a distinguish place and mixed with rules that left for freedom of the parts and their desires. So it must be shade a light on these rules and norms as regarded, we added another dimensions for the problem of conflict of law in the concern of special national relations. The rules of necessary application are the most rules which to proceed with the nature of insurance contract that gave constant saving stability (necessary stability) and affirmed insurance for those whose relations will rule by a known law in advance.And lead to solution justice and established balance in the relation that the equality may occupied between its pats. Where these rules usually build on the base of mental relation which linked its content and aims with space of application. And distinguished it on the rules of single approach in attribution (single side) that characterized insurance contracts which organized according to the rules ( that applied) within Loyid's in international organization.In addition to that, the rules of necessary application were and still in respectable place by international organizations that handled this subject in place of search if it was to the Roma convention or for European direction. Cause it considered from order rules which the nations legislations aimed to achieve certain goals, represented in insurance contract with a protection the week partner (assure) and protected economical basis for these countries.If the law of necessary application on insurance contract being according to the special supporting limitations to protect the week part with economical and social basis for different countries which are contracted with this contract. So it is necessary to this law to not limit on the subject of contract, that expanding to all its elements except to what is related with insurer qualification which is always being on the shape of insurance company, insurer, and what is related with the shape of contract that represented by (insurance document). In addition to the claims of insurance contract which were juristic difficulties to what is related to the law that ruled it. So the Iraqi insurance law of the number (10) for the year 2005 has a special role in the field of rules businesses of necessary application on insurance contract which in its part reflected clearly on the traditional supporting rules (rule of willing law) which is represented in the article (1/25) of the Iraqi civil law

النظام القانوني لوكالة العقود التجارية : دراسة مقارنة == The Legal System Of Commercial Contracts Agency A Comparative Study

Author name: اسراء صلاح محمد سعيد الطائي
Supervisor name: هالة مقداد احمد الجليلي
General topic: Law
Specific topic: Commercial Law
Degree: Master
Language: Arabic
University location: Mosul
First pages:
Abstract: وكالة العقود هي احدى صور الوكالة التجارية القائمة على فكرة النيابة الكاملة في التعاقد. فهي بمضمونها عقد يلتزم بموجبه شخص يسمى الوكيل بان يتولى على وجه الاستمرار، وفي منطقة نشاط معينة الترويج والتفاوض وابرام الصفقات باسم شخص اخر يدعى الموكل ولحسابه مقابل ا | Contracts agency is considered to be one the most commercial agencies that draw upon the idea of the complete proxy in contracting process. It is inclusively a contract that assumes an individual to undertake currently, in a certain active location, to negotiate and dealing. This can be fulfilled by the name and for the account of another constituent individual against a wage payable to the agent. The current study delineated that the contract has a property of being prominent rather than other formulas and commercial mediations. In order to fulfill the requirements of the any contract, there should be provided by parties of the contact (agent and procurator) and other individuals who sign the contract for them. The agent himself seeks individually to form this element, whichever advertisement, negotiating and ensuring. It should provide the prerequisite requirements (satisfaction, location and reason) for the integrity of the contract items to be validated in the rightful parties. Before the practice of the agent to the activities of implementing the contract agency inside the required country, he should make the procedures of the commercial record registration. Thus, it is prohibited to practice the agenda of commercial agency, only to the names recorded in the commercial record registration. These have been provided by the commercial agency lawful items. Commercial agency has properties may be associated with other contracts as a party - binding contract depends on negotiating among parties. Additionally, some properties that may be individualized tan others. The commercial agent characterized by individuality that he is free of managing all commercial activities. On the basis of signing the contract between the two parties, rights and commitments may be established. Many relations have emerged almost among the parties of the contract or the agent and the other individuals. If any party breaches the agency, there have been commitments about this type of liability.As for any contract, there must be validated. Contract agency provided the general reasons to validate the agency. Additionally, the lawmaker provided the individual reasons that the contract agency may have been validated. This can be seen in an individual will for one party of the contract and the idea of cooperative right that the contract thought was based on and justified the private system for the accomplishment. It is dedicated that the other party may be compensated as result to the violation of one item in contract agency on condition of uncompetitive procedure of the incompletion the contract. What is the conclusion of the judging condition and the degree of commitment to the parties of the contract after the validation?

النظام القانوني للممثل التجاري : دراسة مقارنة == The Legal System For The Commercial Representative A Comparative Study

Author name: صدام سعد الله محمد حميد البياتي
Supervisor name: نسيبة ابراهيم حمو الحمداني
General topic: Law
Specific topic: Commercial Law
Degree: Doctorate
Language: Arabic
University location: Mosul
First pages:
Abstract: بالرغم من الاهمية الكبرى للممثل التجاري في تنشيط حركة التجارة على الصعيدين الداخلي والخارجي بوصفه من اهم الوكلاء التجاريين في وقتنا الحاضر فضلا عن وكيل العقود. ومع ذلك فان الممثل لم يحظ في العراق بتنظيم قانوني منذ عقد الثمانينات، بل لم تلق الوكالة التجاري | In spite of the great importance of the commercial representation on the interior and exterior levels as an agent of contracts he has not been given the required legal system in Iraq since 1980s. Even the commercial mandate has not the aim of an objective legal system neither in the Iraqi law of commerce nor in special law passed for it.Consequently, this will lead to legislative gap in this concern and at the same time it is a good impulse for us to study not the commercial mandate with all its categories as commercial representation, contract agency and commission mandate, for fear that our study should be highty descriptive but our study concentrates on commercial representative because this subject has not been treated yet at least in Iraq. Therefore, the present study is divided into four chapters. The first one deals with the commercial agent, his definition and the nature of his work from legal point of view and distinguishing him from his counterparts because of the lack of an agreed definition of representation mandate we conclude a definition of the representative agent as an in dependant and professional commercial agent representing the interests of one merchant or more and he concludes contracts and attracts the clients. He does these functions for the benefit of his mandator and for his account in specified region. He has also his office and he chooses his representative and he pays all their commission and wages. We also reach a conclusion that the commercial representative is an agent of special type and he enjoys certain characteristics distinguishing him from all types of commercial agents. As for the second chapter it analyses the contract of commercial representation. We do not go through the bases of the commercial representation but we point out the particularity characterizing the commercial agent in forming the contract. The characteristics of this contract have also been explained. We concentrate on the fact that it is a contract based on complete representation and on common interest for two parties besides the personal consideration. It is important to add that the profession of the commercial representative has certain objective conditions. Among these conditions we mention his independence and professionality. Moreover, the formal conditions have been embodied by the registration in special register known as the register of commercial agents. The third chapter tackles the legal status of the commercial agent. It throws light on his rights which are reflected by fulfilling commercial acts by his name and for his own account. He has also the right to represent new mandators without taking any permission form his original mandatory and he has also the right to be represented by another person. He has the right to oblige his mandatory to compensate him if the looses his agents. This chapter studies all the obligations imposed on the commercial representative, from these obligations we mention that he has no right to compete his mandatory during the time of his contract. He has also the obligation of excuting all the transactions related to the conditions of guaranties and the obligation of the service after sale. The fourth chapter treats the guaranties which can be a good help for the commercial representative in order to obtain all it is due to his mandatory. From these guaranties we mention the right of solidarity and his privilege. The contract cannot be eternal and his mission ends whenever the contract comes to an end.As far as the contract of commercial representation is based on mutual interest is has been taken into consideration by some comparative legislation. This system becomes more obvious through the restrictions imposed by these legislations on the will of the mandatory and his commercial representative in ending the contract based on mutual interest. The more the clients increased the more profit the mandatory gains and the commissions of the representative will increase.Out of the present study, we try to show the particularity of the commercial representative which can distinguish him from his counterparts. This will help reach to legal system for the commercial representative suitable for his particularity

مسؤولية المصرف في الاعتماد المستندي والمخاطر التي تواجهه : دراسة تحليلية

Author name: بختيار صابر بايز
General topic: Law
Specific topic: Commercial Law
Degree: Doctorate
Language: Arabic
University location: Mosul