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انتقال الحق في التعويض عن الضرر الى الخلف العام : دراسة مقارنة بين القانون والفقه الاسلامي == Transmission of the right of compensation to the general successor : comparative Study

اسم المؤلف: حيدر علي مزهر النصر الله
اسم المشرف: حميد سلطان علي الخالدي
الموضوع العام: القانون
السنة: 2016
الموضوع الدقيق: القانون المدني
الدرجة: دكتوراه
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:

التنظيم الدستوري والقانوني لحق المشاركة في الشؤون العامة : دراسة مقارنة == Constitutional and legal regulation of the right to participate in public affairs : Comparative study

اسم المؤلف: جمال ناصر جبار
اسم المشرف: مها بهجت يونس الصالحي
الموضوع العام: القانون
السنة: 2016
الموضوع الدقيق: القانون الدستوري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:

قواعد الاستجواب في الدعوى المدنية

اسم المؤلف: مصطفى ماجد عبد الجليل
اسم المشرف: هادي حسين عبد علي الكعبي
الموضوع العام: القانون
السنة: 2016
الموضوع الدقيق: قانون المرافعات المدنية
الدرجة: دبلوم عالي
الجامعة: المعهد القضائي
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:

المسؤولية المدنية للمحامي عن افشاء السر المهني : دراسة مقارنة == The Civil Responsibility of the lawyer of reveal the profession secrete : comparison study

اسم المؤلف: حسام جادر فليح
اسم المشرف: سلام عبد الزهرة عبد الله الفتلاوي
الموضوع العام: القانون
السنة: 2016
الموضوع الدقيق: القانون المدني
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بابل
الصفحات الاولى:

تجاوز الاختصاص النوعي في الدعوى المدنية : دراسة مقارنة == Exceeding the Specific Jurisdiction in civil case : A comparative study

اسم المؤلف: حبيب عبيد مرزة العماري
اسم المشرف: حسن حنتوش رشيد الحسناوي
الموضوع العام: القانون
السنة: 2016
الموضوع الدقيق: قانون المرافعات المدنية
الدرجة: دكتوراه
اللغة: العربية
مكان الجامعة: كربلاء
الصفحات الاولى:

السلطة التقديرية للقاضي في العلاقات المتعلقة بالاشخاص ذات العنصر الاجنبي : دراسة مقارنة == The Discretionary Power To The Judge In Relations To Persons With Foreign Elements Comparative Study

اسم المؤلف: نجاة كريم جابر الشمري
اسم المشرف: عبد الرسول عبد الرضا جابر الاسدي
الموضوع العام: القانون
السنة: 2016
الموضوع الدقيق: القانون الدولي الخاص
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بابل
الصفحات الاولى:
المستخلص: ان السلطة التقديرية للقاضي في العلاقات المتعلقة بالاشخاص ذات العنصر الاجنبي تلعب دورا مهما وحاسما، هذه الفعالية التي يملكها القضاء في اطار هذا القانون تتسق مع فلسفة وجود القانون الدولي الخاص , فهو قانون لا يقوم على الفردية والانعزال، بل على الانفتاح | The discretionary power of the judge in relations relating to persons with foreign element plays an important and critical role, this event is owned by the judiciary in the framework of this law that are consistent with the philosophy of the existence of private international law, as a result of the expansion of the legal Relations to persons and their movement across the border from one country to another ,therefore Private International Law does not based on individual and isolation ,but on the openness between the countries. Perhaps this diversity and dispersal is the one who justified the lack of full rationing to deal with all disputes concerning about them, which throws all its weight on the judiciary to exercise an important role in this relationship because of its discretionary power in assessing each case alone , judiciary as a last resort for litigants him to govern justly among them and it cannot be invoked or to decline to do so under the cause blurred text or lack of it, has resulted in this changing reality (the decline of the role of the legislature) to give a large area of the judiciary in that used his discretion and diligent essayed industry solutions in cases of non - existence of the text, and even he with a text by hypothesis, in some cases, that complements and enhances this text exist and starts Bmle legislative blanks.In the field of international transactions in order to reconcile the data and the requirements of real - life relationships relating to persons with foreign element. Legislature and Judge works both according to the theory of extensions and integration, the former security need for the survival of his role limited to general guidelines because of the lack of its potential to familiarize themselves with all the details and facts divisions and complexity of the ever - changing changing human needs, the legislature by seeking that he wanted to give the judiciary the possibility of this confrontation has grown and grown this role to spend more and more, especially in the legislative and judicial pluralism countries. As notice that most legal systems moving toward granting the judge wide discretion power in the works effected Rule as is the case with English law as the law is codified (in accordance with the case law), so it gives to judiciary the force of law the judge is the one who makes the legal Rule and establish it through judicial actions, and in return, others as Germanic legislation abandoned the idea of arbitrary discretionary power or absolute.The judge use the effected Rule so that no longer have a presence in the field of nabimal judiciary when separated in the Relationships of foreign element because they lead existence of the State of illegal controlled by arbitrary and no room to estimate the but succumb to the wishes and desires of the judge and this cannot be taking it in practice, so it requires that the judge proceed with his work in the light of the disciplined law source, judge exercised his authority and derives its mandate from the legislature, which defines the scope of this authority in accordance with the provisions of the legislative detailed, as is the case in matters of personal status such as marriage and divorce.We have made clear from our study that the judiciary in general and the resolution, in particular, is not correct on its own, but higher courts monitor the application of the judge to effected Rule, as a national legal basis in order not to lose the power and the limits are exceeded by the judge, the Judge makes a binding good interpretation and application, whether it is losing sight of the Judg application , despite the availability of the conditions applied, or applied automatically without respect for the principles of impartiality of the judge and respect for the rights of the defense or it comes to make a mistake in the application, as a national legal Rule whether to adapt the legal issue in spite dispute or in the application of effected Rule where properly applied, or in determining the scope law ascribed to monitor the conditions applied, whether this rule double or single side, whatever the nature of the rights as regulated by the judge erred in that the judgment be set aside for the violation. That's what my study focused about what he should be enjoy with discretionary power to provide protection of the peoples, Rights , and perhaps difficult point of this issue lies in the comparison between the states legislation that we have taken exclusively as the civil law of Iraq, Egypt of one hand, and civil law of French, English on other hand. What is worth point out that the aim of this study , but a detailed vision for the discretionary power of the judge, Through Limits of this power in the framework of the special nature of relations to persons with foreign element in order to improve and encourage national transactions across international borders in accordance with this the idea we will try to prove in this modest study, the discretionary power of the judge in relations to persons with foreign element and that these terms were instrumental, but I weighed used to my belief in the significant role played by the both of them, Sometimes as we said before the judge gives discretion was the latter represented are known authority of appreciation, a flexibility that you get a tacit agreement between the legislature and the judiciary, which the legislator seeks its report to events or imported balance character between change reality and rigidity of the text in order to keep abreast of new developments in the framework of the reality of life, and this role can be termed without hesitation role of supplementing the work of the legislature, and in humble appreciation that the latter role is in the discretionary power inherent in the work of the judge, and at other times narrow and lacking the authority of the judge in the framework of legislative texts with legislator scope to the discretionary power of the judge. detailedAccordingly, this modest study will take care of, to study the features of the discretionary power of the judge in relations to persons with foreign element in terms of concept of the discretionary power of the judge and distinguish them from adapting, and what limits the scope of outstanding personal rights relations, as well as relations relating to personal status.

دور الادعاء العام في حماية المال العام في العراق : دراسة مقارنة == The Role Of General Prosecution In The Protection Of Funds In Iraq ( A Comparative Study)

اسم المؤلف: ایاد جعفر علي اكبر الاسدي
اسم المشرف: هدى هاتف مظهر الزبيدي
الموضوع العام: القانون
السنة: 2016
الموضوع الدقيق: اصول المحاكمات الجزائية
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: البصرة
الصفحات الاولى:
المستخلص: The aim of thesis is to shed light on the role of the General Prosecution in protecting of public funds in Iraq and to evaluate this role, based on the objective which is stipulated in Article 1 of the General Prosecution Law No. 159 of 1979, which is effective and the purpose for which it was found, (Public interest) or public right. The General Prosecution is considered the agent and the legal deputy of the society in the defense of his legitimate interests and rights.According to the importance of public funds in the conduct of the State's activity and public facilities. And it has an effect to achieve economic, military and security stability and its reflection on the public interest, this has made the legislation seek to provide adequate legal protection for it. The protection of the General prosecution is one of the protection types, as a procedural protection is not limited to the criminal side of the power to initiate criminal action against the public right to crimes in general and corruption offenses in particular, but extends to the civil side of intervention and presence in civil proceedings to which the State is a part of it or claim civil rights arising from criminal case.These papers aimed to shed the light on this protection and its effectiveness in achieving its goal, as it became clear to us that this protection in Iraq is weak and without the level of ambition ,due to several reasons, some of them regard to the same system, and others regard to the legislation of the prosecution In addition to the fact that the law when it set the goal of preserving the state funds did not give it special or exceptional means to reach its goal and others traditional jurisdictions, and the research did not deal with its jurisdictions (Before and after the trial),which are general terms of reference for all crimes, but these papers focused on its role in Iraq and its jurisdiction in the field of criminal action in crimes of public funds.As the General Prosecutor's Office in Iraq is not alone in seeking to protect the public funds ,but there are other commissions that have been developed by the legislator, such as the( Federal Financial Supervisory Board), and new commissions that have been established after 2003 such as (the Integrity Commission, the offices of the Inspectors General and the Anti - Money Laundering Office) The relationship between the public prosecution and these agencies in the framework of protecting public funds and combating the corruption, as it has been shown that there is a close relationship between them and they are important news sources for the prosecution's office on corruption cases in addition to others. Also there are several procedural participants, including the Integrity Commission(as an investigative body works under the supervision of the investigating judge and prosecution.The studies revealed the integral role of these bodies as a legal system in which the General prosecution occupies the important role and polarization. The studies concluded that the necessity of connecting these devices technically to the General prosecutor's office in addition to some legislative amendments to the laws that were created In order to activate the role of the public prosecution in the protection of public funds. Also the thesis dealt with the guarantees that have been required by the General prosecution in order to strengthen its role in protecting public funds. The most important security guarantees were the guarantee of independence and the guarantee of specialization. The General prosecution in Iraq , theoretically andpractically, is not independent but it is subordinate to the Supreme Judicial Council and one of its formations , and this is contrary to the Iraqi Constitution, which made the General Prosecutor's Office one of the formations of the judiciary mentioned in article 89 of the 2005 Constitution, These as for the guarantee of specialization are important and needed by the public prosecution system to activate its role as the study concluded that the current structure of the public prosecution is timid and does not meet the requirements of the stage for the public prosecution system in protecting public funds, in contrast to some comparative legislations. Unlike some comparative legislation the Arab republic of Egypt, which formed several specialized bodies including the body of Egyptian public funds our study was compared to some of the legislation, which (French, Egyptian and Jordanian legislation) The comparison does not necessarily mean that such legislation is necessarily the best, but the purpose is to benefit from the experiences of these countries and determine the position of the Iraqi legislation. To choose what suits the country and its circumstances.It should be noted that the draft law of the new General prosecution for the year 2016 was not absent from the researcher where the study covered the points of positive and negative, negative aspects were more than positives, and at the end of the thesis we reached many of the results and proposals, which we mentioned above, The agency in Iraq that the legislator has made the prosecution of the public right is an optional and not obligatory, and not limited to be done by the prosecution, but made it by other agency , and its role is unclear and weak during the stage of investigation and collection of evidence and during the initial investigation stage. the thesis has identified the miscarriages and developedappropriate solutions that the researcher hopes to resonate with the higher authorities and decision makers in IraqWhere the study identified the imbalance and developed appropriate solutions that the researcher hopes to resonate with the higher authorities in Iraq and decision makers...... and last but not least, no matter how much effort, it remains a minor because the perfection of God Almighty, and This thesis is only a modest seed in the path of reform and the advancement of the status of the prosecution in Iraq and its positive effects on the path of reform in the country in general..Praise be to Allah, Lord of the Worlds

حماية مقر البعثة الدبلوماسية في القانون الدولي == Protect The Diplomatic Mission's Headquarters In International Law

اسم المؤلف: مسلم طاهر حسون الحسيني
اسم المشرف: صلاح جبير صدام البصيصي
الموضوع العام: القانون
السنة: 2016
الموضوع الدقيق: القانون الدولي العام
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: كربلاء
الصفحات الاولى:
المستخلص: يحظى موضوع حماية مقر البعثة الدبلوماسية في القانون الدولي باهمية خاصة يتاسس على ضرورة ضمان الحماية الكافية لمقر البعثة الدبلوماسية لتمكين افراد البعثة من اداء وظائفهم على اكمل وجه بوصفهم ممثلين لدولهم كما اكدت على ذلك الاتفاقيات الدبلوماسية والقنصلية , وع | the protection of the diplomatic mission's headquarters in the international law enjoy with particular importance, as it is based on the need to ensure adequate protection for the headquarters of the diplomatic mission to enable mission members to perform their jobs to the fullest picture, as they are representatives of their respective countries. as it stressed on that the diplomatic and consular agreements, and on this basis, the protection of the mission headquarters and all accessories have an extreme importance as a link of communication between the various countries of the world. Consequently the highlights importance of studying the protection of the diplomatic mission headquarters to maintain the permanence and continuity of international relations as well as to maintain the foreign vital interests and protect them from abuse and attacks that are exposed, which imposes on the states to do the necessary to ensure the protection of diplomatic headquarters and to ensure the sanctity according to international conventions measures. The international community witnessing an expansion and development in the field of international relations, and the countries strive to consolidate and strengthen these relations through the upgrading of international cooperation in all areas. Diplomacy considered as the main pillar in the international exchange between all countries of the world, as well as the important role they play in the establishment and the consolidation and deepening of international relations, and through diplomacy many of the disputes and conflicts and problems are addressed and resolved as consensual of the Parties, And to promote an atmosphere of good mutual relations between the countries of the world, and on this basis , all countries sought to establish and set up diplomatic missions, to represent their countries at the other countries, and to reconcile between common vital interests and based on that the consequences of the establishment of diplomatic bodies set up physical entities to those diplomatic missions of buildings and diplomatic headquarters the international community has been concerned with a great interest in providing protection to the headquarters of the diplomatic mission and all accessories, And this protection stems from the importance of diplomatic relations between the countries of the world. It is necessary to say that the protection of the diplomatic mission headquarters constitutes one of the basic rules of international diplomatic organization from the beginning of international relations between countries , because of that the diplomatic mission represents a key element in the formation of the diplomatic mission, and thus represent the physical entity for it and for the state represented by , so that the norms was confirmed in diplomat to secure protection for the headquarters of the diplomatic mission and all its buildings by host country , so that the mission members to perform their jobs freely , tranquility and safety , at the same time the rules of diplomatic law placed obligations on the state and accredited staff missions using diplomatic headquarters for Legitimate diplomatic business and what is not incompatible with the duties and functions of the diplomatic mission. And WITNESS WHEREOF, we dealt this study to protect the diplomatic mission's headquarters in international law by dividing this Search to three chapters where we have dedicated the first chapter to demonstrate the concept of the protection of the diplomatic mission headquarters and scope and the rules governing them within the first section of this chapter , while we dealt in the second part with immunities and privileges prescribed to protect diplomatic mission headquarters and dealt with the exceptions that are provided for the immunity of the mission headquarters, we have dealt in the second chapter with the legal regulation to protect of mission headquarters, in the first section of this chapter we dealt with the legal nature of the protection mission headquarters as well as protect them in accordance with relevant international agreements. While the second section of it dedicated to the statement of the legal rules established to protect the mission's headquarters during the armed conflict, and finally, we search the liability arising from the violation of the sanctity of the diplomatic mission's headquarters , in the third quarter, where the first part of it addressed the responsibility of the host country and its strains and its basis and its effects arising from the violation of the sanctity of the mission headquarters, we dealt in the second part with the responsibility of individuals through the statement of the nature of the violations committed by individuals as well as the statement of sanctions resulting from the violation of the protection of the diplomatic mission's headquarters in accordance with national legislation and international conventions and the phenomenon of attacks and abuses on the diplomatic mission and the headquarters especially in light of the current international situation as one of the most important motives in writing this research.

الحماية القانونية لخدمة البث الفضائي == Legal Protection Of Satellite Broadcasting Services A Comparative Study

اسم المؤلف: بيداء خضير عبيس فضل
اسم المشرف: ميري كاظم عبيد الخيكاني
الموضوع العام: القانون
السنة: 2016
الموضوع الدقيق: القانون المدني
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: القادسية
الصفحات الاولى:
المستخلص: في ضوء التطور المستمر في مجال تكنولوجيا الاتصالات وخاصة في مجال الاقمار الصناعية, اصبحت خدمات البث الفضائي اقوى واهم وسيلة لارضاء حاجة الفرد اللامتناهية للمعرفة, بايصالها المبثوثات السمعية والمرئية الى الجمهور متجاوزة في ذلك مختلف العوائق الجغرافية والحد | In light of the continuing evolution in the field of communication technology, especially in the field of satellites, Satellite broadcasting services the least become stronger and the most important a means to satisfy the need of the individual endless for knowledge, receipt them on audio and video Broadcasts to the public exceeding in various geographical obstacles and international boundaries, Scientific and technological advances have contributed The emergence of so - called satellite That exceeded the capabilities of different means of communication, Greatly influenced the development of broadcasting services And converted from terrestrial broadcasting technology to Broadcast technology via satellite Expansion of technical coverage to include the vast distances of The Earth Which led to the possibility to capture Broadcast signals By receiving stations non directed to Originally transmission Which led to the abuse of Satellite broadcasting services and damaging the approaching offered Hence the urgent need emerged The need to provide Effective legal protection That keep pace with advanced technology Services satellite broadcast And accommodate it, Therefore this study was to address the previous problematic and find appropriate solutions, the fundamental problem around which this research lies in the possibility of protection of broadcasting satellite in accordance with Iraqi legislation services. In this context, several questions arise, including : (1) What should be protected in accordance with Iraqi law? It must specify the target of the protection of services satellite broadcasting, does mean the protection of these services in the protection of broadcasting itself or the content being broadcast. (2) What are the rights that should be granted to the providers of services satellite broadcasting? And if they actually enjoy certain rights does enough to protect them? (3) How should the protection of services satellite broadcasting in accordance with Iraqi law? Is it enough traditional legal means to protect these services? We discussed this subject in three seasons, we have dedicated the first chapter to show the concept of satellite broadcasting services, through a statement of what it is, we have discussed in this chapter types granted to the satellite broadcasting services of legal protection At the level of national and international legislation. The second chapter dedicate to determine the rights of the satellite broadcast services through a statement the concept and determine the legal nature, as we touched it to the owner of these rights through defined and distinguished from the others, and finally the third chapter, which we dealt with the boundaries of legal protection of services satellite broadcasting, And Clarified the scope of that protection and legal restrictions that are set out in addition to determining the means of protection. We have found through research that services satellite broadcasting economic advantage distinguish it from other namely, it's always a paying Whether this contrast directly Agra or indirectly as it may devoid of any form of forms of direct financial payment to be paid by the recipient of the service provider as opposed to made available, but it financed indirectly by advertising revenue or airtime charges. It follows the services satellite broadcasting group rights granted to the offered it, some of which are fixed rights have a firm stance in international copyright law and adopted by most of the domestic laws, include the rights of rebroadcasting and installation, copying and communication to the public, in addition to other rights have been developed to cope with an update on trading in broadcasting services market, which is the rights of access and distribution following the transmitter to be installed. And also introduced additional protection is arranged all the previous rights to previous signals for broadcast. We also found that the legal protection of satellite broadcasting services to be on three levels, the first level is the established legal protection Texts of various laws, while the second level of such protection is to technical protection Using Control How to access To broadcasts, while the third level of protection is represented by devoting legal protection for technical means of protection. We have found through our research to several proposals may be the most important, need to review the definition broadcasting service contained in the (m 1, P 4) of the Iraqi Media Network, Law No. 26 of 2015 on several things including : the exclusion of transmissions over computer networks of the concept of broadcasting and that was transmitted by wireless means, and not to describe broadcasting services for free Because it means that these services are provided free of charge, while the contrast or pay basis element of the broadcasting services. And deal with the problem the absence of legislative organization texts of the restrictions contained on the legal protection of the broadcasting services and emphasize the importance of the restriction on the right of the public to access major importance based on the right to get the information that prevents the exclusive broadcast of the events which are of major importance for the Iraqi society, in a way the events lead to deprive a large proportion of the possibility of follow - up of these events directly or deferred coverage.

الباعث الشريف واثره في التجريم والعقاب == Sharif Motive And Its Impact On The Criminalization And Punishment

اسم المؤلف: هدى علي عنيد كاظم
اسم المشرف: كاظم عبد الله حسين الشمري
الموضوع العام: القانون
السنة: 2016
الموضوع الدقيق: القانون الدولي الجنائي
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: تصنف البواعث من حيث الوصف الى بواعث اجتماعية واخرى غير اجتماعية، والباعث الاجتماعي هو : (ماتمليه الرغبة في المحافظة على الشرف والكرامة )،ويسمى في قانون العقوبات العراقي بالباعث الشريف وفق ماورد في المادة (128) التي نصت على انه : (.......يعتبر عذرا مخففا | Classified motives in terms of description to a social motive and other non - ajtmaah,social motivation is(matmelih desire to maintain the honor and dignity ), and called on the iraqi penal code balbaos sharif according to the false text of article(128) , which stipulates that (…….itconsidered amitigating excose to commit a crime motivated dishonest…..),it is noted that the iraqi penal code has peen devoid of a special organization balboaos only that he considered legal excuses diluted penalty to be imposed,but the penal code and that he did not draw the emitter foundations and useful rules of thunb when determing its uses during the season in the issues raised before the trial court,But the penal code and that he did not draw the emitter foundations of fixed rules determine its uses during the seasonin the issues before the trial court ,but he took it in some cases,without mentioning him , and did not leave the legislator to the judge the power to describe the motive for certain crimes vaattabrh motive honest and arranged impactand arranged the legal effect of it in terms of mitigation of punishment on the offender ,as is the case in the murder of a newborn child or abort the bregnancy in order to brevent a shame if his mother had carried him a serial killer(article 407 of the Iraqi penal code ), it is admitted that penal laws do not confuse the motive sharif and criminal intent ,as albgat is not an element of the crime and has no effect in the presence or in the terms of the punishment ,if the availability of staff of the crime committed the offender worthy to carry criminal resbonsibility is not a lesson after the punishment maturities ,in cluding paymint the perbetrator of the crime is not a lesson that was conducive honorable or despicable ,it follows that the motive does not affect the existence of the crime ,but its impact is limited to the sanction pronounced,and that mitigation in the limits sbecified by law and in accordance with the authority granted to him in power between the highest and lowest legal limits in accordance with the provisions of articles (130,131,132). Finally the motive on the grounds sharif a factor in the sentence makes him a reason to achieve justice that principle which is one of the principles that mean outgrow their constitutions and laws to achieve that equali

النظام القانوني لعقود البث الفضائي : دراسة مقارنة == The Legal System Of Satellite Contracts A Comparative Study

اسم المؤلف: هدى جواد عبد الرضا
اسم المشرف: راقية عبد الجبار علي
الموضوع العام: القانون
السنة: 2016
الموضوع الدقيق: القانون المدني
الدرجة: دكتوراه
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: This kind of contract is considered a new type of contract since it was not known until recently. This is the contract of broadcasting through satellites. This contract is a performance one, committed by the provider of the service. The provider should be responsible for the trustworthiness, legitimacy, morality and authenticity of the material broadcasted. On the other hand, the user is obliged to pay and be cooperative with suppliers by providing the necessary information for broadcasting. In addition to providing the right, thorough, and up to date information the benefactor is committed to pay and cooperate with the supplier. This is done through providing follow up about the broadcast needed. Both parties should assure the confidentiality of the information wither this information is known before or after contracting. Therefore any violation of these regulations must face civil accusations for both parties of the contract. The communication laws referred to them in Iraq, Egypt, Jordan, Oman, and the UAE. There are certain penalties and fines imposed on every breach of the contract from both parties. These contracts require certain approvals from the country in which it is broadcasting. Otherwise the country has the right to stop the broadcasting. In Iraq it lies under the responsibility of media and communication ministry. They require satellite and ground stations their duty is to send and receive from and to satellites. These stations are usually based in other countries, this may cause a problem committing to the regulations in times of disputes.Thus it is preferable to state allstations in one country. According to the contract regulation the implicit or explicit rules do not solve the problem. Therefore the terms of the shared nation and the place where the contract took place, should depend on rule number 25 from the Iraqi civil law regulation number 40 1951. We decided to follow rule number 30 of the prejudice performance the of and to mend the gap of the application of laws we depended new regulations derived from the laws of transmission and the reception country. In addition to accepting the laws of the transmission country since their laws is known from both disputed parties.

حل الاحزاب السياسية في العراق : دراسة مقارنة == Dissolution Of Political Parties In Iraq (A Comparative Study)

اسم المؤلف: نوال جرو كاظم
اسم المشرف: مهند ضياء عبد القادر
الموضوع العام: القانون
السنة: 2016
الموضوع الدقيق: القانون الاداري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: بالنظر للاهمية التي تحظى بها الاحزاب السياسية، فقد اصبحت محل اهتمام ودراسة الباحثين في المجالات القانونية والسياسية، لذلك اخترنا جزئية معينة من ضمن موضوع الاحزاب السياسية كتنظيمات وجماعات سياسية تمارس دورا مؤثرا في حياة النظم السياسية، وهذه الجزئية تتعل | According to the importance given by the political parties, it became focused by researchers of legal and political fields. This is why we choose a certain part of political parties subject as an organization and political groups that has an influential role in the political system life and this part deals with parties dissolution by showing the factors and conditions that lead to political parties dissolution. There are many studies on political party and in different political systems, but the focus has always been on the mechanisms of the establishment of political parties, its pluralism and the methods of financing without the theme its dissolution which led to choose the title of (Dissolution of Political Parties in Iraq - A comparative study).This thesis has adopted more than a certain approach to study the subject through the use of the historical method to trace the evolutionary path that passed by the parties, as well as the adoption of the analytical method in the study of the legal legislations that addressed the issue of political parties dissolution by showing political parties regulating legislations since the monarchy in Iraq till present time and analyze its content as well as the use of comparative approach in order to study the issue of dissolution political parties by including the legal texts which organize the process of dissolution the political parties in Iraq and some other comparison countries which has been chosen for the similarity of its political environment and because it have the status of permanence and stability.The details of the study included the presentation of the concept of political parties during the definition of the emergence of political parties, the elements of the political party and the distinction between political parties and likewise all other policy organizations.Also, the obligations that are imposed on political parties were discussed for the principles and objectives of the political parties or liabilities related to the establishment of these parties.We've also dealt with the subject of legal regulation to dissolute political parties through the study of censorship imposed on the activity of political parties and the elements that lead to the dissolute the political party as well as showing case studies of dissolute political parties.Finally, we would like to clarify that the problem of research is the lack of clear provisions that mainly shows the legal arrangements related to the dissolution of political parties and this is because of the weakness in partisan legislations in general which forced us to use more than one approach in this study as well as comparing current Iraqi legislations with the legislations of comparison countries such as Germany, France, Jordan and others

القضاء الاداري المستعجل : دراسة مقارنة == Accelerated Administrative Judiciary Comparative Study

اسم المؤلف: نسرين جابر هادي
اسم المشرف: حنان محمد مطلك القيسي
الموضوع العام: القانون
السنة: 2016
الموضوع الدقيق: القانون الاداري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: Accelerated Administrative judiciary is one of the most important topics in practical life, because following the path of ordinary courts in certain special cases may cause the loss of time, and of damaging the interests of individuals if they delayed their access to judicial protection.So this kind of judiciary was found to solve cases that are characteristic with urgency, and the impossibility of right's delay, because speed is one of the characters of the evolution of life in any community, and it became an essential part in human life. Then it became a duty to develop judicial systems in order to achieve the speed of resolving disputes.And if this obligation is essential in cases considered by ordinary courts, it is a fortiori be a matter of resorting urgent elimination in an easy way, without difficult requirements that hinder the speed and justice envisaged by resorting to urgent justice, especially since the recent legislation aimed that urgent provision shall be achieving all that a party needs if issued in his favor.no doubt that the proper administrative justice and judiciary require scrutiny and give the parties the sufficient times and deadlines adequate to prepare their defense, but on the other hand we see that this deliberate and slow procedures often causes wasting of rights and freedoms and damages that are hard to be fix after the verdicts and judicial decisions are issued, because it is often this procrastination is intentional from one party to gain time and to bring about damage to the other party.And if urgent measures in front of French administrative judiciary have evolved over a century, the urgency in administrative law in Iraq measures did not meet this development, as the legislature did not put any provisions in the State Consultative Council Law No. (65 of 1979) on the administrative urgent demands which leads to the return to the Iraqi Civil Procedure Code No. (83 of 1969 regarding the Accelerated Administrative judiciary, based on article (7/11) of the Act, which approved the application of the procedures set forth in the of Civil Procedure Code when it is not provided for in the law of the State Consultative Council. And then urgent measures remained before the Consultative Council. And then urgent measures remained before the administrative judge in Iraq unknown legal field for the judges and litigants

الاختصاص الاداري في المنازعات الجزائية : دراسة مقارنة == The Administrative Jurisdiction In Penal Disputes A Comparative Study

اسم المؤلف: لبنى عدنان عبد الامير
اسم المشرف: وسام صبار عبد الرحمن العاني
الموضوع العام: القانون
السنة: 2016
الموضوع الدقيق: القانون الاداري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: In the past , the activity of the state was exclusive on traditional functions (defense , security and justice ) and jurisdiction was considering all disputes which astate is a part , but after the world two. The state found it self against deconstruction and ruin , and it was obligliged to intervere in numerous aspects and activities to restrict realising of corpitalin investment of what it represented unfair of the individulal rights and this intervention resuited a lot of dispates generated between the state and the individuals and inorder to face the legislatiue in flatation phenomenon in the penatty aspect and mitigating burden of jurisdiction to consider the most important and critical issues which are more difficult and complex which could be managed outside the litigation , besides avoiding those committed simple crimes from attending courts and lozt to be of criminal instig , besides the administration problem which are in need of flexibility and speed to management which are not existed in ordinary or administrative jurisdiction of what it needed action and schedules often take along time , besides the administration have enough conception of problem and obsticles in interrupted it and it is the suitable authority to find the necessary solution of the problem in the ordinary circumstance and the exception one for all this the legislat or granted the administrationjurisdical authority considering the litigations of some lows and regulations violation of crimes not deserve to face criminal penalties for their simplicity and less importance.The thought of granting judicial authority to set administrate penality was not accepted at the beginning being effect one of the basic principle of the modern state which is seperating among authorities , besides non arability the guarantee penality for the administration signimg them represent opponent and arbitrator at the same time , but this interuption quickly dis pensed with development that accrued , for the principle of seperating among authorities characterized by flexibility which is relative principle based on cooperdtion and balance among the authorities also the legis latros restricted the administration was group of objective guarantees and actions when prating its specialty of jurisdiction to impose the general administrative penality to avoid unfair of using its power to maintain the individual rights and freedom

المسؤولية الدولية الناجمة عن ادارة النفايات الخطرة == International Responsibility Arising From The Management Of Hazardous Wastes

اسم المؤلف: كرار عبد الرضا طاهر
اسم المشرف: هديل صالح الجنابي
الموضوع العام: القانون
السنة: 2016
الموضوع الدقيق: القانون الدولي العام
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:

اقصاء الموظف العام من وظيفته : دراسة مقارنة == Pubic Employee's Exclusion From The Job Comparative Study

اسم المؤلف: كاظم خميس كاظم التميمي
اسم المشرف: رشا عبد الرزاق
الموضوع العام: القانون
السنة: 2016
الموضوع الدقيق: القانون الاداري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: The keenness of the legislator to improve the public civil service making it necessary to care when choosing the employment staff and stipulating requirement of ability and efficiency in appointing in public office for public interest, for it legislator puts usually conditions that must be met in candidate for public office, it is worth mentioning that these conditions for appointment to differ from country to another, depending on prevailing in that country's legal system. By reference to our Iraqi legislator whereas stipulated conditions the Iraqi legislator several conditions for appointment to public office, it is of two types personal conditions relating to the person of the candidate for appointment, including the requirement of citizenship, a lifetime condition, the condition of the school certificate, including the objective conditions relating to the existence and function, the requirement for the degree of vacancy in the permanent staffing, a decision appointment of the set by law, and other conditions as the legislator put a penalty on failure of one or all of these conditions for the candidate to the public office, an exclusion from public office based on the provisions of Article 62 of the Iraqi Civil Service Act No. 24 of 1960, but the This law did not know this term, and it can be defined the term of exclusion that (it is one of the states or the reasons for the termination or expiration of the functional link between the public employee and the state). In other words, it is breaking the functional link between the public employee and management. It is seen from the above that the career exclusion is the subject of the availability or unavailability of the conditions set by the legislator to engage in public service in order to formalize the legal status of public official on a person, and therefore that exclusion is not a disciplinary penalty imposed on the employee, because the disciplinary sanctions came on exclusively under the discipline of state employees and the public sector Law No. 14 of 1991, and therefore the career exclusion can be definedIt is a legal action exercised by the administration and within the limits of legal powers include the employee from a job as a result of the exclusion of breach of condition and more of the conditions of appointment provided for by law. It is noted that the career exclusion differs from the isolation and separation from employment as their respective terms, conditions differ from each other in addition to the legal implications of each.The importance research study begins and the reason for its choice as the title of our mission the result of psychological, social and economic impact of termination of employment whereas some likening penalty in the Criminal Code on the grounds that it does not only affect the employee but extend to his family, so it was necessary to search as provided by the legislator from guarantees and controls and conditions that may reach the employee from which to cancel the decision to terminate its relationship with the public service through its appeal. On the other hand increased the importance of exclusion in recent times in all Iraqi government departments as a result of the increase in cases , it is was accompanied by confusion evident in the use of exclusion from employment as may resort management sometimes to the exclusion rather than isolation despite the non - applicability of the text for exclusion contained in the text Article 62 of the Civil Service Act No. 24 of 1960 amended, and this between us through resolutions spend own exclusion Court staff.

الالتزام بالافصاح في سوق الاوراق المالية : دراسة مقارنة == The Obligation To Disclose In The Stock Market (A Comparative Study

اسم المؤلف: عمار عبد الرحمن صبري داود
اسم المشرف: وليد خالد عطية
الموضوع العام: القانون
السنة: 2016
الموضوع الدقيق: القانون التجاري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: البصرة
الصفحات الاولى:
المستخلص: The stock market is one of the main pillars of the economies of the countries in the world today, especially after the trend of globalization, and the reflection of the effects of globalization on all aspects of life, including economic life, there is no doubt that the market growth and its development is only by developing the trust for the investors, by providing the data and the information which contribute to rationalize their decisions, and this can only be achieved if found in the stock market a tool serve as a channel flowing ones that information, and this channel is to disclose information relating to companies listed on the stock market. That's become the obligation to disclose in the stock market is an important way to monitor the company's activities, and to assess its performance, as he is one of the key factors in attracting capital, as it has an effective impact on the behavior of investors, since it increases the confidence rates, and safety among investors regarding for safety and financial company in particular, and the financial sector in general, through made available to investors on all aspects of the company's activities, on the grounds that the investor, whether physically or mentally has no direct means receives them that information, but to rely on information and reports revealed by those the company, for its activity and financial position in the stock market. Therefore, matching the information of reality, make his investment decision founded on realistic data, and vice versa if that information is not conform to reality quickly show him his investment decision is wrong. Based on this, there was an idea in the writing of this research, which contributed to the formation of this idea is the recent stock market experience in Iraq, this experience did not start in an orderly fashion, but in 1991, after the Baghdad Stock Exchange Act, which coincided with the economic sanctions, the recession economy, so it was not the law of any significant role in promoting the revitalization of the economy, and then the Iraqi interim law of 2004, which requires study, research, and scrutiny came, in particular, and he was put on hastily, an interpreter for the law streaked significant shortage, and contradiction, and not clarity, with a brief to organize disclosure in the instructions issued by the market and is related to the disclosure of listed companies, and brokerage firms, as well as the disclosure of proportions affecting and that you need to study and scrutiny, analysis, to identify shortcomings, and how to address them The search obligation to disclose in the stock market is a comparative study, by adopting a plan to discuss this issue aimed at briefing the multiple aspects of him, and in line with its importance, I divided this message in three classes as follows : The first chapter is to demonstrate the importance of complying with the disclosure in the stock market, which included two topics, the first topic devoted to the statement of commitment to the concept of disclosure in the stock market, and the second one to deal with the legal obligation to disclose rooting for in the stock market.The second chapter : it deals with the scope of the obligation to disclose in the stock market, by dividing it into two topics, the first topic deals with the scope of the obligation to disclose in the stock market in terms of the shop, and the Study of the second one deals with scale personal obligation to disclose in the stock market. Then the third and final chapter talked about the statement of commitment to disclose guarantees in the stock market and its breach penalty, which included two sections, the first dealing with the Study of the obligation to disclose guarantees, Study of a second to address the penalty violation of the obligation to disclose in the stock market. Then I have caused those chapters conclusion involving the most important content and the most prominent of the outcome of the search

النظام القانوني للفحص الضريبي في قانون ضريبة الدخل العراقي النافذ == The Legal System Of The Tax Examination In The Influential Iraqi Income Tax Act

اسم المؤلف: صبا فاروق خضر الدليمي
اسم المشرف: بان صلاح عبد القادر الصالحي
الموضوع العام: القانون
السنة: 2016
الموضوع الدقيق: التشريعات المالية
الدرجة: دكتوراه
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: The topic area of that's Dissertation is Taxes, The tax is one of the important financial resources on which they depend states to finance their own public budgets as it is one of the indirect tools of state intervention in the economy and in the re - distribution of national income is an important tool to achieve a number of political, economic and social objectives.In order to be tax work active and successful there is a need for a set of procedures and mechanisms Perhaps the most prominent of the tax examination and tax examination contributes to the large amount of tax justice when by checking the outcomes of taxable.And adjust the processes of settling accounts and tax collection and prevent cases of tax evasion or reduce them in order to achieve revenue , which constitute a large part of the General budget.Tax examination is an important process through which examine the financial statements submitted by the taxpayers , whether they are natural or legal persons examined critically and carefully to get to the smallest details such lists if they were truly expressive of the nature of this activity or not.If they were such lists expressive , it is estimated in accordance with the tax law in calculating the amount of tax and if they did not express the result of activity , it is estimated in recognition administratively , so the examination of tax is very important and necessary because it shows us the real activity of the taxpayer and therefore back the public benefit of the state treasury.And contributes to tax examination taxpayers to pay attention to the vocabulary of accounts submitted to the tax administration because they will be informed in advance that these accounts will be checked thoroughly if it has been treated by the tax audit and inspection department.

الحماية الجنائية لطيف التردد الاشعاعي في مجال الاتصالات : دراسة مقارنة == Criminal Protection For Radiation Frequency Spectrum In The Field Of Communications

اسم المؤلف: زياد طارق محمد الخفاجي
اسم المشرف: تميم طاهر احمد الجادر
الموضوع العام: القانون
السنة: 2016
الموضوع الدقيق: القانون الجنائي
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: شهد العالم في القرن العشرين تطورا كبيرا في مجال الاتصالات، حيث تزايد الاقبال على تقنياتها لما تقدمه من خدمات كبيرة وبسبب الاهتمام المتزايد عليها والسعي الى تطويرها برزت وسائل جديدة للاتصال تعتمد في عملها على استخدام الطيف الترددي وهي وسائل الاتصالات ال | The world witnessed in the twentieth century, the emergence of a new revolution followed by the industrial revolution : the communications revolution, with the growing popularity of technologies for its great services in various fields, because of the growing interest in them and seek to develop emerged as a new means of communication that rely on spectrum technique, a means of wireless communication.Defines the frequency spectrum that electromagnetic waves that have frequencies and a given wavelength makes it suitable to be the channel that flow out information in all its audio - visual, growing and its importance in the lives of individuals and nations and having become an important interest, at the same time natural wealth common to all countries of the world, according to international controls developed by the United Nations Organization through the specialized agency in this regard and which the International Telecommunication Union, it has most of the world to organize this vital area so guided by its international obligations and by the fact that most of these countries are members of this union.The Telecommunications Regulatory laws of one of the most important means of legal protection in general of the means of communication and in particular of the spectrum used in wireless communications.We have noted shortcomings in Iraqi legislation in this area, as the laws that provide the legislative framework for the protection of the means of telecommunications is not proportional to the great development taking place in this area and these laws the Iraqi Penal Code which addressed molesters means of telecommunications in the articles (361 - 362 - 363) as well as the Iraqi Telecommunications Law No. (15) For the year 1980.And what progress we dealt with the subject in search marked the criminal protection of the frequency spectrum of radiation in the field of communications in four chapters. In the first chapter we dealt with in the search in the nature of the spectrum and how to use it in communications as well as its importance for the rest of the means of communication as it is a technical basis in the work of modern means of communication in general.The second chapter dedicated to the statement the concept of criminal protection for radiation frequency spectrum in the field of communications. To illustrate the criminal protection applications in the subject in comparison penal laws we have dedicated the third quarter. In the fourth quarter we had some special protection and means of communication in general and in particular spectrum which appeared in the Telecommunications Regulatory laws and legal forms. We then tried to offer some of the conclusions and proposals that we have, including the proposals put forward for the crimes and criminal penalties that provide protection if the Iraqi legislature to pass the Telecommunications Regulatory Act. In conclusion, we ask the Lord Almighty to guide us in our dear country service

سلطـة الادارة في مكافحـة الارهاب ورقابـة القضاء عليها : دراسة مقارنة == Administrative Authority In Combating Terrorism And The Judicial Supervision Over It : A Comparative Study

اسم المؤلف: رنا علي حميد السعدي
اسم المشرف: وليد مرزة حمزة المخزومي
الموضوع العام: القانون
السنة: 2016
الموضوع الدقيق: القانون الاداري
الدرجة: دكتوراه
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: The phenomenon of terrorism is the most dangerous phenomena that have had a negative impact on the reality of the communities in the whole world, especially in the humanitarian part; the seriousness of this phenomenon in the contemporary world has been exacerbated, that terrorism is turning into a global phenomenon that touches and affects all aspects of life for the people of the world. Terrorism no longer regards a party or one nation or state without the other, but everyone is involved, regardless of its causes, forms and objectives and even the nature of those who stand behind it. It seems that this fact has been realized by the world and it has sought to combat it and reduce its devastating effects on the human, cultural and economic and even political aspects of life through the development of a number of legal means and measures to seriously eliminate the phenomenon of terrorism. Since the administration is entrusted with the rule of law combating terrorism and maintaining public order in the country, and the authorization of the Constitution and the law powers to cope with cases of violation of public order to realize their role in the security of the maintenance and the order of society, the administration exercises multiple and varied burdens, it claims to satisfying public needs and maintain public order, as it represents a fundamental protection for the interests of state - of - hand, and to achieve balance and proportionality between these interests and take care of personal rights and freedoms of individuals on the other hand. But these actions and measures taken by the administration must be taken within the limits of legal regulations, and in this regard are subject to judicial control. If the authority in the legal state is based on the idea of law and closely linked to it, the necessity that the work of the General Authority will be a part of law, this subordination of business administration controlled almost entirely by the judiciary means in line with the principle of the rule of law, as it should be all the actions of the administration in the limits of the law, and e law here is used in its generic sense. The destruction of all binding rules in the state, whether a blog or customary whatever the source, taking into account the gradient in power, and the consequent violation of the principle of legality, administrates invalidity of the act which violated the law, since each owner shall be entitled to the right to request its cancellation and have its implementation as well as the right to request compensation.The dissertation is discussed according to the following scheme : it is divided into two parts and a conclusion.Part I, entitled the legal basis for the administrative authority in the fight against terrorism, and its competent management includes two chapters : Chapter I focuses on the legal basis for the administrative authority in the fight against terrorism and the practical scope. Part II of this study is entitled the management tools in the fight against terrorism and the elimination of censorship exercised and consists of two chapters : Chapter I deals with the means of administration in the fight against terrorism in Iraq and Comparative Law, Chapter II focuses on the control of the judiciary to exercise management authority in the fight against terrorism.Finally, the conclusion sums up the most important findings and recommendations.

جريمة تخريب الاثار : دراسة مقارنة == The Crime Of Sabotage Relics (Comparative Study)

اسم المؤلف: رقية عبد العباس سيد
اسم المشرف: جمال ابراهيم عبد الحسين الحيدري
الموضوع العام: القانون
السنة: 2016
الموضوع الدقيق: القانون الدولي الجنائي
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: The comparative study entitled '' the crime of sabotaging relics" addresses the legal regulation of the crime of sabotaging relics , as highlighting one of the important cases in the current time One the one hand , spreading the number of perpetrator's in many countries in the world , especially Iraq after June of 2014. and signifying , what regional , international countries and organizations involved in protecting and embalming relics , Organization (UNESCO) , on the other as well as cultural and humanitarian heritage so as to reinforce its cultural and substantial values nationally.this study is divided into three chapters, the chapter one ; " what the crime of sabotaging relics is ", comprises of two sections , section one deals with " the concept of sabotaging relics". whereas section two identifies "the characteristics of the in order of its subjectivism and objectivism" , which become distinctive other types of crimes.chapter two ; " the legal foundation of the crime of sabotaging relics", examines " the study of material element of the infraction", its factors and depictions of crime penetration and investigates the abstract element of that infraction and its illustrations represented by criminal intent and sequences of errors.Chapter three : "criminal penalty for the crime of sabotaging relics " analyses their affirmed sentences in accordance with normal view and circumstantial actions of each kind of that crime plus initial and secondary crime sentences. The last section of that Chapter " clarifies appropriated precautionary measures of the crime of sabotaging relics", in terms of restricted and material actions.Implications and recommendations are also concluded in this study.

حماية الزوجة من العنف الاسري : دراسة قانونية جنائية مقارنة == Protect The Wife Of Domestic Violence (Study - Compared To The Legal - Jnaiah)

اسم المؤلف: رسل فيصل دلول حمادي
اسم المشرف: فخري عبد الرزاق صلبي الحديثي
الموضوع العام: القانون
السنة: 2016
الموضوع الدقيق: القانون الدولي الجنائي
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: يعد موضوع ( حماية الزوجة من العنف الاسري - دراسة قانونية جنائية مقارنة ) من المواضيع المهمة والهادفة الى توفير الحماية الجنائية والقانونية للزوجة باعتبارها المصلحة التي يحميها القانون عند تجريم فعـل العنف المرتكب على الزوجة وذلك لان الله (عز وجل) خلق ال | The subject (the wife protection from domestic violence - criminal legal comparative study) of important topics that aimed at providing criminal and legal protection to the wife as the interest protected by law, When the criminalization of an act of violence perpetrated to the wife because Allah (God) created human, whether a male or a female successor to make it in the ground, did not differentiate in his creation, but the creation of our Prophet and our father Adam and mother Eve from clay, Despite the confirmation monotheistic religions on compassion , kindness and compassion as a tool of communication between human beings. Any human achievement and development depends on the pillars of stability , familiarity, peace and love, but humanity still pay a Prohibitive tax of security and stability because of the extent of the damage incurred by the humanitarian incur as a result of violence and for the adoption of a way of life and communication. Therefore, Problem of the most serious problems and that in particular had a significant impact on the wife and the family and the community in general has spread, namely the problem of protecting the weif of domestic violence Which directs it from her husband In fact, the wife position is the subject of Search study of the phenomenon of violence against women is the eternal theme has met a great interest, especially since the subject has been and continues to be a large concern among international organization and human rights as well as civil society institutions, and humanity organization was talking about the wife and their status in the family or in the corridors of the community and our goal of this study is to develop the wife position and protection from domestic violence. To do this by searching in the confrontation way of this phenomenon, namely domestic violence and then stand on the causes and examine the substantive and procedural provisions toprotect the wife of domestic violence, according to the provisions of the Iraq Penal Code No. 111 of 1969 and other laws and comparative statement doctrinal views associated with the subject, so we divided the study into four chapters preceded by an introduction and conclude it contains conclusions and recommendations,And as follows : 1. The first chapter, that deals with the statement of the nature of violence and divided into three sections, the first section the definition of violence and the second section the nature of the violence and thethir dsection Resume violence 2. Chapter II, which reviewed the legal adaptation to discipline the wife, and divided by the two sections, the first section husband's right to discipline the wife and the second section for the disciplinary reasons to the wife. 3. Chapter III, that assigned to Search Images criminalization and divided the two sections, the first section of violent crimes in the Iraqi Penal Code, the second topic of violent crimes in thePersonal Status Law. 4. Chapter IV that deals with the way to ensure protection has two sections, the first section wife's right to self - defense and the second topic means the ways of move the lawsuit , and we have sealed our research conclusions and recommendations

الرقابة القضائية على التحكيم في المنازعات المتعلقة بالعقود الادارية : دراسة مقارنة

اسم المؤلف: حيدر مدلول بدر عبد الله
اسم المشرف: حنان محمد مطلك القيسي
الموضوع العام: القانون
السنة: 2016
الموضوع الدقيق: القانون الاداري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: The administration resorts - in the process of performance of its obligations - to many means, it may resort to issuing administrative decisions in order to make a certain impact on the basis of its authority in issuing decisions under the laws and regulations, and it may resort to agreements and compromise with others, whether they are individuals or companies, to perform what is so - called contract, by which obligations and the rights of both parties are determined.The importance of administrative contract as a method that is used by the administration to express its own will both at the internal or international level due to the tendency of the states to market economy, and the need to encourage national and foreign private investments.Of course an administrative contract may cause disputes between the parties that require the need to end it, and despite the fact that the administrative court is competent in the consideration of administrative contracts’ disputes, but due to the backlog of cases before the courts, slow procedures, the possibility of prolonged conflict because of the multiplicity of levels of litigation, and the possibility of appeal in verdicts before the courts, as well as the desire of foreign parties to be liberated as much as possible from the constraints imposed by the legal systems of litigation to the extent that bring them the prompt settlement of disputes in general, and administrative ones in private, all of that led to the necessity of finding other means beside the state’ judiciary in order to ease the burden on the latter, And legal systems have already responded to it and Created a lot of optional and alternative ways to the state’ judiciary in resolving administrative contracts disputes, and arbitration comes in the forefront of these ways.Arbitration appeared as an agreement to submit the dispute to a specific person or persons designated to resolve it without the competent court, but as a system it is not without flaws which imposed a judicial control, either in the previous procedures stage on or in the subsequent stage, in order to avoid these disadvantages and tranquility of the availability of real or fictitious fears of listing down arbitration in administrative contracts.Arbitration as a special tribunal exercising its jurisdiction outside the mandate of the State Judiciary, where the parties to the conflict select together an arbitrator to resolve it, so the wills of the parties grant an arbitrator the authority of government, though arbitration derives its effectiveness and the enforcement of his decisions of the authority the state’ judiciary as the only public authority that owns the power to bind opponents to the implementation, and here the State Judiciary supplies Arbitration with the reasons for its effectiveness in order to achieve justice, and this is so - called judicial control of arbitration.And in spite of the importance of judicial control over arbitration, particularly in the field of administrative contracts, but it did not have the attention of the jurisprudence of public law in some regimes such as Egypt and France, because of the preoccupation with this jurisprudence with the problematic of the extent to which administrative contracts disputes to arbitration, that no longer exist and of no importance because Arbitration has become a global judicial system and inserting it in commercial contracts, whether international or local, whether civil or administrative is granted

التنظيم الدستوري والقانوني للحقوق والحريات الاقتصادية : دراسة مقارنة == The Constitutional And Legal Rights And Economic Freedoms Regulation (A Comparative Study)

اسم المؤلف: حسين غازي كاظم الزبيدي
اسم المشرف: مصدق عادل طالب
الموضوع العام: القانون
السنة: 2016
الموضوع الدقيق: القانون الدستوري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: The rights and economic freedoms is part of human rights and public freedoms and the so - called second - generation rights on the grounds that the first generation of rights and freedoms include the civil and political, for which she received full attention to the rights and protection as one of the first rights that have been claimed by their rulers peoples.But after the Universal Declaration of Human Rights of 1948 and the International Covenant on Economic, Social and Cultural Rights in 1966, the growing interest in these rights form that made States have shown considerable further care and maximum protection through the text in their constitutions and the adoption of constitutional and legal safeguards necessary to protect them, and it stands when this limit, but were necessary laws to regulate and restrict the exercise by individuals without this restriction amounts to a deprivation or expropriation. The question that arises in this regard, what is the concept of these rights and freedoms and how it has evolved under different economic philosophies of the states? And how it was regulated constitutionally and legally? What are the constitutional and legal safeguards available for the protection of these rights and freedoms?I've been dividing this subject (the constitutional and legal rights and economic liberties organization - a comparative study) into three chapters, the first chapter dealt with the study of the concept of economic rights and its basis, and singled out the second chapter organization of the constitutional and legal for some types of these rights, while the third chapter in dealing with a statement of constitutional and legal for these guarantees rights and freedoms, and the study ended conclusion to a statement notable findings of the researcher of the findings and recommendations.

العقود الادارية المستحدثة ودورها في تنظيم المرافق العامة الضرورية في العراق : دراسة مقارنة == Administrative Contracts Developed And Its Role In Organizing The Necessary Public Facilities In Iraq Comparative Study

اسم المؤلف: ستار جبار شلاش البدري
اسم المشرف: وليد مرزة حمزة المخزومي
الموضوع العام: القانون
السنة: 2016
الموضوع الدقيق: القانون الاداري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: تهدف الدراسة الى ابراز اهمية هذا النوعين من العقود في تطوير المرافق العامة الضرورية للدولة بوصفهما من الخيارات المهمة لها لحل المشاكل الناجمة عن تشييد وادارة المرافق العامة الاساسية فيها طبقا للتعاقد بموجب الاساليب التعاقدية التقليدية، وذلك لما لها من ق | The research aims to identify the significant of these two types of contracts to develop the necessary public utilities of the country which describes as an important option for it to solve the problems that results from establishment and management the essential public utilities according to traditional contract methods as well as the ability that it have to provide large financial abilities and high technology especially the monopolized by specialized companies , this matter pushed most of countries especially the private sector to access as an important participant in operating the large projects to move the economic development of it. From here the idea of modern management contracts is come to stimulate in order encourage the specialized management parties in the country to follow this kind of contracts , since it depends on the available theoretical information of methodologies that associated with the general concepts and identify the concept of modern management contracts ,analysis of issued laws and the regulated party and apply what related with major projects which had operated according to modern management contracts, considering the comparative approach of some countries that dealt with this kind of management contracts. The most important results that have been concluded is despite the important of applying this kind of contracts but it didn’t get legal regulation in Iraq until now although the increase its importance for project requirements either in substratum or industrial projects required to achieve economic development such as this financial modern modules , also applying this kind of contracts led to process confusions due to traditional contracts in agreement , such as the invest of projects when there is lack of government budget and shortening in processing the operation of projects that government has connived the government for local company or directed fulfillment , in addition to the lack of experts and the weakness of public technology the required for set these projects plus to financial and management corruption that associated with traditional management contracts. The most important recommendations is set private law to regulate tow contracts (B.O.O.T) and (PPP) separately or to implying them in one act that involves the all contracts whereas the private sector is one of their parties such as in Egypt , includes financial , management and technical aspects , in addition to set plan with projects that suggested to set according to these two types of contracts and prepared perfectly to study the feasibility and technical one plus to prepare national mangers the able to deal with this type of modern management contract.
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