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دور المجني عليه في المسؤولية الجنائية : دراسة مقارنة == The Role of The Victim in The Criminal Responsibility : Comparison Study

اسم المؤلف: صادق يوسف خلف الياسري
اسم المشرف: عمار تركي عطية الحسيني
الموضوع العام: القانون
السنة: 2017
الموضوع الدقيق: القانون الجنائي
الدرجة: ماجستير
الجامعة: جامعة ذي قار - كلية القانون - قسم القانون العام
اللغة: العربية
مكان الجامعة: ذي قار
الصفحات الاولى:
المستخلص: It became clear to us through this study to understand the phenomenon of criminal and stand on the causes, not only on the study of the behavior of the offender and his willingness innate social composition of the commission of the crime stop, but one must look at the victim and the extent of his role in the crime committed against him, as the study showed that the victim it contributes in some way to the creation of the idea of the crime or facilitate the offender, for example, we noticed that in the case of legitimate defense contributes to the victim in the emergence of the danger spot illegal toward the defender (attacker), forcing the latter to repel that threat and thus a crime, and we also find in the case of a serious provocation to the offender and caused by the victim, as is the case in a crime caught in the act of adultery, as it leads to a state of anger and intense emotion to the offender stricture freedom of choice leading to the commission of the crime, and there are quite a fraction of the crimes contributes to the victim in the occurrence, has part of it was clarified in this study.The study of the role of the victim in the criminal responsibility was not limited to the area of criminality, but also included the role of the victim in the estimation of the sentence, through a more severe punishment on the offender for some reason the availability recipe especially the victim, or the existence of a relationship linking the perpetrator to the victim, the legislator believes is inappropriate to turn a blind eye about it, because it discloses (shows) the gravity of the crime and the seriousness of the offender and the victim at other times reduces punishment for the perpetrator or stop into force, the desire of the Criminal legislator to maintain and strengthen the family's interest.And also in the field estimate punishment, this study provides a list of criminal legislator of victim Ctmaliyn who are more likely than others to fall victim to a crime, and therefore the legislature to intervene to protect them and provide them with protection criminal.In the end of this study, we had many recommendations and results .One of these results is that the victim plays a role in allowancing some of the criminal acts in the case of legitimate Right, The danger posed by the victim is described as current and illegal in addition of the inability of the defender to take over the public authority to repel that danger then the defender's action is necessary and therefore the right of legitimate is being available here. But the act of the defender must be commensurate with the act of aggression; otherwise, it would become a transgressor of the right. By the way, one of our recommendations in this study, we suggest that the Iraqi legislature make the review on the Article 422of the Iraqi Penal Code,by using the term (Child) instead of juvenile, Even children under the nine age

الحماية الدولية للعاملين في اجهزة العدالة == International protection for workers in the justice agencies

اسم المؤلف: علي كاظم عبد جاسم الغزي
اسم المشرف: محمد ثامر مخاط السعدون
الموضوع العام: القانون
السنة: 2017
الموضوع الدقيق: القانون الدولي العام
الدرجة: ماجستير
الجامعة: جامعة ذي قار - كلية القانون - قسم القانون العام
اللغة: العربية
مكان الجامعة: ذي قار
الصفحات الاولى:
المستخلص: تنطوي مهمة اقامة العدل على مخاطر جمة ايسرها التزام الحياد, وامضاها مواجهة السلطة . بينما تنصرف الحماية الدولية الى تحديد نوع الخطر وجهته الذي يهدد العاملين في اجهزة العدالة وتقرير ما يمكن للوقاية منه او تقليل خطورته . ان مفهوم الاستقلال, يختلف من المحامي الى القضاة الى الادعاء العام, فالاول يمكن ان يكون واجبات والتزامات . وفي الثاني يمكن ان يكون توفير كل ما من شانه ان يجعل من القضاء سلطة بموازاة السلطات الاخرى, وضمان عدم التدخل والتاثير في قرارات واحكام القضاة . اما الادعاء العام, فان مفهوم الاستقلال يكون بتحديد علاقته بجميع الاطراف التي يتعامل معها, من قضاة ومحامين واطراف الدعوى الاخرين . وعليه فان الموضوع وان يتناول مفردة بهذا المعنى, الا انها تختلف من حيث المضمون . كذلك فان هذا الامر ينطبق على صور الحماية الاخرى, من تنظيم الخدمة, الى ضمان الحريات الاساسية, جميع هذه الامور وان يشترك بها جميع العاملين في اجهزة العدالة, الا ان لكل منها معنا خاصا بها مع عدم اغفال ان هناك مشتركات كثيرة, بين مفاهيم البحث يجعل من الربط بينها اظهار ان العدالة, وحدة واحدة تتكامل بتكامل عناصرها . وهكذا مثلا لا تجد, دولة ليس فيها نقابة محامين, بغض النظر عن تبعية هذه النقابة, الا انه في الوقت نفسه, تجد كثير من البلدان ليس فيها تجمع مهني للقضاة والادعاء العام . لذا تجد ان البحث حاول بيان هذه المفاهيم, واعطاء خصوصية لكل مفردة . وبعد ان تناول البحث الصكوك الدولية والاقليمية الخاصة بالموضوع, بالتحليل والشرح وبيان ما هو الاقرب منها لموضوع الحماية وما هو الانسب, استعاض البحث عن القرارات القضائية بما اورده المقرر الخاص, من رسائل ونداءات عاجلة في كل ما يخص الموضوع, والتي تعتبر دراسة معمقة لاحوال الدول القانونية . وحاول البحث التطرق للتشريعات العراقية الخاصة بالموضوع, ليبين مدى مطابقة هذه التشريعات مع المعايير والمبادئ الدولية, ليعطي للمشرع العراقي ومن يشملهم البحث رؤية واضحة عن مدى ملائمة هذه التشريعات مع القانون الدولي, الذي نامل ان ياخذ بها المعنيون . | Involve significant administration of justice on the enormous risks easiest commitment to neutrality, and he spent the face of power. While goes international protection to determine the type of danger that threatens his part and Justice Foundation and determine what can to prevent it or minimize the seriousness . Judges, lawyers, public prosecutors, with the same rights enjoyed by any other human being, but it must ensure in particular to protect them, because they are guarantors for the enjoyment of others of these rights, it is not available to workers in the justice systems, independence and impartiality of the judicial system becomes arbitrary and become a tool in the hands of other powers, especially the executive branch, and we will see that the concept of independence, differs from the lawyer, the judges, the public prosecutor, in first, it could be the duties and obligations. In the second, it can be, providing everything you would, that makes the judiciary authority in parallel with other authorities, and to ensure non - interference and influence in the decisions, and the provisions of the judges. The latter, we mean the public prosecution, the concept of independence, the Select relationship, all parties with which it deals, judges, lawyers, and other parties to the suit. Accordingly, the subject, and that deals with a single, in the same sense, but they differ in terms of content. Also, this thing applies to other forms of protection, of the service organization, to ensure basic freedoms, such as the right to freedom of expression, professional and assembly, to immunity, and accountability, all of these things, though shared by all employees of the justice agencies, but each her own sense of them, not forgetting, if there are many participants, between the concepts of research, makes the link between them, to show that justice, and a single unit, the integration of complementary elements. Thus, for example, you do not find, that is not a country where union lawyers, regardless of the subordination of this union, but at the same time, you find a lot of countries, which is not a professional association of judges, and public prosecutors. So you find that search, try to explain these concepts, giving the privacy of each individual . international and regional instruments on the subject, analysis, annotation, and a statement that is closest to them, the subject matter of protection, and what is the most appropriate, replaced the search for judicial decisions, including the report by the Special Rapporteur of the letters and urgent appeals, both in terms of subject, which is an in - depth study of the legal conditions of countries. And tried to search, Iraqi legislation addressed, the Iraqi constitutions, to the ordinary laws, to show the compatibility of such legislation, standards, and international principles, to give the Iraqi lawmaker, is covered by the search, a clear vision, how much appropriate legislation, with international law, which we hope will take them involved. The division of this research, into three chapters, the first chapter deals with, international protection for lawyers. And Chapter II international protection for judges. Chapter III international protection for the prosecution. Finally, this study is over, a conclusion include several conclusions, reached by the search, and several recommendations, can enhance international protection for workers in the justice agencies.

التنظيم القانوني للمصنفات المعمارية : دراسة قانونية مقارنة == The LEGAL REGULATION OF ARCHITECTURAL CATEGORIES : A COMPARATIVE LEGAL STUDY

اسم المؤلف: وداد وهيب لهمود
اسم المشرف: طارق كاظم عجيل
الموضوع العام: القانون
السنة: 2017
الموضوع الدقيق: القانون المدني
الدرجة: ماجستير
الجامعة: جامعة ذي قار - كلية القانون - قسم القانون الخاص
اللغة: العربية
مكان الجامعة: ذي قار
الصفحات الاولى:
المستخلص: In an age when developments began to witness a steadfast growth in all fields, including the urban one, due to information and technology revolution; when the right to a decent life also became a matter of humane demand that is comprehensively and imperatively applicable ، The results and reflections of such as the above have led legislations, including the Iraqi legislation, to add a sort of regulations to the architectural designs, for the latter constitutes the highest image of property - a highness which stems from its connection to that which humans hold most high, namely ،in its creative and intellectual manifestations. Furthermore, the rights stipulated have become a weapon and competitive tool to protect the intellectual rights of architect, which is to encourage innovation and creativity - a goal that requires the presence of legal entity that manages to identify and protect these rights.That said, this research has been devoted to a substantive and significant matter, which is the legal regulation of the architectural designs and its designers, given that it is an essential safeguard for these designs and designers. The importance of this right is increasingly growing in the international conventions, yet the decisions of the Iraqi legislature stipulated in the Copyright Protection Law No. 3 of 1971, along with its amendments afterwards, remains just ideas and simple signals without careful regulations that commensurate with the significance of the architectural designs - which is something that should be taken seriously especially when taking into account that the issues associated with the right of the architect did not take its share so far in the legal sources. What is more, the scarcity of these legal sources did not create possibilities that would lead to evidence substantiation with other researchers’ findings.One might ask, what is the legal regulation of the architectural categories? And, what is the adequacy of such regulation of these designs?Our answer is divided into three chapters, each contains two sections. First, we have established the legal origin of these designs and designers through outlining their definitions and identifying their legal terms. They are, pursuant to the Iraqi legislation, are arts and architectural designs. In Paragraph(4) of Article (2), the Iraqi legislator counted Arts among architectural categories while categorizing architectural designs as written works in Paragraph (10) of Article (2), even though it was also considered artistic categories. However, the Iraqi legislator was no longer considering construction as an architect category worthy of protection. Although a design might be modeled in construction, leading, in this case, to the derogation of an architect’s right due to the lack of an effective protection from such an abuse as when others try, unjustly, to implement a design that is identical to the architect’s, or when a construction containing an architectural design is similar to that set forth by the architect. Hence, we call on the Iraqi legislature to take the position of the US Law to the Architectural Work Copyright Protection Act (AWCPA) No. (650 - 101), for a building containing an architectural design should be considered architectural category worthy of legal protection. We have also investigated the ethical and financial rights ،the ethical side would represent the attitudes and the depths of human soul to whom they are spiritually attached in a manner which is unbreakable and inseparable to the architect. In this sense, the property rights does not allow transferability of a property right into others even though the architect waives his/her rights to others or s/he wills to do so. The financial side, on the other hand, constitutes the financial value of the architectural design through which the architectural designer manages to exploit it, either directly or when s/he uses it as something based on a contract or work. In both cases of property rights, the law works, in most cases, to achieve a fair balance between the rights of the designer and that of others related to his/hers. Hence, the legal protection of both the architectural production and its architect is intended to stop abuse and reduce the aggravation of the damage caused by that abuse. Since these means won’t stop the infringement, the legislation would provide other means aimed at reforming the situation, bringing it back to what it is, or giving a fair compensation.We have finished our study with a conclusion stating the findings and recommendations that we have reached.come to conclude that legal alternatives shall be taken; effective protection means for architectural categories and its designers shall be provided, to which we have seen no attention been given - an attention that we are hoping we find soon.

المسؤولية الجزائية عن الدعاية التجارية الكاذبة : دراسة مقارنة == The Criminal Responsibility for The False Commercial Advertisements comparable study

اسم المؤلف: امنة كاظم سعدون
اسم المشرف: عقيل عزيز عودة
الموضوع العام: القانون
السنة: 2017
الموضوع الدقيق: القانون الجنائي
الدرجة: ماجستير
الجامعة: جامعة ذي قار - كلية القانون - قسم القانون العام
اللغة: العربية
مكان الجامعة: ذي قار
الصفحات الاولى:
المستخلص: العراق هو احد دول الاقتصاد الحر الذي يقوم على المنافسة الحرة في اسواق الانتاج والخدمات ، واذا كان السوق في المفهوم الاقتصادي ، لقاء العرض بالطلب فان الدعاية التجارية هي التي تخلق السوق ، ومن باب اولى توسع دائرة السوق نفسهوالا سوق بلا دعاية ، والاخيرة يعنى بها عبارة عن مجموعة من الاجراءات الفنية التي تقوم بها مؤسسة ما ببثها من اجل الحصول على الزبائن ، او زيادة عددهم ، او الحفاظ عليهم وبذلك فان للدعاية التجارية غرضين هما تحفيز المستهلك للاقبال على شراء السلع والخدمات والثاني هو خلق منافسة بين السلع والخدمات المشابهة . وبذلك فان الدعاية التجارية وفق المفهوم المتقدم لا تشكل خطورة على الواقع الاقتصادي وعلى العكس من ذلك فهي تتبوا مكانة هامة في تسويق المنتجات مما يعود بالنفع على المنتجين والموزعين وبالتالي تساعدهم في تحقيق الارباح ومن جانب اخر فانها تساعد المستهلك للتعرف على المنتجات في ظل تعدد وتنوع تلك المنتجات ، ولكن اساليب المنافسة التجارية المستخدمة من قبل منتجي السلعة الواحدة تدفع البعض منهم الى اللجوء لشتى الوسائل قد تكون مشروعة او غير مشروعة وذلك من اجل زيادة عملية الشراء من قبل مستهلكي السلع التي ينتجوها بحيث ضاع مفهوم الكسب المشروع والتعاون على ماينفع الناس وطغت الاهواء الجامحة والسعي الى الربح السريع وغير المشروع اضرارا بجمهور المستهلكين ، مما يستدعي وضع ضوابط قانونية محكمة لمنع تزايد هذه الظاهرة ، ولكن يجب الملاحظة بان الدعاية حتى وان تضمنت معلومات هدفها التاثير النفسي والتهويل والاثارة والمبالغة فانها برمتها لاترقى الى مستوى عدم المشروعية من الناحية القانونية ، لان ابراز محاسن المنتجات ومزاياها دون التطرق الى السلبيات والتشويق النفسي المخالف للحقيقة والواقع ، هو امر طبيعي طالما ان الهدف من الاعلان التجاري هو ترغيب المستهلك ودفعه لشراء المواد المعلن عنها ، وان البطاقة الاعلامية وجدت اصلا لبيان المخاطر التي تنتج عن هذه السلع ، ولكن اذا تضمنت تلك الدعاية من المعلومات المضللة والكاذبة او غير الواضحة عن حقيقية السلعة فان مثل هذه الظروف تدفع المستهلك الوقوع في غلط الذي يلحق به ضررا كبيرا . ولما كان التشريع يعكس واقع المجتمع الاقتصادي والاجتماعي والمفروض انه يواكب التطورات التي تطرا على المجتمع ، لذلك برزت الحاجة الملحة الى وجود قانون يوفر الحماية اللازمة للمستهلك من الدعاية التجارية الكاذبة ، وتجسيدا لذلك صدر قانون حماية المستهلك 2العراقي رقم (1) لسنة 2010 ولكن مع هذا فانه تبين لنا مدى قصوره في معالجة جريمة الدعاية الكاذبة حيث ان النصوص القانونية الواردة في هذا القانون لم تكن كافية لمعالجة التجاوزات والمخالفات العديدة التي ترتكب في يومنا هذا ، من خلال اساليب الخداع المتطورة التي تمارس فيها الدعاية فاننا نلاحظ اهمية وجود نص قانوني موحد وشامل ينظم ويعالج الدعاية التجارية ويحدد الجرائم التي يمكن ان ترتكب من خلالها . وفي ضوء ماتقدم فقد تم تقسيم هذه الرسالة والموسومة بـ ( المسؤولية الجزائية عن الدعاية التجارية الكاذبة ) الى ثلاثة فصول : تناولنا في الفصل الاول دراسة الاطار النظري للدعاية التجارية الكاذبة في مبحثين وبينا فيه مفهوم الدعاية التجارية الكاذبة وتعريفهواخلصنا الى انها مجموعة من الادعاءات والبيانات المخالفة للحقيقة التي تقوم بها بعض الشركات المنتجة وغير المنتجة ببثها او كتابتها سواء تم ذلك بالاعلان التجاري او بالبطاقة الاعلامية .كما عرضنا لاطار القانوني لجريمة الدعاية الكاذبة من حيث الاساس القانوني لتجريمهواتمييزها عما يشابهها .وتكلمنا في الفصل الثاني عن الاحكام الموضوعية والاجرائية التي تحكم جريمة الدعاية التجارية الكاذبة ، وبحثنا فيها الركن المادي والمعنوي للجريمة ثم تطرقنا الى الشروع والمساهمة فيها ، ثم عرضنا الى اهم الاحكام الاجرائية التي تتميز بها هذه الجريمة .واستعرضنا في الفصل الثالث اهم الاثار لهذه المسؤولية من حيث نطاقها من حيث الاشخاص والجزاء المترتب عليها ، وذلك على مبحثين ، فتطرقنا في المبحث الاول حدود هذه المسؤولية من حيث الاشخاص التي تشمل ( المعلن ، المنتج ، المحترف ، الناقل ) وكذلك تناولنا موضوع المسؤولية الجنائية عن فعل الغير في جريمة الدعاية التجارية الكاذبة وامكانية مسائلة الشخص المعنوي عنها . ثم انتقلنا الى اهم اثر يترتب على هذه المسؤولية وهو الجزاء وقسمنا الجزاء الى العقوبات والتدابير الاحترازية ، بحيث تشمل العقوبات الاصلية والتكميلية اما التدابير فتناولنا منها ماهو متعلق بهذه الجريمة .اخيرا بخاتمة هذه الرسالة ضمناها اهم الاستنتاجات التي توصلنا اليها ، وخلصنا الى المقترحات التي يمكن الاخذ بها في هذا المجال لاسيما دعوتنا للمشرع العراقي الى ان يخصص فصل مستقل لجريمة الدعاية التجارية الكاذبة يتناولها من حيث صورهواعناصرهوااركانهواالجزاءات المترتبة عليها . | As a matter of fact, Iraq is really considered as one of the free economic countries which relied upon the free competition in the markets of production and services. If we may pin down markets in the economic conception, as the meeting of supply and demand, therefore, the commercial advertisement will be the cause that creates markets. So it is best to enlarge the market circle itself, as there is no market without advertisement. And advertisement now means as a bunch of the technical procedures in which a corporation may spread on for having customers or increasing their numbers or keeping them up . Therefore, a commercial advertisement has two purposes; firstly, to motivate consumers to buy merchandises and services, and secondly to create competition amid merchandises and similar services. Thus, commercial advertisement, according to the recent conception , it does not represent a risk on the economical reality. And contrarily , it does have an important position in marketing productive merchandise. And that will bring about and advantage to the makers and distributors. And will help them to achieve profits in one hand. And on another hand it will help consumer to recognize the productions under various number and type of these productions. Probably sometimes, the ways of the commercial competition used by the makers of one stuff may impel some to use various kinds of ways whether it is be legal or illegal. In order to increase the purchase operation by merchandise consumers which they do produce. So, in this way that may cause to lose the concept of the legal trading and cooperation for what benefits people, and the extreme desires are overwhelmed and the seeking for fast and illegal profit do harm customers. Thus, it demands to put the finger of arbitrary legal regulations to hold back increasing such phenomena. There has to be in mind that advertisement , even it includes information of the psychological effect, intimidation and exaggeration and suspension, it does not reach an illegal level at the law side. Because showing the productions, advantages and traits, without touching upon the disadvantages and psychological suspension will not be fit properly with facts and reality. It is really a natural matter as long as the reason for commercial advertisement is headed to motivate consumers and egg them on to buy the merchandise advertised about. The informative card is already created for defining the risks that may be produced by this merchandise . but if it includes untrue and deceivable or unclear information about the merchandise reality, so in such circumstances may let fall in mistake which do extreme harm. As the legalization does reflect the economical and social society state. And it is supposedly to catch up with the development which took place to society, so indeed the constant necessity to be such a law will provide the required protection to consumers against untrue commercial advertisement. For embodiment such a law, it has been issued for Iraqi consumer protection, No 1 in 2010. But despite that, it is really be noticed by us its inability in healing the crime of untrue advertisements. As the legal texts mentioned in this law, were not fit enough to fix up the various misbehaviors and misconducts which have been committed in our present time. That done through the developed deceiving ways which have been practicing such advertisements . Thus, we notice the importance of presenting a comprehensive and unified legal text which organizes and healing the commercial advertisement ,as well as identifies the crimes that may be committed .In reverence to what has been mentioned, this thesis titled(The Criminal Responsibility for The False Commercial Advertisements) has been divided we highlight the concept of the untrue commercial advertisement and identifies and concludes that it is a bunch of claims and unreal data to reality in which some of producing or non - companies do spread or writes down what is done via the commercial advertisement or informative into three chapters : in the first chapter we dealt with studying the theoretical framework to the untrue commercial advertisements in two researches. In it card. A well as, we did refer to a legal framework against the untrue advertisement crime according to the legal foundation to incriminate and distinguish it from what is similar to. In the second chapter we talked about the punitive and objective regulations which dominate the untrue advertisement crimes. And in it, we searched the immaterial and material pillar for crime, then we touch upon to attempt and taking part in it . later we worded up to the most important punitive rules which are distinguished by this crime. In the third chapter we took up the most important tracks of this responsibility according to its scope to individuals and the required punition for it. That done in two researches; in the first research we touched upon the limits of this responsibility, according to individuals who are included ( advertiser, producer, professional, transfer). Then we dealt with the punitive responsibility subject on indirect person action in the crime of untrue commercial advertisement and the possibility of holding to account the artificial personality . Later we shifted into the most important track which may impose over such responsibility ,i.e. punition. Then we divided punition into preventive penalties and due process, including complementary and original penalties. As for due process we dealt with what belonged to this crime.Lastly at the end of this thesis ,we include in it, the most conclusions we reach to, and resulted to the suggestions that may be taken in this field. Specifically out calling upon for the Iraqi project to keep an independent chapter for the untrue commercial crime that is dealt with according to its pictures, elements, pillars and punitive that caused by

استقلال القضاء الدستوري واثره في الرقابة على دستورية القوانين : دراسة مقارنة == The independence of the constitutional judiciary and its impact in controlling the constitutionality of laws : Comparative Study

اسم المؤلف: حیدر علي ضایف خطار الموزاني
اسم المشرف: ولید خشان زغیر الموسوي
الموضوع العام: القانون
السنة: 2017
الموضوع الدقيق: القانون الدستوري
الدرجة: ماجستير
الجامعة: جامعة ذي قار - كلية القانون - قسم القانون العام
اللغة: العربية
مكان الجامعة: ذي قار
الصفحات الاولى:
المستخلص: Many states with different constitutional systems insist on the provident of legal guarantees which ensure the independence of the judiciary in to tally, because it is the apparatus which is responsible for the applying the laws andmaintaining the legal rights and freedoms, but this assistance of the independence of judiciary appears in large in the constitutional judiciary. Whether it is practicing by special courts, or by other kind or types of courts.Because the most important tasks of the constitutional judiciary is maintaining legacy and constitutional freedoms and rights. So, all constitutions in all different countries, which practice judiciary censorship on constitutionality of laws, concerning to establish the independence constitutional judiciary on rigid basis, and ensure the objectivity of constitutional agents to enable the judiciary to practice its roles correctly. The Constitutional Court is mandated to prevent the authorities from violating the provisions of the Constitution, to prevent the legislative authority from issuing laws that violate the provisions of the Constitution and to prevent the executive authority from issuing regulations and regulations that violate the Constitution. This role is exercised through constitutional supervision, It is imperative that the constitutional judiciary grant the independence necessary to exercise this role vis - a - vis the rest of the authorities. The legislative and executive authorities may try to influence the independence of the constitutional judiciary by limiting its role in monitoring through its intervention in its organization or its activities, Whist; therefore the constitutional independence ofthe judiciary is of no choice of it

البيع بشرط تصريف البضاعة il contratto estimatorio : دراسة تحليلية مقارنة == THE CONDITIONAL SALE CONSIGNMENT OF GOODS AN ANALYTIC & COMPARATIVE STUDY

اسم المؤلف: احمد عبد السلام كاظم
اسم المشرف: عماد حسن سلمان
الموضوع العام: القانون
السنة: 2017
الموضوع الدقيق: القانون التجاري
الدرجة: ماجستير
الجامعة: جامعة ذي قار - كلية القانون - قسم القانون الخاص
اللغة: العربية
مكان الجامعة: ذي قار
الصفحات الاولى:
المستخلص: Iraqi legislator did not define the consignment contract; nor did he regulate its provisions, although it has been frequently circulated in people transactions. The Civil Italian Law No. 262 for the year 1942 regulated its provisions in Articles (1556, 1557, 1558). So it did the Amended Uniform Commercial Code (UCC) of 1952, Section (2/326). It was also stipulated by UK Sale of Goods Act of 1979, Paragraph (4), and Section (18) that dealt with (the sale or return.) The consignment contract is a special in - kind contract under which wholesaler would deliver goods to retailer for sale within an agreed - upon time period, whereby the former retains ownership of the goods until the price be paid, while the latter shall take the risk of loss of the goods and be obliged to pay for whatever be sold with the right to return that which is unsold. The object of contract would only include the movables without real estates. It does not take place by means of mutual consent. Rather it must be concluded whenever a wholesaler hands over the goods to retailer. Besides, it is a netting contract binding on the parties, on each party a host of commitments shall be placed. It is an immediate contract whereby time is not considered an essential element in spite of a delay of payment.The consignment contract, although it is more like a sale contact, is not a sale contract. For the sale contract is a consensual contract governed just by a mutual consent of its two parties, while the contract in question is an in - kind contract concluded by no means but delivery. Neither is it a deposit contract, nor agency contract, nor commission contract, nor company contract and nor sale with the retention of ownership. Rather, it is a special contract, new in its legal drafting, and one of the contracts that might be treated rightfully and legally, for it is in conformity with public order and morals.Furthermore, the contract in question is devoid of ambiguity and ignorance. For the wholesaler, who wants to sell out the largest possible number of his goods, would decide to distribute these goods to retailers, determining the price of the goods and the time of sale. The retailer does not afford the price of the goods, would receive the goods from the wholesaler and bear the risk of its loss so that he can sell them out. The price gain is the difference between the price determined by the wholesaler and the price at which the retailer sell.Under the contract, the retailer is committed to sell out the goods in accordance with the principle of good faith, i.e. the retailer must make every effort to show the goods in question and encourage customers to buy. Any violation of above would entail that the retailer is acting on bad faith, that is when he decides to store in the goods rather than having them offered to the public. In such a case, the wholesaler is entitled to terminate the contract because the retailer breached its obligations to sell out the goods in good faith. The retailer shall adhere as well to a key commitment that he should pay for the goods that have been sold, as well as his commitment - which is at the same time his right - to return the goods that have not been sold during the agreed - upon period. The wholesaler shall in return be committed to deliver the goods subject of the contract.The consignment contract is an in - kind contract; it is originally not to be concluded nor does it exist without delivery of goods. It also entails that the wholesaler is committed not to have access to the goods while in the possession of the retailer, whatever that might be, whether mortgaging or selling of the goods. The wholesaler as well shall not claim a refund of the goods within the specified period of the sale. Under the contract, the liability for the loss of the goods shall be placed on the retailer upon delivery; he holds responsible for the cause of the loss, even if it was a foreign cause of which he does not have a choice. Nevertheless, the retailer shall not be liable for any loss in case of old goods. Creditors of the retailer may not hold on the goods so long as the retailer did not pay for the goods. Besides, the wholesaler shall retains ownership of the goods until the retailer pays for the goods. The creditors of the wholesaler may not seize the goods under contract. This ruling is derived from the text of Article (1376) of the Iraqi Civil Law which acts as an exception to the privilege of movable seller.The consignment contract ends upon the sale of the goods, which is the subject of contract, or by the end of the specified period of sale. Moreover, the contract in question is one of the contracts that is governed by personal considerations so that the death of the retailer might be one reason among many that leads to terminate the contract especially in case that a wholesaler is not convinced with the efficiency and integrity of the retailers heirs. The contract also deemed terminated if one of the parties is considered in breach of a commitment determined by the contract in question.

النموذج القانوني للقاعدة الاجرائية الجزائية == The Legal base for the Penalty Procedural Rule

اسم المؤلف: شاكر نوري اسماعيل
اسم المشرف: كاظم عبد الله حسين الشمري
الموضوع العام: القانون
السنة: 2017
الموضوع الدقيق: القانون الجنائي
الدرجة: دكتوراه
الجامعة: جامعة بغداد - كلية القانون
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: The rules of criminal law have been found as to protect the rights and benefits as needed by any society and the violation of such rights considered the violation of the society security and its stability. This could be done through the rules of criminalization and punishment that could specifies the project through banned behaviors that should be taken into consideration by the society. This could be known as a tasking within these rules and specifying the part that should be applied against the person who violates that behavior. This part is considered as an essential element by which the rules are completed . The state should not apply such element , even though he acknowledges the crime , it ( the state ) should do that through the lawsuit that could be determined by the specialized authority until the issuance of a judgment and that is organized by the penalties procedural rules through which it could search for the availability of terms of such tasking in rules of criminalization and punishment and to show to what extent it could apply the penalty . It is the means by which the rules are to be applied . The rules of law and punishment remain still without the interference of the penalties procedural rules , its goal is to get to the truth for the state 's requirements in the punishment without violating the rights of individuals and their freedoms . It aims to fulfill the balance between the two oppositions, the first one is for the benefit of the society to know the reality and to punish the one who violates the security by committing the crime and the other one is for the benefit of the individuals in their freedoms . This could be carried out by specifying guarantees imposed on the state ; If the punishment be applied on an innocent person , then the effect will be larger on the society than the felon person . The violation of the penalties procedural rules is considered as a violation for the principle of the procedural rules.The law includes rules of penalty procedural bases , these rules are of different types, some of them are specified by the boards and devicesBundertaking the practicing of activities that control the crimes and the devices practicing the activities undertake the formation of these boards and to determine its specializations, this could be called as " Judicial organization" . Of these rules , are means that control the work of the boards and having the authority to take procedures and to show the main elements as to take permitted procedures, taking into consideration the search for the criminals and to collect evidences to investigate with the accused. This could be known as strict penalty procedural rules.As a result of the strict penalty procedural rules included by the law of penalty trials rules , the rules have been known in the light of its goals and they are considered as rules that place sufficient procedures to uncover the reality , to fulfill the criminal justice and to determine the judicial bodies specializing into applying these rules .The procedural rules are to organize the means of the social reaction before the crime and its committers through a set of procedures carried out by the specialized bodies . The rules are to follow up the crime committing and continuing until the issuance of judgment for that. Despite that, the criminal procedures start before the crime take place and they ( procedures) are surrounded with legal guarantees owing to the discovery of crime evidences and to place the person under accusation and permitted to take investigation procedures to confront him ( the accused).Thus , this subject has been taken into consideration for uncovering the philosophical bases of penalty procedural bases and to indicate its rules for securing these different benefits. This could be one by shedding the light on the procedural legal texts concerning with this subject and to indicate to the weak and strong points , then to explain things that impede these texts , entailing the Iraqi judiciary stance and jurisprudence opinions over unsettled matters with scientific legal method within the law of Iraqi penalty trails rules , No. 23 for the year 1971 and comparative procedural laws.Despite of what has been written about the penalty procedural rules , but they ( the rules ) have not sufficiently taken into consideration by the jurisprudence , legislation and judiciary in Iraq. .CFor these reasons, I have found myself to be motivated to write about this subject and I wish that this study will brings benefit to all.By analyzing the texts of penalty trails rules law , we have found that there are many defects in the procedural rules , thus it is necessitated to analyze the procedural rules and its bases and it should address the defects through indicating to the bases that should be taken into consideration within these rules .In our research , we focus on the general philosophical bases of penalty procedural rules and to know the total rules without discussing in details its subject matter , its procedural rules . In have depended on the comparative method for explaining the legal connection with the procedural rules. This could be carried out by comparing of what has been mentioned in the laws and jurisprudent writings , along with the stance of Iraqi judiciary from that ,as to indicate to the weak and strong points in the law of Iraqi penalty procedural rules , using analytical method in the legal texts and judiciary decisions.I have found that to get all sides of this subject , it should divide this research into two researches , the first one is about the penalty procedural rules that includes two chapters , the first one carries the title ( what is the penalty procedural rules ? and the second chapter will be under the title " The analysis of penalty procedural rules", while the second research comes with the title " The legal construction of penalty procedural base" that includes two chapters , the first one is under the title " The reverent benefit in the penalty procedural base, while the second chapter is about " the legal formation for the penalty procedural Rule"

التنظيم الدولي لشرط التسليم او المحاكمة واثره في النظام القانوني العراقي == International REGULation of the CoNDITION OF extradiTION or TRIAL AND ITS IMPACT ON the Iraqi legal system

اسم المؤلف: مهند هادي عبد الحسين
اسم المشرف: محمد ثامر مخاط السعدون
الموضوع العام: القانون
السنة: 2017
الموضوع الدقيق: القانون الدولي العام
الدرجة: ماجستير
الجامعة: جامعة ذي قار - كلية القانون - قسم القانون العام
اللغة: العربية
مكان الجامعة: ذي قار
الصفحات الاولى:
المستخلص: The condition of Extradition or trial is a new and old condition, adopted by the " Grocius " 400 years ago, on day at which the international law as whole was undergoing a jelly - like period. It is now dealt with by the International Law Commission after the International law appears to be broad enough to suffer fragmentation.On the one hand, it links the requirement of condition of extradition or trial between international and criminal law, but this does not impair its international character , it is reflected positively on the international instruments that codified the international endeavor to prevent crimes known as transnational crimes, that have generated other close concepts to it such as inclusive jurisdiction and principle of integration .On the other hand, this international organization was revealed to be of three levels. First, the organization dealt the condition that research included the sources of its conditions and obstacles to effective application . The second level tackles the organization of international agreements to this condition, which take this condition out of its political nature to give it a purely legal character for the purpose of dealing with organized international crimes. This organization had a clear impact in the scope of energy transfer, technology, cybercrime and extradition conventions. The third level discusses the judicial regulation of the condition of extradition or trial, which is added up to this condition through the guarantees established by the judiciary so that to guarantee human rights and to violate his freedom . Finally, we come upon the impact of this condition in Iraqi legal system represented by the agreements that Iraq ratified and joined as well as its impact on criminal legislation, whether criminal or substantive. The study as well dealt with the point of condition in the special criminal laws .The requirement of extradition or prosecution is meant to pursue offenders and act upon prosecuting them in any place or to bring them to a party whom it wishes to put them into in order not to provide him with a safe haven. It is also clear that the Iraqi criminal legislation is free of any text that would include this requirement .

الرقابة القضائية على تقدير العقوبة الانضباطية : دراسة مقارنة == The Judicial control over the assessment of disciplinary punishment A comparative study

اسم المؤلف: اسد موفق جلاب
اسم المشرف: نجيب خلف احمد الجبوري
الموضوع العام: القانون
السنة: 2017
الموضوع الدقيق: القانون الاداري
الدرجة: ماجستير
الجامعة: الجامعة العراقية - كلية القانون والعلوم السياسية - قسم القانون العام
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: تعد سلطة تقدير العقوبة الانضباطية احدى السلطات التي تباشرها الادارة في مجال الوظيفة العامة ، وهي تعني منح الادارة حرية في اختيار العقوبة التي تتناسب مع المخالفة المرتكبة من الموظف نتيجة اخلاله بواجباته الوظيفية ، وتختلف السلطات الانضباطية التي تتولى توقيع العقوبة في الدول المقارنة حسب النظام الوظيفي لكل دولة ، فمنها من اخذ بالنظام الرئاسي ومن اخذ بالنظام القضائي ، وان منح الادارة حرية التقدير للعقوبة يستند الى تخويل المشرع لهذه السلطة على وفق رؤيته بان الادارة هي الاقدر على ممارسة هذه السلطة في مواجهة ظروف العمل الاداري ومستجداته ، وكذلك هي الاقدر على تحديد الاخطاء التي تشكل مخالفة في مجال الوظيفة العامة ، وفي مقابل منح الادارة سلطة التقدير للعقوبة فان المشرع احاطها بضمانات لا بد من مراعاتها عند ممارستها لسلطة التقدير ، منها مراعاة مبدا شرعية العقوبة ، حيث ان المشرع اورد العقوبات على سبيل الحصر ويجب ان تكون العقوبة الموقعة من ضمن العقوبات التي حددها المشرع ، وكذلك لا بد من مراعاتها لمبدا التناسب الذي بموجبه يقتضي ضرورة توقيع عقوبة تتناسب مع المخالفة المرتكبة ، وياتي دور القضاء الاداري لاستكمال دور المشرع في ضرورة تحقيق هذه الضمانات من خلال رقابته على الوجود المادي للواقعة ومراقبته للتكييف القانوني من خلال صحة الوصف القانوني للواقعة وكذلك مراقبته اهمية الواقعة ، فاذا ما خرجت سلطة الادارة عن مسارها الذي وضعه المشرع لها فان القضاء يواجهها من خلال السلطات التي يمتلكها ، فيعمل على الغاء العقوبة اذواقعت على الموظف وكانت مشوبة بعيب من عيوب القرار الاداري التي تجعله محلا للالغاء ، او يخفض العقوبة اذا كانت لا تتناسب مع حجم المخالفة ، او يصادق على العقوبة او يحكم بالتعويض ان كان له مقتضى . | The discretionary punitive authority is one of the powers exercised by the public administration in the public service. It grants the administration the freedom to choose the right penalty that suit the violation committed by the employee as a result of breach his or her duties, the disciplinary authorities that impose sanctions in other comparative countries are differ according to the government employment system of each country. Some of them use the presidential system and other countries uses the judicial system. Granting the power of discretion authority to the administration by the legislator is based on an authorization by the legislator to the administration according to his vision that the administration will do its best to serve the public interest and it will be able to exercise this authority in the best interest of the institution. The administration is also knows how to find and deduct its mistakes when they happen based on their discretionary power, including the principle of the legality of the sentence, since the legislator listed the penalties exclusively, also the penalty imposed shall be one of the penalties specified by the legislator, and the proportionality principle must be taken into consideration. It is necessary to impose a penalty that suit the violation. The judiciary role of the administrative is to complete the legislator's role in the necessity of achieving these guarantees, And monitoring the legal adaptation through the validity of the legal description of the incident as well as its role of controlling the important incidents. If the administrative authority departs from the path that has been set by the legislator, the judiciary faces it by its authorities. The administrative court can abolish the penalty if it does not suit the violation committed by the employee, endorses the penalty or award compensation to one of the parties if needed.

السؤال بوصفه من وسائل الرقابة البرلمانية على اعمال مجلس الوزراء : دراسة مقارنة == The Question To Be Discriped As The Parliamentary Control Matters On The Acts Of Ministers Council A Comparative Study

اسم المؤلف: محمد فاهم سلمان
اسم المشرف: عدنان عاجل عبيد
الموضوع العام: القانون
السنة: 2017
الموضوع الدقيق: القانون الدستوري
الدرجة: ماجستير
الجامعة: جامعة بابل - كلية القانون - قسم القانون العام
اللغة: العربية
مكان الجامعة: بابل
الصفحات الاولى:
المستخلص: اصبحت الرقابة البرلمانية من الموضوعات الاساسية التي تحرص الدساتير على النص عليها، كما ان ممارسة الرقابة البرلمانية تعد ضرورية لضمان عدم انحراف وتسلط الادارة وقيامها بالعمل على وفق السياسة العامة للدولة، فضلا عن انها تنصب على المخالفات، كل ذلك جعل الدس | Parliamentary control has become one of the key issues that are keen constitutions on the text on them, and that the practice of parliamentary oversight is essential to ensure that no deviation and shed management and its work according to the public policy of the state, as well as they focus on irregularities, it all made constitutions governing the methods and procedures of parliamentary oversight. This is parliamentary control aspects of the work of the government or one of its members and their equivalents in the multi - media owned by members of parliament direction of against him, and most important of these means the right of Parliament to ask the Prime Minister or a minister in respect of the affairs under their specialty, is the question parliamentary one way owned by the members of parliament in the face of the government and that enables them to follow government activity in various quarters documented in a formal way, in order to ensure the functioning of the executive branch, according to the will of the nation and its will, especially since the parliamentary oversight is an essential task exercised by the parliament on the agenda and the government's actions and be held accountable when failure to perform its functions in the public interest. Thus, the question is a regulatory tool aimed MP from which to obtain information about something unknown, or check get caught arrived knowing him or find out what the government intends to take in something, and the question several types as may be written in terms requires this type of questions be answered in writing, which may be orally and here are the answer verbally in front of members of parliament, and may be the question sooner draw in case there is an urgent and necessary, and as an asset in not directed at these questions only in matters within the jurisdiction of the government because the government is not responsible for the things that He graduated from the scope of its jurisdiction. And that the objective of the study is to identify how they are to ask the question Parliamentary to the government of the Prime Minister and Ministers concerned by the statement of the conditions necessary to bring the question and procedures, and effects that can arrange it after submitting conform to these conditions and due process, and we decided to shed light on the subject of Parliamentary question by dividing the subject of research in three chapters we discussed in the first parliamentary question what, and we have dedicated the second chapter to the subject of the statement and question the parliamentary procedures, while the third chapter Me effects that can result from asking the question Parliamentary

السياسة الجنائية في تنفيذ العقوبة : دراسة مقارنة == Criminal Policy In The Execution Of The Sentence Comparative Study

اسم المؤلف: حسن خنجر عجيل التميمي
اسم المشرف: محمد اسماعيل ابراهيم المعموري
الموضوع العام: القانون
السنة: 2017
الموضوع الدقيق: القانون الجنائي
الدرجة: دكتوراه
الجامعة: جامعة بابل - كلية القانون - قسم القانون العام
اللغة: العربية
مكان الجامعة: بابل
الصفحات الاولى:
المستخلص: يعد موضوع البحث من المواضيع المهمة لانه يبحث في السياسة الجنائية في تنفيذ العقوبة، بما تمثله لمجموعة الوسائل التي تستخدم لمنع الجريمة او في العقاب عليها، اي انها العلم الذي يدرس النشاط الذي يجب ان تمارسه الدولة لمنع الجريمة من خلال ما يسترشد به المشرع ف | The research topic considers a great importance that revolves around the criminal policy in the execution of the sentence, the penal policy represents a group means used to prevent the crime or to punish it, as it is science that studies the activity that the state must practiced for the prevention of crime and punishment for it through the guiding by the legislature in the fight against crime investigator with the balance between the requirements of the state's right to punishment and implementation of social security in order to protect the interest and the penalty which is to be determined by the legislator and the judge sentenced on every person who commits or abstaining the crime, the law considers it a crime. The stage of execution of the sentence is the stage in which achieved the goal of punishment, and it should work force to achieve power. Implementation is not only deprive the convict the right of his rights according to modern criminal policy, but it is something deeper than that crystallized in the re - sentenced raising him and his rehabilitation of social life away from the risk of deterioration in the crime, though deeply as it is embodied in the implementation of the custodial penalties. The penalty execution considers as a practical translation of the verdict of the criminal conviction, which confirms the importance of this phase and the following phase of punishment for different implementation methods and depending on the quality of criminal penalty. The research is addressing a range of dilemmas seeks to develop an effective criminal policy for the execution of the sentence in order to protect the fundamental interests of society and to achieve greater stability, as well as the need to highlight the sources of the penalty policy, and where they are derived and what is their source, in addition to the execution of the penalty is the ultimate goal, which seeks legislator to achieve after going through several stages, since the occurrence of the crime through the investigation and judgment through the implementation, and we're looking at the best ways and means to ensure their implementation at the same offender, and to the extent necessary for punishment is in line with the gravity of things to do and dangerous criminal without trespassing on his humanity , but versa must search for the best means of implementation to return people together in the community, through the development of rules determined against which the drafting of the texts of the criminal law, the objective was the mother of procedure through which the execution of the sentence ensures the rights of the convict and to ensure that the interests of society, and perhaps the most prominent of these dilemmas about the nature of execution of the sentence is that do you implement the punishment is an act administratively, or pursuant to a judicially, or pursuant to a mixed, and which is a guarantee for the rights of the convict from the arbitrariness of an authority to exclusivity order execution, and at the same time bring us to protect the interest of society in the cropping of the offender and the achievement of the objectives of punishment. The second problem lies in the criminal policy sources in the execution of the sentence, as the law, including the execution of the penalty procedures to find the basis of the will of the legislature, according to the doctrine of positive law, and therefore what is based on the legislator to take his vision to develop procedures for the implementation of the punishment. The third problem about the appearance of the criminal policy of the implementation of the death penalty, as the implementation of the death penalty leads purpose and objective through the implementation within the prison, or to find a public execution in order to lead the purposes and objectives of implementation, particularly in terrorist crimes, to be the instrument of a general deterrence and investigation to justice.The study research in criminal policy in the implementation of the original penalties of corporal punishment and negative sanctions for freedom and financial sanctions axis, as well as criminal policy in the implementation of sub sanctions embodied in the penal ancillary and supplementary penalties and precautionary measures, which is the second part of criminal penalty, according to the provisions of the Iraqi criminal law and some of the criminal comparison laws

جريمة التلاعب باسعار الاوراق المالية : دراسة مقارنة == The Crime Of Manipulating In Stock Prices Comparative Study

اسم المؤلف: عمار فاضل كريم
اسم المشرف: عمار عباس كاظم الحسيني
الموضوع العام: القانون
السنة: 2017
الموضوع الدقيق: القانون الجنائي
الدرجة: ماجستير
الجامعة: جامعة بابل - كلية القانون - قسم القانون العام
اللغة: العربية
مكان الجامعة: بابل
الصفحات الاولى:
المستخلص: تعرف جريمة التلاعب باسعار الاوراق المالية بانها افعال احتيالية يرتكبها الشخص منفردا او بالتواطؤ مع غيره للتاثير على سعر الورقة مالية في سوق الاوراق المالية للحصول على منفعة من خلال اصطناع فرق بين قيمة الورقة وسعرها، ولهذه الجريمة ثلاث حالات يسعى المتلاعب | The crime of manipulation in stock prices can be defined as the fraudulent acts committed by the person solo or in collusion with others to influence the price of the stock in stock exchange market in order to obtain benefit through producing a difference between value and price of equity, and this crime has three states that the manipulator in stock prices seeks to achieve it; which are either through making artificial rise in prices or either in seeking artificial decline in prices or the aim of that is the artificial stabilization of prices.Also the crime of manipulation in stock prices has many social and economic risks which can be seen in destabilizing economic stability and disrupting economic development and giving a misleading image about the value of equity, and finally the crime of manipulation in stock prices is considered as one the most important reasons of occurrence the economic crises.The fact that the material element of the crime of manipulation in stock prices can be achieved only through the positive behavior by committing any act which would compose false or misleading impression about stock prices, on the other hand the mental element of the crime, as well as the general intention, requires special intention stipulated by legislator which is creating false or misleading impression about the effectiveness of the market, besides it needs to do so a special basis through stock that represents the scene where the crime is committed. We dealt with the research theme in three chapters; we devoted the first chapter to identify the crime nature of manipulation in stock prices, the second chapter is devoted to explain the elements of the crime, and we set aside third chapter to demonstrate criminal effects of crime, then we concluded the study with the most important findings and recommendations

مبدا الصحيفة البيضاء في خلافة الدول في المعاهدات == The Principle Of Tabula Rasa In The Succession Of States In Treaties

اسم المؤلف: باقر عبد الكاظم علي الكرعاوي
اسم المشرف: طيبة جواد حمد المختار
الموضوع العام: القانون
السنة: 2017
الموضوع الدقيق: القانون الدولي العام
الدرجة: دكتوراه
الجامعة: جامعة بابل - كلية القانون - قسم القانون العام
اللغة: العربية
مكان الجامعة: بابل
الصفحات الاولى:
المستخلص: The principle of Tabula Rasa (clean slate) is one of the principles governing the succession of States in respect of Treaties, provided for in Article (16) of the Vienna Convention on Succession of States in Respect of Treaties in 1978 and determined the scope of application of the principle according to this article the newly independent states of colonialism without the other new states arise from the separation with the survival of the predecessor State, or the demise of the predecessor State in the case of solving the state, according to this principle, it proceeds to the newly independent state of international life free from the obligations contained in the treaties concluded by the predecessor State relating to the province of new state back.The principle of Tabula Rasa (clean slate) on a fixed legal grounds represent a peremptory rules can not be violated, including that of the newly independent states such as the right of peoples to self - determination and the principle of equality among States, including with regard to the legal nature of the treaties which ( pacta sunt servanda) rule and the principle of the relative effect of treaties. Full two exceptions to this principle, provided them articles (11.12) of the Convention relating to Article 11 treaties established systems to the international border, while Article 12 established treaties and other regional systems relate.The world is very influenced by the political geography and the succession of States, so it need to know when and how to prevent legal liabilities of the predecessor State to the successor State. However very great importance Given to the study of international law regarding the succession of states, and has become the forefront of research, in order to give solutions to international problems resulting from a succession of States, which was still under discussion and disagreement.The subject of a succession of States is not to agree on a uniform international rules that can be applied by States in relation to the succession of States on treaties, because the practice of States in respect of succession is not coherent or cohesive logical, albeit mostly determined by political considerations, not legal, and then develop solutions to the problems of succession on the basis of special agreements.The Vienna Convention on Succession of States in Respect of Treaties of 1978, the distinction between "newly independent states" emerging from decolonization, and other new states is emerging from decolonization, which approved the application of the principle of Tabula Rasa ( clean slate) on the newly independent states, which are thus automatically lack of commitment treaties concluded by the predecessor State (colonial). While this principle does not apply to other new states of separate states it is the colony even though they are all modern states.The previous international practices steady, confirms that the principle of the Tabula Rasa (clean slate) has been applied in cases of separation of Independent States and countries from colonialism, while we see that the article (16), has failed to apply this principle to the newly independent States of colonialism without the separate states.That none of the articles (2) Paragraph (1 / f) or Article 16 of the Vienna Convention for the succession of treaties of 1978, does not refer directly to determine the Newly Independent States to decolonization historical phenomenon. As with any codification of the practices of the process, but put provisions general and abstract terms can be applied to any reality to the change of sovereignty. Search section to the front then the door will look at the first chapter of what the principle of Tabula Rasa ( clean slate) and divide into two chapters look at the first concept of the principle of Tabula Rasa (clean slate) and look at the second chapter the legal foundations the principle of Tabula Rasa (clean slate) The second section we will look the scope of application of the principle of Tabula Rasa (clean slate), and divide into two dedicate the first chapter to discuss the principle of Tabula Rasa (clean slate) personal scale and be described in the second chapter the physical extent of the principle of Tabula Rasa clean slate. Then we included the most important conclusion of the findings and recommendations, which concluded the research

الرقابة المصرفية على عمليات غسل الاموال : دراسة مقارنة == The Banking Supervision Of Money Laundering A Comparative Study

اسم المؤلف: طيبة احمد علي
اسم المشرف: ابراهيم اسماعيل ابراهيم الربيعي
الموضوع العام: القانون
السنة: 2017
الموضوع الدقيق: القانون التجاري
الدرجة: ماجستير
الجامعة: جامعة بابل - كلية القانون - قسم القانون الخاص
اللغة: العربية
مكان الجامعة: بابل
الصفحات الاولى:
المستخلص: يعد موضوع الرقابة المصرفية على عمليات غسل الاموال من المواضيع المهمة والمتعلقة بالنظم الاقتصادية، وذلك لما للمصارف من دور فعال في الحياة الاجتماعية والاقتصادية، فضلا عن دورها المهم في التنمية الوطنية بوصفها مركزا اساسيا للائتمان وتمويل المشاريع التجاري | The role of banks in monitoring money laundering transactions regarded as a main topics in economics systems; as banks play an active rule in so social and economic life.Also banks have vital part in national prosperity because it represent a main center for credit and for funding commercial projects and public services for all members of society.Bank should monitor all of his transactions, and there are a necessity of monitoring legality of bank accounts opening and banking credits. Bank Monitoring guarantee the transparency of financial transactions and avoid the many dangers, especially the phenomenon of transforming money from illegal sources to legal one by money laundering.Money laundering take many forms, some of them related to banks, like guarantee loans , Documentary letter of credit, banks accounts. Other forms are non - banks related, like using stock exchange markets and shell companies or through opening accounts and transferred money by electronic means to avoid detection by authorities.So Bank monitoring divided in two types : internal monitoring commence by bank boards of of administration or any entity have authorization by bank to do so.External monitoring execute by other authorities like central bank and external accounts oversight.The bank have many protocols and procedures to monitoring financial transactions, the main procedures are represent by two stages; The first stage to thwarted money laundering like verification of credibility of clients which include gathering Data from internal and external sources about client's financial status and take a right decision based on that data. Also bank stored all documents related to client's identity and sources of his money and all transactions between the bank and the client which enable bank to use this documents as an evidence to resolve issues arise between them.The second stage start after the discovery of money laundering of suspicion arise about it. This stage have many procedures like inform authorities to investigate the suspicious activities, and also freeze and seized assets related to this activities.From all that we concluded that bank have to make a balance between his right to monitor suspicious activities and the client's right of maintaining good reputation. The reasons for balancing is to avoid damaging client's reputation by issue a hesitate decisions relating to suspicions of money laundering. Also this decisions could held bank responsible in civil compensation especially if the client is a well - known merchant and that weakened his credibility.Also the bad decisions by bank could held him liable administratively by higher authorities, because bank have responsibility to choose right employees.

جريمة الانتفاع من المقاولات او الاشغال او التعهدات : دراسة مقارنة == A Crime Of Benefit From The Construction Works Or Undertakings A Comparative Study

اسم المؤلف: علي حمزة جبر
اسم المشرف: لمى عامر محمود
الموضوع العام: القانون
السنة: 2017
الموضوع الدقيق: القانون الجنائي
الدرجة: ماجستير
الجامعة: جامعة بابل - كلية القانون - قسم القانون العام
اللغة: العربية
مكان الجامعة: بابل
الصفحات الاولى:
المستخلص: تعد جريمة الانتفاع من المقاولات او الاشغال او التعهدات من اخطر الجرائم التي تقع على الوظيفة العامة وعلى المال العام المتمثل بالعقود العامة , اذ ان الجريمة محل البحث تمثل تعديا وانتهاكا للمباديء التي يقوم عليها التعاقد في عقود المقاولات او الاشغال او ا | It is of the most serious crimes, which lies on the public office and public funds that representative by the contracts, since the crime in question represents an infringement and violation of the principles of the contracting, which include confidentiality and respect the principle of equal opportunities and respect for free competition among the candidates to win the tender. However, those principles may be violated by the officials who are responsible for the tendering and contracting, therefore; the legislature intervened to criminalize for employee who is getting benefit or commission of completing these stages that he is in charge of. Thus, based on the importance that imposes itself as a necessity of the necessities of scientific research in such a subject and through what we have mentioned above, we have reached some results , the most important of them is inadequate punitive text cited by the legislator as a punishment against the perpetrators of this crime and that is disproportionate to the size of this crime by increasing its perpetrating rates, and that not following the legislative development given to this crime comparing with the legislation of Kuwait, Egypt who are very strict in the consequences of this crime. Also, we did not find enough attention from the legislature to avoid the occurrence of this crime by strengthening the legislation governing public contracts because this legislation's inflation and its plentiful is another factor of committing this crime. So we have asked the Iraqi legislator to edit the text of Article 319 of the Iraqi Penal Code to increase the punishments with redrafting the text to include the various situations that are used by the perpetrators to commit the crime, also we have asked the Iraqi legislator to issue a public contract law to be the special legal reference for the public contracts, and cancel all legislation, regulations, instructions and classified in one of legislation package. The importance of this topic is come from two sides : The first is the theoretical side, the subject of our research occupies a paramount importance in terms of legal research because there is no a specialized legal reference "in Iraq" has been dealing with this crime in all its parts, and have not get adequate attention by the Iraqi jurisprudence, as the jurisprudence does not mention the crime only through transient signals which do not meet all the tenors and contents of this crime. Furthermore, this topic has passed several of legislative developments in Egypt, Kuwait and France, but did not cast enough attention from the Iraqi legislature, where the legislator did not take the initiative to review the punitive provisions that dealing with the public contracts, including the text of the article (319). The second side is the practical importance of this topic where this importance come from the importance of public contracts themselves for being the mouthpiece of the most important aspect of the management's activities and through which it seeks to meet the needs of individuals as well as of the importance of protected interest which legislator wanted from criminalization text, namely the protection of the integrity of public office and public fund. The problem of the research is concentrated on the inadequacy of the punitive text cited by Iraqi legislator in Article 319 in the Penal Code as a main punishment imposed on the perpetrator of the crime ,and is thus contrary to the principle of aggravation punishment for crimes related to public fund, but that the punishment lagging from the articles that preceded it as the crime of mala fides damage of the funds and interests which cited by the legislator in Article (318).Whoever cause detrimental damage to the of one of the government departments and the public sector will be penalized by an imprisonment while the employee who get benefit from work of contracting will be punished by imprison or imprisonment for a term not exceeding ten years in addition to the lack of clarity of Iraqi legislator concept regarding the case of restitute of public funds for this crime and common crimes having same effect. Sometimes adapts it as a financial penalty and sometimes put it in a vague situation. As part of the applied field, the provisions of the Iraqi judiciary has reinforced the dilemma contained in Article 319 of the Penal Code, which reached to the extent that empties punishment of its content.The majority of rules issued by the judiciary are imprisons, unlike the aggravation that we'll find in judicial rules comparing with other countries, especially Egypt and Kuwait.In line with what has been presented, we have adopted the analytical comparative method in the study through the legislative texts that dealt with subject to reach the results that the study aimed to. Relying on the position of the legislators in Iraq, Egypt, Kuwait, France for the purpose of comparison, also some international conventions that ratified by the legislation under study will be discussed , since it became an integral part of internal legislation, and whenever required for the search.The scope of the research in this study was distributed into two sides : First, is the legislative side, which is limited on the side of criminality punishment only as beyond the scope of our research into the use of public contracts in the administrative legislation and what is the authorization of the management to impose punishment against the beneficiary employee of such contracts. The second is with respect to how to handle the topic of this study, as it was limited on the objective side only, while the procedural aspects that might be against the crime will be outside the scope of our research.A consistent plan has been created in line with the objectives of the study and its goals, and based on that we will divide the research into three chapters preceded by an introduction. The first chapter will be allocated to indicate and explain what the crime of benefit from work of contracting is. This chapter consists of two sections, the first section deals with the concept of the crime of benefit from work of contracting, and the second section deals with the crime essence and the protected interests in this crime. The second chapter is devoted for studying the elements of crime, and this will be through two sections. The first section deals with the special basis of the crime, and the second section deals with the general basis of the crime. The third chapter is displaying the effects of the crime and that's by two sections, the first section is devoted to state the penal effects of the crime, and the second section will state the non - penal effects of the crime. Finally, we will write a conclusion at the end of this thesis, stating the results, recommendations and proposals.

مبدا المساواة في القانون الجنائي : دراسة مقارنة == Principle Equality In Criminal Law Comparative Study

اسم المؤلف: حسين ياسين طاهر
اسم المشرف: اسراء محمد علي سالم
الموضوع العام: القانون
السنة: 2017
الموضوع الدقيق: القانون الجنائي
الدرجة: دكتوراه
الجامعة: جامعة بابل - كلية القانون - قسم القانون العام
اللغة: العربية
مكان الجامعة: بابل
الصفحات الاولى:
المستخلص: مبدا المساواة من المبادئ الاساسية التي يتوقف عليها تحقيق العدالة من خلال ضمان عدم التمييز بين الاشخاص بسبب الجنس او العرق او القومية او الاصل او اللون او الدين او المذهب او المعتقد او الراي او الوضع الاقتصادي او الاجتماعي، لذلك يكفل عدم التمييز بين الاشخا | Equality is regard as a basic principle in criminal law , the fair depend on equality which is all the people ideal target to reach so the powerful men try to concern and pretending equality this is from one side , from the other side the rules of criminal laws conducted with most important rights of human being like his life , body safety , and his freedom and this is cannot be done without non discrimination because of the race, root , or nationality or color or religion or believe or opinion or economic situation or social situation , so non discrimination among people can guaranteed the equality to convince people with absence of non discrimination , but this can face some difficulties in applying because of the privileges awarded to some people due to their law positions and the nature of protected rights by criminal text laws ,so the literal applying of equality caused non equality due to the un fair affected whom their legal positions or the rights under assault so the legislator working to resolve the non discriminated practically with abstract view regardless of personal considerations due to the coverage of solo discrimination is impossible. to reach the equality and getting the target of penalty and guaranteed its effectiveness the judicial power awarded estimated power to increase the rehabilitation versus the hurts of punishment and because both is reached during executions the judicial power authorize the means which could complete the target of punishment by considerations of personal discriminations.The importance of equality in judicial law include all the texts parts and regulations process parts. the changing in the target of penalty reflects on most principals of judicial law including equality which take a modern concept different from the previous concepts. previously the equality was viewed as numerical legal aspect for all people without discrimination and this is a result for logical criminal concepts but after transition in punishment of crimes the personal standard arise and offender start to viewed as person out of right side and the target of punishment is rehabilitations and to reach that the fitness of punishment with the offender should be taken as reality.To cover the subject of research we take it in three parts : The first part is what is the equality in criminal law which is divided into two research the first one subjected to the principal of equality in criminal law.The second part subjected to the basic and its unity of equality in criminal law.The second part subjected with the legal provisions of equality in criminal law which include two research the first for texts for equality in criminal law.The second research for regulations of equality in criminal law.The third parts subjected to two researches the first one for exceptions in equality of crimes and punishments which we deal it in two research.The first one for some exceptions for crime and punishment.The second for the exceptions in rules of regulations

التنظيم الدولي للمناطق المحمية == The International Regulation Of Protected Areas

اسم المؤلف: اسراء صباح جاسم
اسم المشرف: يحيى ياسين سعود
الموضوع العام: القانون
السنة: 2017
الموضوع الدقيق: القانون الدولي العام
الدرجة: ماجستير
الجامعة: الجامعة المستنصرية - كلية القانون
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: It becomes a very well known that the war has become one of the things that imposed itself on the ground. But we cannot claim the elimination of this scourge at once. Therefore, the international community is striving to mitigate its severity, and this relentless pursuit casts burden on the conflicting parties to take a number of methods and preventive measures for the protection of victims of armed conflicts.One way to provide protection to victims and persons who are being targeted during armed conflicts is to create places of protection. This is done by preventing the fire from reaching the war to those areas, and then to spare civilians from the tragedies of armed action.The importance of protected areas is become from being related with one of the most important sources of human presence and survival. They protect human dignity of assault by the protection offered to present, based on that is gaining increasing attention to these areas, particularly with the increasing armed conflict due to the growing vulnerability of civilians, the wounded and sick combatants and the effects of these conflicts. It is my sense of importance that they came into being while the world is watching what my country - Iraq - has been suffered the violation of the simplest human rights and rule of humanitarian International law by ISIS terrorist entity.According to what have been said, and hoping to add another brick in the edifice of humanitarian international law, we will try to answer the following questiono : Did protected areas contribute to alleviate the tragedies of war, and to what extent? And whether the rules of Humanitarian International Law were effective or ineffective in the regulation of protected areas and the protection of them during armed conflicts.To answer those questions, I talk in this study on the concept of protected areas by define the term and illustrate the principles which govern and prottect them. Then I show the justifications of the establishment of such zones, and reached that the goal of the creation of them is to protect the affected persons and protected objects. After that I clarified the role of international organizations on protected areas, particularly the United Nations Organization as responsible for the maintenance of international peace and security, the International Committee of the Red Cross as an official sponsor of the international humanitarian law, Finely I showed the International responsibility arising from the damage of protected areas, and came to a result that such damage to those areas forms an international crime requires accountability of perpetrators

التنظيم الدولي لمكافحة جريمة تجنيد الاطفال في النزاعات المسلحة == International Regulation To Combat The Crime Of Recruiting Children In Armed Conflict

اسم المؤلف: فلاح مهدي عبد السادة
اسم المشرف: سرمد عامر عباس
الموضوع العام: القانون
السنة: 2017
الموضوع الدقيق: القانون الدولي الانساني
الدرجة: ماجستير
الجامعة: جامعة بابل - كلية القانون - قسم القانون العام
اللغة: العربية
مكان الجامعة: بابل
الصفحات الاولى:
المستخلص: يشكل الاطفال جزءا كبيرا من المجتمع البشري, اذ يمثل الطفل ثروة الامم والامل الذي ينشده بني البشر لتحقيق اهداف المستقبل, لذا انطلقت الحماية الدولية لحقوق الطفل في صورة تشريعات واتفاقيات وطنية ودولية للمحافظة على تلك الفئة الضعيفة وبالرغم من ذلك الاهتمام

الرقابة المتبادلة للحكومات المحلية في قانون المحافظات غير المنتظمة في اقليم رقم 21 لسنة 2008 المعدل : دراسة مقارنة == Control Of Mutual Local Governments In The Law Of The Provinces Irregular In The Province Of 21 Of 2008 Average Comparative Study

اسم المؤلف: نزار محمد جاسم الموسوي
اسم المشرف: غازي فيصل مهدي
الموضوع العام: القانون
السنة: 2017
الموضوع الدقيق: القانون الاداري
الدرجة: ماجستير
الجامعة: معهد العلمين للدراسات العليا - قسم القانون العام
اللغة: العربية
مكان الجامعة: النجف
الصفحات الاولى:
المستخلص: After 2003 Iraq has witnessed a shift in its administrative system. After it was decentralized theoretically and centralize practically. The Iraqi legislature has been adopted by a decentralized system politically and administratively. It made the first system as a base to regulate the relationship between the region and federal authority. And made the second one under which the relationship between the central government and the provinces which are not organized in a region.Governorates not organized law has reversed in the territory No. 21 of 2008 amended as possible parliamentary system, which was brought by the Iraqi Constitution properties, to suit the local government level in the governorates not organized in a region by organizing supervisory relationship to local governments, similar to a large cross - censorship boundary between parliament and the government in a parliamentary system.Governorate councils and advisory councils practice a significant control role on the on local executive bodies oversight function varies depending on the level of the Administrative ,Unite ,which these councils represent and it includes all of the executive committees activities except for the court and military contingent and colleges and institutions.The control is not limited on the activities of the general local facilities but includes the main personal of these committees as governors and senior positions. This controlsubstantiate through the authority of governorate on their discharge or exemption of their positions in accordance with the terms stated by the law.However, these councils cannot perform its control role effectively on the local executive bodies except through clear mechanisms for the exercise of this jurisdiction and we see through this research that the mechanisms set by the law is not sufficient to exercise this kind of control effectively.In return for the powers granted by law to local councils to the heads of administrative units in the recent granting of authority in the face of these local councils, but these control enjoyed by the local government some obstacles may sit making exercise supervisory work is not the level of ambition.

التنظيم القانوني لاموال العتبات المقدسة : العتبة العباسية انموذجا == Legal Regulation Of The Funds Of The Holy Shrines The Al - Abbas's Holy Shrine (Exemplar)

اسم المؤلف: انور محمد علي حميد القرعاوي
اسم المشرف: احمد شاكر سلمان الجراح
الموضوع العام: القانون
السنة: 2017
الموضوع الدقيق: القانون الاداري
الدرجة: ماجستير
الجامعة: جامعة كربلاء - كلية القانون - قسم القانون العام
اللغة: العربية
مكان الجامعة: كربلاء
الصفحات الاولى:
المستخلص: Depending on the high status , And the holiness of the jurists and the law. enjoyed by the holy shrines , As religious and cultural sites , And the containment of the pure bodies of Ahl Albait (peace be upon them) , It has been associated with the hearts of millions of Muslims , From all over the world , And they are already on the sanctuary of these holy places , And compete to provide them with financial tender , Cessation or vow or bequest or gift... , For this reason, the funds of the holy shrines have become the subject of the research and attention.The succession of previous governments, and their differences in the holy sites, according to their political orientation, have had a significant impact on the organization of the management of their funds, the extent to which the holy sites have reached the current stage, the development of expansion and construction, and the provision of services to visitors and citizens in their basic life. The legislation in force regulates the management of the sanctuaries , determines its financial resources and assigns its administrative functions toa department that operates in accordance with Shari'a and legal rules and under the supervision , and supervision of the supreme religious authority. The increase in the activities of the holy shrines, in various fields, makes them need legal regulation toregulate the movement of these funds, and enables workers to manage these sanctuaries to organize their affairs and carry out the functions and tasks assigned to them.In order to shed light on the issue of legal regulation of the funds of the holy shrines (the sanctuary of Imam Abbas as an example ), the concept of the funds of the sanctuary , the provisions of the management of funds, the control exercised on the management of these funds, the legal protection of these funds, The sanctuary of Imam Abbas is a model whose financial organization is the broader and more comprehensive organization than the other thresholds. To outline the subject in detail, we will divide the thesis into two chapters.In the first chapter, we will discuss the concept of the funds of the Holy Sanctuaries and their provisions. We will explain the definition of the Holy Sepulcher funds, the legal development of the management of these funds, the legal nature of these funds, and access to the provisions related to the management of these funds according to their categories. Of spending, access to the budgets included in sanctuary , and the extent to which they relate to the federal public budget of the state.The second chapter will be devoted to the subject of the supervision of the holy sites funds and their legal protection, through which we will show the extent to which the funds of the holy sites are subject to self - control.These are the internal control system, the internal control exercised by the members of the executive authority against the funds of the holy sites, and control of independent councils. We will also demonstrate the protection of administrative legislation, criminal protection and civil protection of funds of holy sites. We conclude this thesis with a number of conclusions and recommendations which we have reached through our discussion of the subject matter of the thesis.

التنظيم القانوني لعقد التشغيل المشترك == Legal Regulation Of Joint Operation Contract

اسم المؤلف: عيسى عبد الجبار اسماعيل
اسم المشرف: غازي فيصل مهدي
الموضوع العام: القانون
السنة: 2017
الموضوع الدقيق: القانون الاداري
الدرجة: ماجستير
الجامعة: معهد العلمين للدراسات العليا - قسم القانون العام
اللغة: العربية
مكان الجامعة: النجف
الصفحات الاولى:
المستخلص: We study and consider holding joint operation in General and total starting with the definition and finally end the joint operation contract and statement of jurisdiction and how Iraqi courts jurisdiction to hear disputes arising from this contract relying on analytical approach adopted in induction and deduction and comparison between the views of scholars and texts of laws and judicial rulings and reached to hold interoperability human administrative contracts in nature , Whereby the Department undertakes and called (the concession - granting authority) to a special law called the obligor a management and use of public facilities at his own expense and fee payable to beneficiaries which are profitable and have a fixed - term contract (usually short) advanced stage is similar to the concession contracts with many international administrative and administrative contracts but differs with her on some properties. And holding joint operation is a new kind of contract types, is a groundbreaking product of contemporary life contributes to the development of public facilities, themed mostly infrastructure projects such as ports, airports and railways and road and air transport and sea and can apply this type of contracting in many sectors including the oil industry and others, and that the Administration not only functions in accordance with this contract to ensure the execution of the contract But interfering in guiding implementation and by choosing the most appropriate ways to ensure the smooth running of the General Annex, while adhering to the principle of legality when issuing administrative decisions, in order to derive rights from the contractor as a public authority and which shall ensure the smooth running of the General Annex and native rights these rights are constant for the Administration, even if not included in the contract : 1. for management power to amend certain terms of the contract relating to the General Annex, at its sole discretion, 2. the management authority of the sanction in the case of breach of contractual obligations unilaterally without having to crack.3. the management authority to terminate the contract unilaterally before it has finished The rights enjoyed by the administration corresponding obligations upon themselves and are committed, which is committed to implementing its obligations stipulated in the contract and management rights are, the joint operating contract ends in one of two ways, either a natural end to expiry, and either premature end before expiry, with access to consensual solutions to common operating contracts and dispute them amicably and arbitration according to Iraqi law, the Iraqi civil courts have jurisdiction to consider the joint operating contract disputes and have full jurisdiction in consideration. The study showed the need of developing countries for such type of contract, to provide financing for projects without having to download the State budget additional financial burdens or resort to foreign loans, as well as providing advanced technology and management expertise and technical, the survey regarding the legal nature of the joint operation contract, these contracts are of administrative contracts in nature and subject to common law rules , And cannot be a private law contract, the Administration will prevail over the will of contracted, they sponsor and guarantor of functioning of a public utility, the study showed that this type of hiring needs to advance preparations for hiring or contracting project and the negotiation phase, feasibility phase and from both sides of the contract if the negotiation phase, feasibility phase the Administration set conditions that include determining the duration of the contract And select the required technology and technical specifications as well as the financial aspects of the project, and the personal implementation contractor to contract because of these contracts on the personal account idea in choosing a contractor and as a general rule no contractor may waive the contract because another contractor, contractor run and manage a project to provide services to beneficiaries, as committed to maintenance of equipment, machinery and equipment and replace any faulty ones and the training of national cadres on their use and maintenance , And as committed to equip the project with modern technology, and at the end of the period re annex to management and in good condition and is one of the most important fundamental obligations in the common operating contracts in addition to a Palace. Joint operating contract is a legal system and a sophisticated and flexible contractual terms of procedures of negotiations and a feasibility study and on both sides to avoid potential loss and damage with a note to the contract is no cooperative relationship uplifts to form or generate new moral character (company) and that's what strengthens what about avoiding losses and this contract is one of the most important means of trade and international deal to developing countries and in special circumstances such as Iraq and you want to get the aid in Modern technology of developed countries and access to advanced technology and machinery and equipment in addition to the methods and systems and modern technologies of management and operation and the training of its cadres, and the idea of a joint operation is a partnership between the public and private sector which needs a high degree of trust and cooperation and transparency, integrity and professionalism and expertise among the limbs. The basis for this search is carried out by the Ministry of transport of the joint operating contracts for the years 2009 and 2010 and its proven success where the Ministry convert most self - funded companies from losing companies into profitable companies with sophisticated mechanisms of action resulting from the experience and professionalism of its top management (Minister) and transparent dealings and integrity that enjoyed by these mechanisms and effective solutions for example is holding a joint operation and who returned to the Ministry of financial profits and the entry of foreign investments As well as modern and sophisticated means and management and operation of public facilities and the development and training of its workforce and increase size notes revenue Ministry and companies during the years 2008 and 2009 and 2010 compared to previous years. Joint operating contract features (create, manage and operate or manage, operate or operate shared) that belongs to an area or a particular sector but its flexible recruiting in all sectors and activities and could change depending on the public and industry can benefit from a contract manufacturing or joint manufacturing management contract or contract creation and management and joint manufacturing and the oil and electricity. Etc. with retention of its President, in accordance with the regulations of the relevant sectorial precooked and benefit from the experience of the Ministry of transport in 2009 and 2010 exclusively something needs to hold seminars and conferences for the purpose of idea and promoting it, that second side to hold interoperability is investment and introducing foreign capital and get advanced technology and modern techniques and training Iraqi cadres and learn modern management and operating methods

الطعن تمييزا في ضوء قاعدة لا يضار الطاعن بطعنه == Challenging Discrimination Against The Light Of A Base Does Not Harm The Appellant With His Stab

اسم المؤلف: سجاد حبيب داخل
اسم المشرف: ضياء عبد الله عبود الجابر الاسدي
الموضوع العام: القانون
السنة: 2017
الموضوع الدقيق: اصول المحاكمات الجزائية
الدرجة: دبلوم عالي
الجامعة: المعهد القضائي
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: That the possibility of wrongdoing by the judge in the judicial work of Muslim did not receive an objection or skepticism acknowledging that the error is a human infidelity not infallibility other than God of them, and because the work of the judge is based not only on the knowledge of the law, but is deeper and more comprehensive. If the correct application of the law The judge is an important and essential pillar in the search for truth. It is the ultimate goal in order to achieve justice. Since the ability of judges to understand and apply the law varies Depending on the difference in their legal culture and their scientific experience , So the difference in a particular legal issue is inevitable, so the legislator in the criminal procedural laws to prevent errors and treatment of judges, especially since the ruling is the title of truth and if it is wrong to choose the legal text applicable to the incident presented, for example, Its failure to keep up with the legislative movement, to understand or interpret the meaning of the text on a particular basis has rendered that provision defective and detrimental to the interests of society.Therefore, the methods of appeal seek to amend the content of the penal provision in order to obtain fair and legal judgments, measures and decisions. It guarantees the legitimate opponents of the case their legal rights, and preserves the legal validity and remedy the judge's error or the court's life. Since the mistakes are unintended, The Penal Code of Criminal Procedure No. 23 of 1971 in Articles 243 - 279 contained in the fourth book of the above law under the title of "Methods of Criminal Appeal" as a means of amending the provision or canceling it for violating the law in order to obtain a better judgment. Taste (Discriminatory and corrective of the discriminatory decision and retrial) and the fact that the cause of the appeal on judicial decisions, measures and decisions is to protect the victim from the mistake of the judge or the court. therefore, monitoring of the legislature of the Iraqi penal means to address this, including through the appeal against discrimination provisions and judicial measures and decisions, one of the ways to appeal the extraordinary received provisions related to Part II of the fourth book of the Code of criminal Procedure in articles (249 - 265) and the types of discrimination the Thestudy found that there is a legislative lack of some provisions of the laws that deal with the right to appeal discriminatory provisions and penal decisions, including Law No. (27) of 2016 on amnesty cases, especially what is related to the case. The abovementioned amnesty law No. (19) for the year 2008, and the provisions of the said law regarding the duration of the discriminatory appeal of the decisions issued and the consequent effect of creating a state of confusion for those affected by those Making decisions on the one hand and wasting a guarantee The study also recorded a note regarding the decision of the Revolutionary Command Council (dissolved) No. (104) for the year 1988 to distinguish cases of juvenile offenses. The study also found that the challenge of discrimination raised from them with regard to the appellant and related to other parties The case is that the rule (no harm to the appellant) stipulated in article 251 (c) of the Code of Criminal Procedure in force does not have a presence in many judicial decisions issued by the Federal Court of Cassation and the courts which have delegated its powers. Achieving justice Spyware to record the study of a number of observations on the subject of appeal Altmiiza judgments and decisions, which I found study worthy of research. And since the end of the challenge discrimination fully consistent with the positive and effective role of the Public Prosecution Baotaiarh an essential organ to monitor the legality and the proper application of the law. The study found the subject of the research (appeal discrimination in the criminal case in the light of the legal rule does not harm the appellant stabbed) of the importance of the existence of the legal principle referred to and the exception or restriction. The subject of the research is to clarify the general framework (appeal discrimination in the criminal case In light of the legal rule does not harm the appellant Btnh) and to highlight the legal roles performed in the field of Iraqi criminal law, so the scope of research will be in the provisions of this law, both substantive and procedural, compared with some other criminal laws objectively and procedurally. The study adopted the descriptive method of legal texts, legal cases and analytical texts and legal articles. A comparative study between the Iraqi law and other laws, with an emphasis on the position of the Iraqi and Arab courts.In dealing with the subject, I reached a number of conclusions and came up with a number of proposals which can be summarized as follows : 1. Judgments andjudicial decisions are the workings of the humanitarian administration and may be subject to the possibility of error, omission or ignorance sometimes. involving a judicial error in the understanding of the text, interpretation or application or estimate is illogical for evidence or punishment or error in the core procedures, so he headed the Iraqi legislature and under the Code of criminal procedure Law No. (23) of 1971, like the rest of the other penal legislation to Text on means to monitor the health of the deaf M, decisions and measures, including through discrimination, which aims to challenge him to rectify the errors of judges, but he was one of the important means to achieve justice as control over the judicial work tool. (249 / A - B) of the Code of Partial Trials referred to the reasons for the challenge of discrimination which are (violation of the law, error in its application or interpretation, error in fundamental procedures, error in estimating evidence or punishment or judgment) the study noted that the Iraqi legislature differs from other legislation with regard to the reasons for the appeal, as well as for the error in the proceedings and whether essential or not when referring to a flexible officer about it is how wrong the effect of the judgment or the accused's defense.The exceptional character of the challenge of discrimination made it described as an unusual way of challenging the criminal judgment of the argument of the jurisprudent, which was based on the officer of reasons for distinguishing between him and the methods of appeal, because these reasons are related to the role of the Court of Cassation in raising the legal truth. The freedom of the appellant is a legal restriction which makes him not free to establish his appeal according to the reasons he believes, but he complies with the reasons enumerated by the legislator under article 249 (a) (b) of the Code of Criminal Procedure. In this way, the court of Tami It is a body that monitors the legitimacy of judgments, so it is not considered a second degree of litigation. Its function is limited to scrutinizing the contested judgment, either by ruling on rejecting the appeal or by ruling on accepting it and revoking the ruling.The legal basis for this censorship, under which the Iraqi Court of Cassation exercises its function of controlling the criminal judge's power to assess evidence, is the explicit provision of Article 249 of the Criminal Procedure Code, which gave the Court of Cassation the power to censor fundamental errors in fundamentalistprocedures Or in the estimation of the evidence and this error was influential in the judgment. In addition, the Iraqi legislator emphasized that criminal judgments must be brought about, and that his understanding of the reasons is the evidence on which the judgment is based. Thus, the defects of evidence - related causes, if the criminal judgment was impaired, were the subject of the control of the Court of Cassation.As for the proposals found in the study are : 1. Lift the restriction contained in Article 249 (c) of the Criminal Procedure Law in force, as it allows the public prosecutor to challenge all decisions issued by the examining magistrate, whether or not a comma in the case. In light of the role played by the Public Prosecution in ensuring the proper application of the law and in conformity with its functions set out in the Public Prosecution Law No. (49) of 2017 as a social body, In the case in order to challenge the discrimination in order to deal with the action that he considers defective and effective The investigation also prevents the public prosecutor from resorting to the discriminatory request to continue the fact that the road mentioned in article 264 of the Code of Criminal Procedure is an exception and has set limits and can not be expanded in it.2. of the Law of the Court of Cassation, in accordance with the provisions of Article (71) In spite of the fact that the most important cases of juvenile delinquency have become the jurisdiction of the appellate courts as discriminatory, it is necessary to amend article (257) of the Code of Criminal Procedure and to make the courts of appeal in their discriminatory capacity the specialized ones. Unity of legislation and non - dispersion of legal texts

الحلول القانونية لعوارض تنفيذ عقد امتياز المرفق العام وتصفيته : دراسة مقارنة

اسم المؤلف: هدى تحسين الياس
اسم المشرف: علي احمد حسن اللهيبي
الموضوع العام: القانون
السنة: 2017
الموضوع الدقيق: القانون الاداري
الدرجة: ماجستير
الجامعة: الجامعة المستنصرية - كلية القانون
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: تعالج هذه الرسالة موضوعا حيويا له اهمية كبيرة في المجال الاقتصادي بشكل عام ويؤثر على المرفق العام بشكل خاص، الا وهو عقود الامتياز، فقد تلجا الادارة الى ابرام عقود الامتياز باشكاله كافة مع القطاع الخاص من اجل تحقيق الاهداف، وتلبية احتياجات المجتمع المتزا | This study deals with a vital subject with big importance in the economical field generally, and affects the private facility particularly, the administration may go to seal all types of privilege contracts with the private sector in order to achieve the goals and satisfy the growing needs of society, where some believe that the public sector has a difficulty with managing the big projects for all public facilities, because of the inability to provide necessary finance and credits to implement these projects, thus, it was important to think about attracting investments to construct and develop these projects, spatially the infrastructure constructing, and since these projects are large and risky because of the big amounts of spent money to achieve them, then they must be implemented accurately, and it takes the management to give up some of its control and aim to implement the mutual commitments of the contracting parties.And no matter how much the effort was to fulfill the contract commitments between the contract parties, some unexpected obstacles may appear and they are hard to be handled or anticipated according to the ordinary standards of things, thus it becomes hard to fulfill these contract commitments with the presence of these obstacles.Therefore, solutions must be found for managing the crisis that public sector is subjected to, and try to dissolve the obstacles that object it, to maintain it and present its services to the beneficiary people regularly and steadily.Our motivation to choose the subject of the study was to know the legal solutions that were founded by the legislator, the judicial system and the jurisprudence to avoid these setbacks.This study was divided to an introductory part and three chapters; the introductory part addressed what is the public facility privilege contract, and this was subdivided into two requests, the first defined the public facility privilege contract and explained its characteristics and the legal types for these contracts, and we distinguished it form the similar other systems, while in the second request we addressed the modern development for the public facility privilege contract by defining the modern privilege contracts and distinguishing it from its similar concepts, also knowing the its importance through its privileges along with its set back points that effect it.The first chapter was about the public facility privilege contract incidents through dividing it into two parts, in the first we issued the respective impossibility for executing the incidents of the privilege contract that require keeping contract execution despite of the cost increment that results with a financial overstrain for the contractor or the project company.And this part is also sub - divided to three requests; in the first we mentioned the emergency conditions incident through identifying it and knowing the required conditions for it. In the second request we issued the mismanagement whether it was by its mistake or not, and in the third request we explained the unexpected financial difficulties that makes the contract execution more exhausting for the contractor. And we studied in chapter II legal solutions for public facility concession contract disabilities : by dividing it to three topics, in the first one we discussed compensation by defining it, knowing its types and how to calculate it when concession contract disability accrues, in the second section we studied abrogation through defining it and knowing its basis, and identify its types that may approach concession contract, in the third section we showed suspension by identifying it, show the conditions of obligation to it and the impact of the suspension on a concession contract annex. And we studied in chapter III legal solutions to filter the public concession contract : by dividing it into two sections, the first section we studied settling, distinguishing it of its similarities and the resolving mechanism of disputes arising therefrom, in the second section we discussed about how to conduct public facility settling through knowing the fate of labor contracts made with annex users and workers, also find the free returned money to the State from those returning with a compensation and also we studied how to setter financial accounts between the parties of the annex concession contract.

المركز القانوني لقائد الطائرة == The Legal Position Of Aircraft Commander

اسم المؤلف: مهند موسى جاسـم
اسم المشرف: فاروق ابراهيم جاسم
الموضوع العام: القانون
السنة: 2017
الموضوع الدقيق: القانون التجاري
الدرجة: ماجستير
الجامعة: الجامعة المستنصرية - كلية القانون
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: The pilot is regarded as a president of a state in the society that exist on board because of the remoteness of the aircraft from state authorities.It may be subjected to an emergency without control or surveillance or without supervisor from the governmen. Accordingly it was very necessary to have an authority on board works as government or does state responsibilities specially keeping order and security on board. The pilot was most proper person to be authorized such a responsibility and difficult task.Because of such difficult task , the international treaties , agreements and laws had put many compulsory obligations and conditions which should be available in the pilot. There were many differences among the specialists about the nature of the job of the pilot and the nature of this contract between him and the airways investor. Some of them prefer that the signed contract should be work contract with special nature due to some great difficulties about innocence work contract.Here we can call it " air work contract ". As the aircraft is the main instrument used in this case and used specially by the pilot , then we must refer to speaking about that subject before talking about the pilot personally. Also the air safety depends fundamentally upon the used aircraft in flight; therefore there should be some special conditions and characteristics available in that instrument. The pilot has wide authorities whether upon the passengers or the aircraft crew that exist on board or even the corresponding and communication on board. Anybody got such capacity , abilities and powers , he must have good qualifications and knowledge. Basing on such information and description, the success of air flight or it failure depends in fundamentally upon the competence and qualifications of the pilot. Dealing with such a subject needs explanation about the powers and responsibilities of the pilot., specifying the law concerned which should be applied on board , action which may or should be executed on board , events and behaviors that may occur during the air flight. Because the pilot has great and wide authorities and power , it was natural that the responsibilities should be in the same level with those authorities and powers.. He is completely responsible for all his conducts , behaviors and any action he does ob board. But still some of these behaviors may lead to catastrophe mistakes. Any mistake committed by the pilot may lead to destroying and crashing the aircraft and death of the passengers on board and the crew also. Accordingly the pilot will be responsible for the consequences of his mistake ;therefore he feels always that he has great and hard responsibility required from him attention and watchfulness , although some pilots cannot bear such consequences ;therefore the international laws specified the pilot's responsibilities and duties against special amount as with air investor

النظام القانوني لعقد خدمة المعلومات الالكترونية : دراسة مقارنة == The Legal System For Electronic Information Service Contract

اسم المؤلف: لبنى عبد الحسين عيسى السعيدي
اسم المشرف: جليل حسن بشات الساعدي
الموضوع العام: القانون
السنة: 2017
الموضوع الدقيق: القانون المدني
الدرجة: دكتوراه
الجامعة: جامعة بغداد - كلية القانون
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: ان شبكة الانترنت احدثت تغيرا جوهريا في نقل وتبادل المعلومات، واختصرت الزمان والمكان، واصبح العالم بفضلها قرية كونية صغيرة، انعكست اثارها على ابعاد متعددة، اهمها البعد القانوني، اذ برز اثر هذه الشبكة على الوسائل التي تتم عبرها العقود، فاذا كان التعاقد عب | The internet has made substantial changes to the ways that individuals interact and exchange information. The changes to these inter - personal interactions have resulted in a reduction in the time and effort required to interact. This affects many dimensions of an individual's life, including how they conduct their legal affairs. The internet has impacted all aspects of the practice of contracting; from negotiation, the exchange of consent, drafting of contract terms and the execution of contractual obligations by each party. All of these activities can be conducted by electronic means. All aspects of contracting have been impacted by electronic commerce. The ownership of tangible materials and the provision of services are increasingly being procured on - line. In this study we will consider whether the traditional forms of contract law are sufficient and appropriate to regulate emerging electronic service. We have chosen the subject of “the legal system for electronic information service contract” for our dissertation. The report will consist of three chapters preceded by an introduction. In the first chapter we have sought to clarify the essence of electronic information service contract. We have therefore dealt with three main subjects. First we commenced by defining the relevant contracts in order to shed some light on their essential characteristics. Next we considered some of the philosophical arguments about the nature of this contract and have compared some of the different perspectives. This is an important aspect of the dissertation because there are differences of opinion in this area particularly as to whether this contract has a special nature at all. At the end of this chapter we have considered international standards that are being applied to the relevant contract. We have discussed how these international standards may assist to inform developing research and legal reform. In the second chapter we have concentrated our study on the formation of this contract. Then we identify the parties of this contract and their subject. However this contract is kind of mutual contract. This causes a difficulty in characterization due to the special nature of the contract. Therefore we try to demonstrate the most important obligations which are interludes of the agent and the client and their liability.In the third chapter, we have considered the need for the law to properly support people who seek to create electronic service contract. We take the position that the law should provide the ability for individuals to make a choice about the kind of contract they wish to make. It is more important that the law is relevant and properly supports contracting activity rather than restricting the nature of the contract. We therefore have set out the debate in this matter with some careful detail. Initially we clarify the ability of the party to choose the relevant law for their contract. Then we discuss the inflexible standards that currently exist in the law. We apply a classical method of conflict of laws to simplify the debate and then finally we test the applicability of the rules of electronic commerce to these contracts. We conclude by explaining our own opinion on the issue. In the conclusion of our study we have stated our findings and made our recommendations regarding electronic information service contract. We make a number of recommendations for legal reform that we hope will serve as a basis for changes to the law in Iraq
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