2022
DOI: 10.55202/ajlpp.v1i2.69
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The Legal Nature of The Scientific Research Contract

Abstract: Because traditional contractual formulae do not always correspond to the patterns of sophisticated intellectual dealing, the world of knowledge is beginning to arrange itself automatically via the use of new and organized structures. The article's objective is to analyze Iraq's current contract law for scientific research, which must conform to the terms of the contract law governing the Nature of the research Community. The article uses broad scientific and specialized legal methodologies to advance the scien… Show more

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Cited by 2 publications
(2 citation statements)
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“…The French Court of Cassation has eased the burden of proving causation through five decisions issued on May 22, 2008, even in the case of conclusive scientific uncertainty on the realization of the causal relationship between the defect and the damage, 4 it went in one of its decisions (if the work for liability for the defective product requires proof of damage, and the defect is the existence of a causal relationship between the defect and the damage, such evidence may be proven by marriage provided that it is serious, accurate, consistent and consistent with reality) 5 The researcher believes that the direction of the French Court of Cassation falls within the broad concept of the text of Article 1382 of the French Civil Code, which granted the judiciary wide discretion in estimating the Qur'an that was not stipulated by law, such as the temporal convergence between the vaccine and the onset of the disease or the absence of a personal or family history of the disease, and the most important thing is the number of those affected by the vaccine after vaccination. The Court of Cassation rejected the decisions of the Court of First Instance because of the latter's claim from the victims to prove an accurate scientific relationship between the defect and the damage 6 for the injured party to obtain fair compensation for the damage he suffered.However, the French Court of Cassation usually passed again to retreat and limited the broad interpretation of the judges, which was granted to them under the text of Article 1382 of the French Civil Code and then limited the possibility of compensation for those affected, it went in one of its rulings (The broad interpretation of the Court of First Instance is true that it falls within its jurisdiction, but the Koran on which the court relied to request the litigants is not serious and accurate or consistent with reality enough to justify the award of compensation 7 .This is mainly reflected in the decisions of other courts, as the Court of Appeal in Paris went in the process of estimating the Qur'an submitted to it by the victim (the compatibility between the vaccine and the appearance of side effects, such as the absence of family history, is not a presumption that allows the assumption of a causal relationship between the vaccine and the damage). It follows from the preceding that the discretionary power granted to the courts under the text of Article 1338 of the Civil Code oven, Whether related to the defective nature of the vaccine or the causal relationship between defect and damage, has 4 Civil.…”
Section: First Prove the Defect And Damage And The Causal Relationshi...mentioning
confidence: 99%
“…The French Court of Cassation has eased the burden of proving causation through five decisions issued on May 22, 2008, even in the case of conclusive scientific uncertainty on the realization of the causal relationship between the defect and the damage, 4 it went in one of its decisions (if the work for liability for the defective product requires proof of damage, and the defect is the existence of a causal relationship between the defect and the damage, such evidence may be proven by marriage provided that it is serious, accurate, consistent and consistent with reality) 5 The researcher believes that the direction of the French Court of Cassation falls within the broad concept of the text of Article 1382 of the French Civil Code, which granted the judiciary wide discretion in estimating the Qur'an that was not stipulated by law, such as the temporal convergence between the vaccine and the onset of the disease or the absence of a personal or family history of the disease, and the most important thing is the number of those affected by the vaccine after vaccination. The Court of Cassation rejected the decisions of the Court of First Instance because of the latter's claim from the victims to prove an accurate scientific relationship between the defect and the damage 6 for the injured party to obtain fair compensation for the damage he suffered.However, the French Court of Cassation usually passed again to retreat and limited the broad interpretation of the judges, which was granted to them under the text of Article 1382 of the French Civil Code and then limited the possibility of compensation for those affected, it went in one of its rulings (The broad interpretation of the Court of First Instance is true that it falls within its jurisdiction, but the Koran on which the court relied to request the litigants is not serious and accurate or consistent with reality enough to justify the award of compensation 7 .This is mainly reflected in the decisions of other courts, as the Court of Appeal in Paris went in the process of estimating the Qur'an submitted to it by the victim (the compatibility between the vaccine and the appearance of side effects, such as the absence of family history, is not a presumption that allows the assumption of a causal relationship between the vaccine and the damage). It follows from the preceding that the discretionary power granted to the courts under the text of Article 1338 of the Civil Code oven, Whether related to the defective nature of the vaccine or the causal relationship between defect and damage, has 4 Civil.…”
Section: First Prove the Defect And Damage And The Causal Relationshi...mentioning
confidence: 99%
“…In September 2019, the Iraqi Presidency sent a draft law against domestic violence to parliament in preparation for debate and approval, which included forming a high committee by the Council of Ministers to take over executive functions to prevent domestic violence incidents [21]. In August 2020, the Council of Ministers submitted another draft of the Domestic Violence Act to the House of Representatives, whose provisions included more controversial provisions than the Presidential Act [22].…”
Section: B Draft Law Vs Domestic Violence In Iraqmentioning
confidence: 99%