هدير شلال شناوة |
العلم وأثره في التصرفات القانونية | الدكتوراه في القانون الخاص |
Abstract
The subject of the research
The drafting of legal provisions is the means by which the legislator decides to regulate and regulate legal positions and acts. If this organization is the purpose and wisdom of drafting the provisions, the legislator does not arbitrarily resort to organizing these centers by drafting certain provisions without relying on an officer or a standard in organizing these centers, And as one of the most important rules and standards on which the organization of legal acts is based is science. Therefore, we are required to study the statement of knowledge and its impact on legal actions .
Where the study of science requires us to focus on two aspects. The first aspect is the statement of the legislator’s philosophy of including science in legal actions and making it the standard that governs these behaviors .
The second aspect that we seek from this study is to show the impact of science as a criterion in controlling the internal saga of the legal text regulating the legal actions, and through this aspect, the rights of the existence of science are clarified and clarified .
The importance of research-
The study of science and its impact on legal behavior is of great importance, which is reflected in the fact that science is a criterion through which the legislator can control the centers and legal actions .
The importance of the study of science and its impact on legal behavior is expressed in two ways, one theoretical and the other practical.
The importance of the theoretical aspect of the fact that science as a general theory has attracted the attention of many sciences and the interest of jurisprudence studies alike, but this interest was not a single degree .
As well as the theoretical importance mentioned above, the subject of this study is of great practical importance, due to the multiplicity and different aspects in which the legislator adopted science in the order of the provisions governing these behaviors .
_ The programme of research .
As for the problem that revolves around the study of science and its impact on legal actions, it is possible to overlap science with many legal aspects, in which the legislator has made the role of the legislator in the arrangement of the relevant provisions. This difference and its role, although a positive factor in the subject of the study because it shows the importance of the subject in terms of Because it interferes with all aspects of the legal provisions organized by the legislator and opens the way for us to study, but it is not without the negative repercussions that begin with the need to define the concept of science in legal actions, and the obstacles to define the concept is the lack of specialized jurisprudence study We adopted by the adaptation of what came his philosophical and logical compositions as well as the contents of the books of Islamic jurisprudence opinions in this regard, and then refer to the legal literature.
_ The plan of research .
In this study, we will not rely solely on the Iraqi civil law, but on the basis of this study, But also include Egyptian and French civil law in different places of study .
The nature of the subject requires that the division of his study in terms of formality as follows: – This thesis consists of the preamble and Babin, we show the preamble the concept of legal dispositions and their division, while the first section contains the conceptual framework of science in legal behavior, and we will examine in the first chapter what science in the behavior , Which we divide on two topics, and we will devote the first section to the definition of science in philosophy and logic, while the second section will be devoted to the definition of science in jurisprudence .
We will then move on to the second chapter, in which we will shed light on the rank and distinction of science in legal actions, which in turn we will divide it into two subjects .
The second section includes the organizational framework of the science in legal behavior, and we will examine in the first chapter of the images of science in legal actions, which we will divide on two topics, and we will allocate the first section of the real science in the legal actions, the second section will be allocated to the virtual science in legal actions .
We will then move on to the second chapter in which we will shed light on the scope of science in legal actions, which in turn we will divide it into two sections, we review in the first subject the science in the will to conclude the legal actions .