2021
DOI: 10.55202/ajlpp.v1i1.64
|View full text |Cite
|
Sign up to set email alerts
|

Economic Analysis of The Trade Contracts: An Economic Perspective

Ammar Kareim AL-BSHERAWY

Abstract: The social, economic, and legal sciences system is an integrated system that requires knowing the nature and limits of the relationship between law and economy and whether this relationship is earthy or an equivalent relationship. We note that the research idea should provide a legal reading of the theory of economic analysis from a legal perspective since the basis of the convergence between economic law is the idea of benefits generally framed by the view of the contract.  Comparing the corporate contract pr… Show more

Help me understand this report

Search citation statements

Order By: Relevance

Paper Sections

Select...
1
1
1

Citation Types

0
3
0

Year Published

2022
2022
2022
2022

Publication Types

Select...
3

Relationship

0
3

Authors

Journals

citations
Cited by 3 publications
(3 citation statements)
references
References 15 publications
(17 reference statements)
0
3
0
Order By: Relevance
“…56 of 2000, excluding real estate completed on 1/1/1998 from the provisions of the rent and legal extension, thus making the existence of the real estate rental law useless in legal life. Thirdly, about repetition: the legislator has made to tighten the ownership of classes in two different systems, the first is the ownership of the upper and lower, which he derived from Islamic jurisprudence in articles (1082-1086) of the Civil Code, and the second is the system of floors and apartments in the Real Estate Registration Law, which he derived from French law, and there is no doubt that this situation is not sound ,5 as the legislator should unify the ownership of floors and apartments in one legislation to avoid repetition Fourth, we note that the conflict: it occurs between two different provisions in two different legal rules so that it makes the description opposite to the previous description (), for example, the text of 6 Article (68) of the Iraqi Civil Code number ( the original rights in kind are the right of ownership, the right of disposal, the right of infertility, the rights of benefit, use and the right of long lease), as The legislator made the right of long lease of the rights in kind original, and the contradiction lies in the concept contrary to this right, which is the right of short lease, which is considered a personal right, this is the contradiction in which the legislator fell () 7 There is no doubt in the big difference between the right in kind and the personal right because the right in kind () 8 direct authority on a particular thing in particular either the personal right entitles the creditor to claim the debtor to do an action or refrain from doing as the The right in rem entitles the owner of the right of preference without the personal right, as well as the text of Article (740) AD stipulates (if the lease contract is for a period of more than thirty years or it is for life ...... etc) through the analysis of the aforementioned text, we find that the Iraqi legislator stipulated the possibility of holding the lease for a period of perpetuation, that is, the legislator granted the lease one of the characteristics of the right of ownership, which is perpetuation, and this position is the subject of criticism, so how can the lease contract, which is one of the term contracts, turn into a perpetual contract in which the benefit is separated from the ownership, and the 9 conflict may occur within the text of one article, for example, the text of Article (219), where it stipulated in the first paragraph (for the government, municipalities (4) Javad Kazem Javad Simaism , The Role of Duration in the Lease Contract, Zain Human Rights Publications, 1st Edition, 2011, p. 73 (5) Dr. Mohammed Taha Al-Bashir. Dr. Ghani Hassoun Taha , Rights in rem , Atak Book Industry '3rd Edition, 2009, p. 144 (6) Abbas Ali Al-Ali The concept of contradiction and contradiction, quoting Improve Ahmed Samael , p. 253 , Ibid.…”
Section: 2definition Of Exacerbationmentioning
confidence: 93%
“…56 of 2000, excluding real estate completed on 1/1/1998 from the provisions of the rent and legal extension, thus making the existence of the real estate rental law useless in legal life. Thirdly, about repetition: the legislator has made to tighten the ownership of classes in two different systems, the first is the ownership of the upper and lower, which he derived from Islamic jurisprudence in articles (1082-1086) of the Civil Code, and the second is the system of floors and apartments in the Real Estate Registration Law, which he derived from French law, and there is no doubt that this situation is not sound ,5 as the legislator should unify the ownership of floors and apartments in one legislation to avoid repetition Fourth, we note that the conflict: it occurs between two different provisions in two different legal rules so that it makes the description opposite to the previous description (), for example, the text of 6 Article (68) of the Iraqi Civil Code number ( the original rights in kind are the right of ownership, the right of disposal, the right of infertility, the rights of benefit, use and the right of long lease), as The legislator made the right of long lease of the rights in kind original, and the contradiction lies in the concept contrary to this right, which is the right of short lease, which is considered a personal right, this is the contradiction in which the legislator fell () 7 There is no doubt in the big difference between the right in kind and the personal right because the right in kind () 8 direct authority on a particular thing in particular either the personal right entitles the creditor to claim the debtor to do an action or refrain from doing as the The right in rem entitles the owner of the right of preference without the personal right, as well as the text of Article (740) AD stipulates (if the lease contract is for a period of more than thirty years or it is for life ...... etc) through the analysis of the aforementioned text, we find that the Iraqi legislator stipulated the possibility of holding the lease for a period of perpetuation, that is, the legislator granted the lease one of the characteristics of the right of ownership, which is perpetuation, and this position is the subject of criticism, so how can the lease contract, which is one of the term contracts, turn into a perpetual contract in which the benefit is separated from the ownership, and the 9 conflict may occur within the text of one article, for example, the text of Article (219), where it stipulated in the first paragraph (for the government, municipalities (4) Javad Kazem Javad Simaism , The Role of Duration in the Lease Contract, Zain Human Rights Publications, 1st Edition, 2011, p. 73 (5) Dr. Mohammed Taha Al-Bashir. Dr. Ghani Hassoun Taha , Rights in rem , Atak Book Industry '3rd Edition, 2009, p. 144 (6) Abbas Ali Al-Ali The concept of contradiction and contradiction, quoting Improve Ahmed Samael , p. 253 , Ibid.…”
Section: 2definition Of Exacerbationmentioning
confidence: 93%
“…The mirror is exposed to disorders and stress during pregnancy and monthly habits leading to violence. Mental disorders and alcohol and drug use also affect people with these disorders more violently due to loss of perception and discrimination [2]. In addition to the lack of religious awareness of the correct Islamic instructions, many Muslims do not differentiate between the right of discipline that Islam gives to the husband over his wife and children and family violence [3].…”
Section: Asubjective and Social Reasonsmentioning
confidence: 99%
“…Moreover, to assess the reality of the economic unit and how it manages the resources assigned to it to make the appropriate decision for different users, whether they are internal users (management at all levels and employees of the economic unit) or external users (creditors, government, investors, regulators, and the public). Due to the importance of accounting information (financial and non-financial) as it reflects the nature of the business in the economic unit through reports and financial lists, which are necessary to achieve accountability and transparency on the use of resources and overheads and the diversity of their benefits by different entities because they are a significant control of the decision-making process, so it is necessary to look for the availability of interest (AL-BSHERAWY, 2021). In addition to the availability of quality accounting information, the information presented should be accurate, accurate, and accurate, and an interview of the reality it represents.…”
Section: Introductionmentioning
confidence: 99%