Philosophy of speed in commercial law (A comparative study)

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Ishraq Sabah Sahib
Mohammed Majeed Kareem

Abstract

      Speed ​​is one of the original topics in commercial law, but it did not take its share of the research, despite its control over commercial work. Commercial work, and the position of the Iraqi legislator is paradoxical, He did not mention speed in the third article of the Trade Law, which was devoted to explaining the foundations on which trade is based, at a time when commercial jurisprudence is almost unanimously agreed that the reason for the existence of commercial law lies in the nature of business that is characterized by speed and succession, which makes civil law inappropriate for its ruling. On the other hand, the legislator stressed in some applications the need to follow speed, rather he used formulations that indicate his keenness to carry out the work in a great speed, such as saying “as fast as possible” and saying “immediately”, so this study comes to show the position of the Iraqi legislator regarding speed, and to determine The legal and economic basis and philosophy that led the legislator to adopt speed in this or that wor

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How to Cite
إشراق صباح صاحب الأعرجي, & محمد مجيد كريم الإبراهيمي. (2024). Philosophy of speed in commercial law (A comparative study). MIsan Journal of Comparative Legal Studies, 1(8), 365–387. https://doi.org/10.61266/mjcls.v1i8.200 (Original work published July 23, 2023)
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