الطعن الاستئنافي طريق من طرق الطعن العادية، يلجأ إليه الخصم للطعن بالحكم الصادر ضده من محكمة البداءة في الأحوال التي يجيز فيها القانون الطعن بهذا الحكم ويبغي الطاعن بذلك عرض موضوع الدعوى البدائية كلاً أو جزءاً على محكمة الاستئناف بصفتها محكمة الدرجة الثانية في التقاضي لتصحيح الخطأ أو إكمال النقص في الحكم البدائي، فبمقتضى هذا الطعن يتم عرض النزاع أمام هذه المحكمة من جديد، لتنظر القضية من حيث الوقائع والقانون معاً، ومن ثم تفصل فيها بحكم نهائي. وقد اختلفت القوانين في تحديد الأحكام التي تقبل الطعن بطريق الاستئناف، إذ توسع بعضها في شمول العديد من الأحكام القضائية، فيما قصرها البعض الآخر على نوع معين من الأحكام، ومن هذا وذاك فإن دراستنا هذه تهدف الى بيان خصوصية وجدوى الطعن بطريق الاستئناف في ظل القانون العراقي، ومحاولة تفنيد الاتجاه الذي يدعو إلى إلغاء هذا الطريق من طرق الطعن بحجة إنه يؤدي إلى الزيادة في النفقات والتأخير في حسم الدعاوى المستأنفة.
Abstract
Praise be to Allah and prayers and peace be upon our Prophet, Muhammad, his family and all of his companions,
This research addresses the issue of judge's preaching to the litigants and witnesses; it is a very significant issue since the judge cannot know the insides and facts, but it issues judgments based on the hearings. Since people are originally wrong-doing and ignorant, they, therefore, commit injustice, oppression, false adversarial, and false testimony. However, some people can possibly retreat and return to the right, after being inattentive or recalcitrant, by preaching. This fact led scholars to talk about the judge's preaching to litigant and witnesses and this research is conducted
... Show MorePraise be to God, Lord of the worlds, and prayers and peace be upon our master Muhammad and upon his family and companions.
And after:
Muslim scholars have fought in the extent of regard to these interests, each according to his opinion and according to his evaluation, and his consideration of this interest, but it remains important that the legislation in them needs more precaution and caution against the predominance of passions, because the passions often decorate spoilers so they see an interest, so practical application must To realize the spirit of Islamic Sharia in its entirety of its rulings, and the preponderance between the interests and evils that prevail in our societies, which c
... Show Moreيتناول البحث خصوصية حق الاختصاص
خصوصية التراضي في عقود الاستهلاك
Abstract:
This research aimed to shed light on the juristic rulings concerning those in debts. It adopted the inductive approach, the analytical approach and the comparative approach. It tackled the following issues: definition of Zakat, the channels of paying Zakat, definition of those in debts, types of those in debts, those in debts who are not entitled to take Zakat, their cases, spending money by those in debts if taken by those in debts and the poor, and when those in debts become rich before paying their debts, and the ruling on paying the debt of the dead indebted from the Zakat money.
The most important results of the research are as follows:
Muslim jurists
... Show MoreScams remain among top cybercrime incidents happening around the world. Individuals with high susceptibility to persuasion are considered as risk-takers and prone to be scam victims. Unfortunately, limited number of research is done to investigate the relationship between appeal techniques and individuals' personality thus hindering a proper and effective campaigns that could help to raise awareness against scam. In this study, the impact of fear and rational appeal were examined as well as to identify suitable approach for individuals with high susceptibility to persuasion. To evaluate the approach, pretest and posttest surveys with 3 separate controlled laboratory experiments were conducted. This study found that rational appeal treatm
... Show Moreالأحكام القانونية للجرف القاري في القانون الدولي
Tax fraud is following different methods of tax evasion (bypassing the laws, instructions and regulations related to tax) by not showing the real taxable income by using laws, instructions and regulations improperly, and because of the weak basic role of forensic accounting in detecting and reducing tax fraud, the problem has become more influential on the state general tax income. The main objective of the research is to identify forensic accounting and the extent to how it can be applied in the General Tax Authority to assist forensic authorities in issuing judgments in fraud cases. To achieve the objectives of the research, the descriptive analytical approach was used to reach the topic of the research, and a questionnaire (co
... Show MoreA Forensic Accounting is represent science that deals with the application of knowledge in the areas of accounting, finance, tax and audit for the analysis, investigation, inquiry, inspection and testing issues in the civil law and criminal law in an attempt to reach the truth through which enable the Forensic Accountant to provide his Expert opinion , forensic accounting plays a major role by providing a range of important services in the field of investigation for fraud and litigation support, As one of the most important legal and accounting functions is to investigate allegations of alleged by the related parties, especially those allegations related to the existence of fraud, since the goal of judicial accountant will depend
... Show MoreThe research tagged with (similar rulings in the holy heavenly books - the Holy Qur’an and the Bible) highlights that there are a number of rulings in the heavenly books that are similar to each other in terms of content, meaning and significance and did not change from one prophet to another because they relate to the basic interests on which social relations are built. Documenting ties, preserving rights, preventing abuse, etc. These are among the divine purposes in clarifying rulings in order to reach their goals and achieve their goals. Therefore, by combining these rulings, many problems and incidents that are the subject of disagreement and doubt between the two religions can be achieved and addressed. Those who want reform, righ
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