the legal framework for the imperfect rights in civil law (comparative study | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Volume 13, Issue: 2 part 2, December 2023, Pages 164-209 PDF (895.66 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2023.141978.1037 | ||
| Authors | ||
| ahmed mohammed siddiq* 1; Hussein Obaid Shawat2; Haider Salah Gatea2 | ||
| 1Iraq / Kirkuk / University of Kirkuk / College of Law and Political Science | ||
| 2Al-Qadisiyah University/ College of Law | ||
| Abstract | ||
| The incomplete right occupies an intermediate place between the rules of law and the rules of ethics. If the law does not care about pure moral duties such as charity to the poor, as it is left to the rules of morality and orders of religion, then the incomplete right floats on the surface of the legal rule and does not go deep into it until it can be said that the law breathed a little of its spirit into it. The natural commitment to clear and adequate texts, and the importance of the study is evident in clarifying the difference between the right when the law provides protection for it and when it strips it of it, and does the right remain a right in the event of stripping it of protection? What is the extent to which the missing right is considered a legal right? In addition, the civil legislative organization in Iraq suffers from a legislative vacuum around the concept of the imperfect right and the natural obligation, which is its evident form. Therefore, this study seeks to show ways to establish a general rule on this subject. | ||
| Keywords | ||
| obligation; ،Right; ،imperfect right; ؛; ،Moral | ||
|
Statistics Article View: 2,279 PDF Download: 128 |
||