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دور الادعاء العام في القضاء الدولي الجنائي == THE ROLE OF THE PROSETING ATTORNEY IN THE CRIMINAL INTERNATIONAL JUDICIARY

اسم المؤلف: فخري جعفر احمد علي الحسيني
اسم المشرف: عبد علي محمد سوادي
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون الدولي الجنائي
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: كربلاء
الصفحات الاولى:

التعويض عن فوات الفرصة == Reparation for loss of opportunity

اسم المؤلف: احمد محمود مدلول تاية
اسم المشرف: حميد سلطان علي الخالدي
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون المدني
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:

مجلس النواب العراقي : دراسة تحليلية وصفية في ظل دستور العراق لسنة 2005 == Iraqi Council of Representatives : Adescriptive analytical study under the Constitution of Iraq for the year 2005

اسم المؤلف: محمد مطلب عزوز محمد المحمود
اسم المشرف: علي يوسف عبد النبي الشكري
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون الدستوري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: النجف
الصفحات الاولى:

الاجرائات الجزائية لمسائلة الصحفي : دراسة مقارنة == Journalist Inquiry Penalty Procedures : A Comparative

اسم المؤلف: حيدر عبد الجليل مهدي المالكي
اسم المشرف: ضياء عبد الله عبود الجابر الاسدي
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: اصول المحاكمات الجزائية
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: النجف
الصفحات الاولى:

مجلس الوزراء في دستور العراق لعام 2005 : دراسة تحليلية وصفية == The Council of Ministers in the Constitution of Iraq in 5002 : An analytical study an observational

اسم المؤلف: مروان حسن عطية العيساوي
اسم المشرف: علي يوسف عبد النبي الشكري
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون الدستوري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: النجف
الصفحات الاولى:

التنظيم القانوني الدولي لحقوق الاشخاص ذوي الاعاقة : دراسة مقارنة

اسم المؤلف: فاهم عباس محمد العوادي
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون الدولي الانساني
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بابل
الصفحات الاولى:

الضرورة والتناسب في التجريم والعقاب : دراسة مقارنة == Necessity An D Proportionality In Criminalization And Punishment A Comparative Study

اسم المؤلف: محمد حميد عبد
اسم المشرف: محمد علي سالم جاسم الاسدي
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون الجنائي
الدرجة: دكتوراه
اللغة: العربية
مكان الجامعة: بابل
الكلمات الدلالية:
  • فلسفة التجریم والعقاب
  • سیاسة الحد من التجریم والعقاب
  • القاعدة الجنائیة
  • نطاق سلطة المشرع في التجریم والعقاب
الصفحات الاولى:
المستخلص: When we study the general authority of criminalization and punishment , especially when we focus on the basis that the legislature depend on them when practice its discretion in criminalization and punishment , we need to study two important doctrines , which are the doctrine of necessity and the doctrine of proportionality.To deal with the aspects which relate to those two doctrines , we divided this study into two parts. The first part deal with the semantic and the legal meaning of the necessity and proportionality. To clarify the meaning of those two concepts we search for their applications in Islamic jurisprudence , and convert to their applications in all legal aspects. In legal aspects we denoted to some provisions in constitutional legislations which mention the necessity and proportionality as an important doctrines to recognize the relation between the state and the citizens. Then we talk about the emergence of those two doctrines in the domain of Private Law especially in its principle branch which is Civil Law. In addition to that , we set up the applications of the necessity and proportionality in Administrative Law which produced several theories about the obligation on all the administrative branches to consider those two doctrines in their activity to do their tasks.The second part of this study is devoted to conceptual meaning and the different applications of the necessity an proportionality in Criminal Law.In this part we talk in details on the criteria of the legislature to preserve the necessity and proportionality in the domain of criminalization and punishment. We explore some examples on the ways of the legislature to make a balance between the individual liberties and the public interest and the means of the legislature to reach such a balance.To make such a balance between the individual liberties and public interest , the legislature have a legislative discretion , but this discretion is different in its level according to the kinds of the rights which constricted by the criminal statute.We clarified that the legislative discretion in the domain of criminalization and punishment is subject to the judicial review.And the level of the judicial review on this discretion is not the same. There is a strict scrutiny on this discretion when the criminal legislation deal with a fundamental right or liberty , otherwise , there is a minimal scrutiny. We search for those levels of judicial review in the comparative courts , in France , Egypt , and the Iraqi Supreme court. After the Almighty God help us to finish this study , we concluded several results , and produced some proposals , hoping that they will be useful for our legislature to achieve the doctrine of necessity and the doctrine of proportionality in the domain of criminalization and punishment to preserve the criminal justice.

اثار النزاعات المسلحة على معاهدات حقوق الانسان : دراسة في اعمال لجنة القانون الدولي

اسم المؤلف: محمد عدنان علي زبر
اسم المشرف: عباس عبود عباس الخزرجي
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون الدولي الانساني
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: النجف
الصفحات الاولى:

اثر النظام الدولي الجديد تطبيق في نظام قانون حقوق الانسان : دراسة قانونية == The Effect Of New International System Application In Human Rights Law Legal Study

اسم المؤلف: حيدر ياسين طاهر حسن الياسري
اسم المشرف: مها محمد ايوب
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون الدولي الانساني
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: يعد موضوع اثر النظام الدولي الجديد في تطبيق قانون حقوق الانسان، من الموضوعات المهمة التي تستحق البحث بعناية واهتمام بالغين، حيث ان النظام المذكور او ملامح هذا النظام - ان صح التعبير - انعكست بشكل واضح وجلي على تطبيق القاعدة القانونية الدولية بشكل عام، والقو | The subject of the impact of the new international order in the application of human rights law, one of the important issues that deserve search carefully and interesting, where the mentioned system or features of this system reflected in clear and obvious to apply the rule of international legal in general, and the rules relating to human rights in special, so we chose to go into ourselves, but in the midst of this topic, with its ambiguities. And we tried to determine the concept of the new international system, and its most important features or characteristics. So we didn’t found a definition objection to this system, every researcher or jurist look from his specialist corner, and the view may be economic, social or cultural or legal or political, as we have noted that the system of a temporary nature, and is led by a unipolar, with the rule of values and foreign concepts , and the decline of the role of the UN in the settlement of international disputes.The term New World Order found prominently at the end of 1991, after the disintegration of the former Soviet Union and the uniqueness of the United States as a single dominate the international relations, its dominance of the Security Council, control capabilities of the Organization of the United Nations, to harness the goals and principles of the United Nations and other rules of international law to their advantage, especially the stage of the balance of power and bipolarity are gone and replaced by unipolarityThere is also who denying the existence of a new international system in the legal sense of the word, and is considered a delusion is not the truth, has we agree with this point of view, where we are if we accept the existence of such a system, it entails the existence of new international legal rules, or a new international organization , or at least modified some of the provisions of the UN Charter, and such a thing did not happen at all. Then we show the impact of the new international system on some international legal concepts and the expansion of the concept, as human rights, humanitarian intervention, and the concept of sovereignty. That's where human rights and the interest in them is no longer a purely internal matter and interference in the domestic jurisdiction of states, but has become an international issue and concern to the entire international community, so that it became his duty to intervene in a moment that feels that a violation is long of human rights and fundamental freedoms. More than that, the UN Security Council links between human rights violations and threats to international peace and security as envisioned on Article 39 of the UN Charter. When humanitarian intervention has abounded practice especially by the major countries under the pretext of protecting human rights, noting that there are interventions illegally, mainly by the provisions of Article (2/7) of the UN Charter, which unapproved intervention in the internal affairs of States, under any pretext, except for the intervention of the UN Security Council as part of measures of repression by the provisions of Chapter Seven of the UN Charter, and the same thing has done for the rule that the expansion of the concept, and turned the rule absolute sovereignty to relative normal flexible sovereignty to respond to international changes.We dealt with the models of the human rights violations that have occurred in certain countries, and the intervention of the UN Security Council to issue decisions based on a lot of them to Chapter seven of the UN Charter, as is the case in connection with the Security Council resolution of NO. 688 (1991) against Iraq, and the UN Security Council resolution of violations of human rights in Kosovo, Bosnia and Herzegovina, Haiti and elsewhere.We reached to the result of research in this vital subject about in the international dangerous changes happened at the level of international relations, in the application of the rule of international legal, especially on human rights, and we concluded at the end of research to a conclusion included the most important results and necessary recommendations in order to achieve the research goals of scientific desired, and Allah of the intent behind.

فلسفة العقوبة في القضاء الجنائي الدولي == Philosophy of Punishment in The Criminal International Judgment

اسم المؤلف: احمد عبد الرزاق هضم نصيف المعيني
اسم المشرف: براء منذر كمال عبد اللطيف الطائي
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون الدولي الجنائي
الدرجة: دكتوراه
اللغة: العربية
مكان الجامعة: صلاح الدين
الصفحات الاولى:
المستخلص: نسعى في اطروحتنا الموسومة بـ ( فلسفة العقوبة في القضاء الجنائي الدولي ) الى تسليط الضوء على العقوبة الجنائية الدولية في اطار النظم الاساسية للمحاكم الجنائية الدولية التي نشات في ظل ظروف معينة عادة ما ترافق النزاعات المسلحة او تعقبها، والغاية من انشاء مثل | The peace, security and the stability of aims which have long prepossessed humankind ,after tasted the bitterness of horrors of war. and sight a lot of horrors thing and missed million of humankind. That they stood powerless in many cases for accountable the perpetrators of crimes that a companied those wars. Especially after that proved the inability of national judicial systems a counting for the perpetrators of such crimes whether because they are have a power in their respective countries ,or those that completely collapsed state it which hit its agencies including the judiciary completely paralyzed. And in order not to get away from a lot of punishment established by international criminal courts orders the trial to take such actions ,there courts have a national criminal laws. So to ensure that no one escape punishment, appeared the criminal international justice. But maturity it reached international criminal justice did not come from vacuum, its passed through several stages of evolution. And this evolution was a predicted and related with the evolution of intellectual humanity. The efforts of the jurisprudential and philosophical level of individual and collective backs a prominent role in these efforts and make it in executed. And the criminal international punishment its area of competence and discussed shared by all of the public international law and criminal law. The impact of this matter and directly involving them and make them in its aspects a characteristics of both privacy laws. The sanctions that the international courts apply it was the same that sanctions was apply by national courts, and aimed to fulfill the same purposes and functions that the national courts gone to fulfill it. So we will discuss this punishment dependent on the analytical method of the texts in the international criminal courts. And we are going to adopt the historical method in some historical aspects. So we will divide this study to a introduction and three chapters ,in the introduction we will study the most important preliminary stages undergone by the international criminal judiciary. So we will discuss in the first chapter the explore the concept of the international criminal punishment, we deal in this chapter the mean of punishment and the sources of it. While in the second chapter we will discuss the types of international criminal punishments. And the last chapter we will search to it the functions of the international criminal punishments ,that represented in three functions the first is public deterrence and the second is privet deterrence and the last is the justice of punishments. And at the end of study we reached to a results and a suggestions

التنظيم الدستوري لنشوء فكرة القانون في ظل دستور جمهورية العراق لسنة 2005 : دراسة مقارنة

اسم المؤلف: وليد خالد جالس الكريماوي
اسم المشرف: كاظم علي عباس الجنابي
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون الدستوري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:

مبادئ الموازنة العامة للدولة وتطبيقاتها في العراق : دراسة مقارنة == Principles Of The State Budget And Its Applications In Iraq A Comparative Study

اسم المؤلف: نور عدنان داخل الشمري
اسم المشرف: حيدر وهاب عبود العنزي
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: التشريعات المالية
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: The idea of the state budget idea is relatively recent , was not the general budget in the past as it is now , it has gone through the stages of the evolution of multiple , was the first phase , when the student members of the people, the ruling power , not to impose the tax only after the approval of the people or their representatives , and when he handed over the ruling power of this principle , asked the representatives of the people to watch spending tax revenues , and discuss the reasons for the imposition of the tax , and then go the people and their representatives to confirm their right to discuss the revenue all expenses all , and uses , and then struggled in order to be a report of tax and spending are League , was the general budget.So it was incumbent on the government to ensure the adoption of legislative power to the draft budget as a representative of the people and strives to maintain its interests , and what was the people's representatives of the blocks and the different political parties so multiple orientations differ with the government program, and sometimes agree with him at other times , leading the government to make changes in the sequence of priorities and projects in line with the orientations of these blocs and parties that have a majority that ensures authentication of people's representatives on the state budget , and here comes the role of the changing political reorientation of the public budget allocations and who is often away from the foundations of the financial and economic being designed to achieve electoral gains the future for those parties towards their constituents.Represents the state budget , at the present time , the basic document for the study of public finances , for any state , and occupied this study is an important aspect of financial studies , due to the evolution of the size of the general budget , and the growing impact on the balance of economic, social, political and financial.The budget of the states include recognition of public revenue and public expenditure, for a period to come, it is a financial plan for the state , designed to satisfy the needs of the public in light of the circumstances and goals of political , economic and financial - based society , it is a mirror that reflects the state activity and reflect on its role as the state cannot direct activity without spending cannot be spent without the revenue necessary for this purpose.Therefore, the study of the general budget, indicating that the procedures followed in the preparation and implementation of the general budget, reflecting the political and social system and the administrative state, also shows that the search in terms of the general budget shows the activities of the State Economic and objectives, as the study shows the effect of the factors and financial considerations of the state, and emphasizes the importance of the role played by public finance in the present eraAs the general budget planning tool for the future , the government is in the process of preparing the budget public take into account a range of important principles that guarantee prepared to the fullest picture of the fullest, also included the development of Activity executive power under the control of Parliament , but it is a result of the evolution of the concept of public finances and breadth of state activity has controversy raged among scholars about taking these principles or exit them , so that the concept is applied by conventional financial problems and generates economic and financial difficulties , which prompted the evolution of these principles and resulted in the exceptions to ensure their application in the preparation and the preparation of the general budgetThe problem with search according to those principles which leaves a clear impact in the general budget of the same in terms of Nacho preparation and voting upon the approval and implementation, which often Macon year or more different countries.In political terms, and as is known, there are reciprocal relationship between the political system and public finances, the authority is the ruling in a particular community, determine to a large degree the financial policy of the state, and the distribution of public expenditures and public revenues, between classes and strata of society different, are also affected by the financial public events and political unrest, Alaboukry hand, affect public finances in the political system through consolidation or reduction of the activities of the legislative power, as was the public finances and the financial pressures generated by, the reasons for the mothers of the revolutions in the world And contribute to the study and understanding of the principles of the budget to identify the administrative organization of the state, whether in the form of a federal or a uniform, and do follow the state highly centralized or decentralized system of government, and it affects all the modalities of control followed by the state to monitor the implementation of the general budget, infrastructure to invited us to select the subject of the principles of the state budget as the theme for this research.

انتخاب مجلس النواب في دستور (2005) العراقي : دراسة مقارنة == Parliamentary Election In The Year (2005) Comparative Study

اسم المؤلف: نعيم زوير محيسن الساعدي
اسم المشرف: كاظم علي عباس الجنابي
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون الدستوري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: There are differences between the citizens ,that came from their ethnic or classical societies or their parties , as well as their cultures or their thought or their psychological formatting and their advantages. Those advantages will be one unit and associated in one society , that the man has desire to belong to society to live , that he is social creative , His advantage to establish sustainable society and this needs authority to save those advantages. thus the authority must be established by the democracy and the definition of democracy Is the people rule themselves and the democracy had definite in the 17th century in Europe The democracy has three shapes * Directed Democracy , which is the people ruled themselves directly * The semi Directed Democracy , that be find representation boards to represent the people and the ruling by those boards.which return to the people when making decision * Representative democracy , which is establish on idea that this representative board making decision be hand the people. The democracy can be acted by election and choosing the Candidates to be representative to act the people in the parliament And the people can ask and rule the representatives Therefore , the democracy can keep the rights of the people specially the political rights. This regime gives grantee to the citizen to elect freely , and this right can't be done unless the freedom be grantee to all the people in general.The significance of this thesis The election operation must be formatted by three elements First : Voter , elector , is the most important one of them , that he is the reason for reaching the candidate to the parliament. Second : candidate , who has subjective conditions as the Egyptian or French legislators legislate. Third : the authority of the elections this authority must control the operation of the election. The problem of the thesis The operation of the election is not ideal on all levels and is not going by easy way in realty , because conflicted the interesting as to be collected the members who will make decisions and establish the main law of the state regime. Research MethodologyAs the election in Iraq is started in 2005 and associated with it some problems , we used the analytical method to write this thesis. and we compered it with Egypt and France and I give some results and comments. I will divided the study in the three chapters and after those I give Introductory chapter that talked about the political rights and it's kinds and the laws which ruled them. In the first chapter I had talked about the conditions of the voters and candidatesWhile the second chapter I talked the election operation and it's laws and the rules which organized it. In the third chapter I explained the appeal cases which are done in the special courts of the election included the election and Protest about the membership of the parliament also I had talked about the important results and the commend

الدور الرقابي للجان البرلمانية في دستور العراق 2005 == The Oversight Rol Of Parliamentary Committees In The Constitution Of Iraq

اسم المؤلف: لبنى عدنان يوسف الموسوي
اسم المشرف: سمير داود سلمان الدليمي
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون الدستوري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: Parliament is the political structure like other structure of the state and society ,it is the base which build on and which stands upon the state and its political system and it is the responsible about many operations the imporlance one is the Legislation for the person , society ,state and the control on government action because it is one of the imporlant lnstitutions to make change in the current situation and the way to change and update in the same time where is the guarantee for the completion and democracy as per of the frame of Constitutional.So the lraq and What is witnessing the vast amounts of challenges that require institutional building coherent and rational political performance, so the parliament should be one of the institutions which play an important role to face this challenges from build and Iineup and activities roles that so imporlant and one of them the active role specially in regulatory area the subject of our research.So we deal with in our subject the regulatory side for the parliamentary committees in the lraqi parliament Power conferred by the rules of procedure for the committees ln the exercise of their work and speeifieally in the parliamentary inquir^y through out' follow - up to the performance of these committees and their work we see that the Council that exercise the profession of the investigation by the Commission either permanent or private it will done when its mission done or from Joint committees from many committees.The guided in our precedents and traditions of each of the systems comparison (UK, France ,USA, Egypt) because of their large role tn establishing principles and controls that goes by the Board and its committees where is one of the sources ruling in the padiamentary for his role in both the regulatory and legislative where is characterized by stability and continuity where is the prove for parliamentary work well so it is the result of free and realism parlicipation for the parliamentary and council members as especially ln practice committees in their work in the past is the base of the present and from the experiences of the present we will see the future.Through our research we came to propose several solutions for astrong parliament ,strong committees , the most important amendment provisions of the rules of procedure of the Law on the Council of Representatives of lraq NO.50 year 2007 amended by the law NO.23 year 2010,with adding supplementary texts and detailed to explain the mechanism of action of these committees and determine the percentage of representation of pafties within it Gives a role for the minority party in parliament and the need to specify a time limit for these committees to submit their reports and regulate many aspects of the procedures ln practice for the investigation in order to avoid the reasons that less than effective to avoid the shortcomings and deficiencies in performance Because those texts are the most imporlant organs of the Organization of the work of parliament which represents the people in all aspects of life and supports the foundations of democracy.

الطعن تمييزا باحكام القضاء الاداري في العراق == Cessation Appeal In Administrative Judiciary Rules In Iraq

اسم المؤلف: فرح جهاد عبد السلام
اسم المشرف: حنان محمد مطلك القيسي
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون الاداري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: The emergence of the Administrative Judiciary in the modern era has prominent importance and important branch that ought to be included by the judicial system; Because it has super ability to understand and checking the nature of ties of public law, and its watching for the legitimacy of administrative work to investigate whether it follow the law or not and meeting legitimacy through complete commitment of public administration with the law regarding its behavior; since considering the law as secured asylum for individual in saving their rights and freedom towards the administrative behavior that affect it and break it sometimes. But the judgments by the administrative judiciary can be mistaken, because judges are human beings that do mistakes by nature; that is why the legislator in states that has dual judiciary system has to find an institution taking care of observation over the issued judgments by the administrative judiciary courts; The Iraqi legislator copied the example of states that has the administrative judiciary after its shift from adapting the unified judiciary system and joining the state of administrative judiciary when issued the law number (106) for the year 1989; that has established for the appealing against judgments of administrative judiciary granting it to the public institution of state consultative council to observe, after receiving the appealing, public discipline council judgments and administrative judiciary court to be sure and investigate that their issued judgment or decision meet the law. Therefore if it found out that the administrative judiciary court has rightly met the law then certifies its judgment otherwise oppose it if there any reason for that according to the law; hence its role is to decide in the legality of appealed judgments. The Iraqi legislator granted appealing against the administrative judiciary judgments since joining the state that follow the administrative judiciary in 1989, until the issuing the law of fifth amendment of State Consultative Council number (65) in 1997, to different judiciary institutions.When the law number (106) in 1989 issued and the second amendment of the law of State Consultative Council number (65) in 1997, the mission of deciding about appealing against all of the administrative judiciary court was authorized to the public institution of the council. Later on, the legislator seized part of its mission regarding reviewing gaving it to the supreme federal court according to its law, to decide, in addition to its duties, regarding administrative judiciary court judgments, while reviewing appealing against public discipline council judgments is left to the public authority of State Consultative Council; Resulting in emergence a problematic of contrast or dispute between administrative judiciary court and public discipline council. When the Iraqi legislator issued the law number (17) in 2013 and the fifth amendment of the state consultative council law no. (65) in 1979 text on establish new institution added to other formations of consultative council law which is super administrative court, that authorized to look at appealing against all of employee judicial court - public discipline council - and administrative judicial court, approaching its the example of administrative judiciary states in France and Egypt that practice deciding the appealing regarding issued judgments by administrative courts that authorized supreme administrative court in state council in France and Egypt; Thus returning the authorization to the administrative judiciary regarding appealing against judgments and decisions of administrative judiciary court. As for the research plan we decided to search the topic by giving preparatory introduction stating the establishing of the administrative judiciary in Iraq. We divided our thesis to three chapters : chapter one stated the concept of appealing and the authorized institution that study the appealing towards administrative judgments in Iraq in two sections : the first assigned to state the concept of appealing while the second discussed the authorized institution to study the appealing towards administrative judiciary judgments in Iraq; As for chapter two assigned to explain administrative judiciary judgments that can be appealable in two sections : the first section explained the authority of employee judiciary court. As for the third chapter we have stated the public judgments for appealing against the administrative judiciary judgments in Iraq in two sections : the first studied the procedures of appealing at supreme administrative court while the second one assigned to explain the results of appealing.

مبدا توازن السلطات في النظام البرلماني : دراسة مقارنة == The Principles Of Authorities Balance In Parliament Regime Comparing Study

اسم المؤلف: فاطمة الزهراء البتول عبد الواحد خميس
اسم المشرف: كاظم علي عباس الجنابي
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون الدستوري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: مثل النظام البرلماني احد اهم التطورات التي لحقت الانظمة السياسية وحقق استقرارا سياسيا باعتماده المبدا المرن للفصل بين السلطات وتمثيلا حقيقيا للارادة الشعبية التي تقوم عليها الفكرة الديمقراطية، ولهذا فقد حقق هذا النظام نجاحا منقطع النظير في كثير من دول | Parliamentary system is one of the main developments that have sustained political systems and achieved political stability by adopting the principle of separation powers and truly representative of the will of the people upon which the idea of democracy is depend on. This system has made a huge success in many countries of the world as well as the cradle of growing up in Britain, and affected by the tremendous success achieved , this system were adopted for the first time in Iraq, under the Constitution of 1925 and achieved relative success , as was adopted again in the 2005 Constitution , which lay the foundations of this system and adopted an approach in the management of the Iraqi state. Due to recent parliamentary experience in Iraq under the Constitution of 2005 , it was chosen as subject of this study in order to explore grounds on which it is based and the efficacy in practice - by using analytical approach in comparison with the Parliamentary system in the United Kingdom.The requirements analytical study the necessitated dividing this thesis to two chapters preceded preliminary Section that dealt with the theoretical basis of the parliamentary system in terms of its origins and its evolution and its institutions. In first chapter I handled the principle of balance on which the parliamentary system is depend on and means used by the legislative and executive authority. In the second chapter, principle of balance has been put into practice in the Constitution of 1925 and of 2005.The thesis has been concluded with a summary of the most important findings reached by the study in light of the analysis approach, which followed with categorize the details to the general principles in the parliamentary system , including the disruption of real balance between the ministry and parliament by withholding authority to propose draft laws from Parliament and grant it to the executive authority making the parliament depends, in its legislative function, depend on the initiative of the executive authority ( government) which should be granted to the parliament and government as well.In addition to that , it is noted that public's awareness of the idea of democracy is so weak which allows Government to exercise strong control over the parliament, therefore the Parliament couldn’t practice its role in monitoring Government, which needs to be comprehensive awareness as well as experience gained by the ongoing practices of voting and electing.

البيوع في سوق الاوراق المالية بين الشريعة والقانون العراقي

اسم المؤلف: عمر مخلف عبد
اسم المشرف: عادل ناصر حسين الجميلي
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون المدني
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:

الاعلان التجاري المقارن : دراسة قانونية مقارنة == Compartive Commercial Advertisement Comparisim Legal Study

اسم المؤلف: عبد الواحد حمد واحد الحسيني
اسم المشرف: جعفر كاظم جبر
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون التجاري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: The world recently witnessed great economic development in most of world countries and it has happened great and various expansion in production. All that happens as a result of the amazing advancement in research, science, and modern technology aspects that totally leads to increase of quantities and qualities of goods and services that abound in the markets.As a result of that industrial and productive development there was a need to the media to largely contact customers in order to largely numerate advantages of produced goods and services and its characteristics particularly the demand and organize it towards these products, increase individuals' purchasing power for their needs and attempt of every advertiser in attracting the biggest number of customers to buy its products and services. With the development of means of commercials such as journalism, broadcasting, television and so forth it has been looked to the commercial as an important source of income; where private companies established for commercials and has established a foothold among the most important occupations that lead to the promotion of goods and services; the commercials has occupied markets and created actual revolution in the systems for selling and promotion; and became an unavoidable necessity in the economic system in the market.With time a special type of these commercials came to existence, that is, the comparative commercial advertisement that passed through steps of hesitation towards his legitimacy; the French judiciary has hesitated in many of its decisions to licensing this commercial; after this long hesitation, code or record of French consumption is issued with number (949) on January 18, 1993 that considered the borderline for its legitimacy, particularly the article number (121) through which the commercial is defined, stated the most important of its legitimated types and identified its elements and all characteristics; in addition some legislations has differed or disagreed about its legal nature as being obligatory became held by the contract and arrange its effects or it is an invitation for negotiation and does not reach the status of obligation; in addition, it has been recognized from its many similar situations that has common factor when each of them considers a means of media for the customer regarding the realty of mentioned information about the goods and services; this article also had put with it the legitimacy conditions of that comparative advertisement; that conditions included objective and formal conditions; the objective conditions some of it general that related to all advertisements and others limited to the comparative advertisements and related to products and prices; while the formal conditions some of it related to advertisement tools and others related to procedures that precede broadcasting that advertisement. Among other effects of the comparative commercial advertisement is the existence of rights and obligations affecting on all its parties; these rights differ from party to another according to each one's legal status and limits of responsibility.As a result of absence of special law in the Iraqi and Egyptian legislation that responsible to organize that advertisement it resorts to the general rules in the civilian responsibility in providing individual protection means where the consumer has the right in suing for implement contract obligation or Suit deceiving with injustice because of the defect against its will or the request for compensation in case of his disability in proving the former two suits; the merchant who lost his trade has the right as well, according to the general rules in civilian responsibility, to complain against the advertiser with accusation of illegitimate competition to compensate its damages. Going back to some comparative legislations, we can find that there are other means of collective civilian protection that provided by these legislations to the loser in case of failing of individual means in achieving enough protection to him; these means can be identified by claims of Associations of protecting consumers that specialized in protecting consumers and claims of professional syndicates that specialized for merchants who are members of a professional syndicate.

حماية اقلية المساهمين في الشركات المساهمة وفق قانون الشركات العراقي : دراسة قانونية مقارنة == Protection Of Minority Shareholders In Joint Stock Companies In Accordance With The Iraqi Companies Act Comparative Legal Study

اسم المؤلف: عباس عبادي نعمة فاضل القرة غولي
اسم المشرف: علي فوزي ابراهيم الموسوي
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون التجاري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: عرضت هذه الدراسة حماية اقلية المساهمين من القرارات التعسفية الصادرة عن اغلبية المساهمين في الشركات المساهمة في ضوء قانون الشركات العراقي النافذ رقم (21) لسنة (1997م) المعدل، مع الاخذ بالحسبان التعديلات التي طرات على هذا القانون بموجب امر سلطة الائتلاف ال | This study deals with the protection of minority of shareholders in the arbitrary decisions of the majority shareholders in joint stock companies in the light of the Iraqi Companies Act in force No. (21) for the year (1997) amended , taking into account adjustments made to this law under the Coalition Provisional Authority and defunct number (64) for the year (2004) compared with the Egyptian and French laws and some Arab laws. Since the protection of the minority in the face of the oppression of the majority in the shareholding companies is extremely important as it provide a true balance of the structure of the company by giving shareholders the required powers to conduct the management of the company as that achieved with success on the one hand, and by using of the majority of its way to harm the other shareholders in the company on the other hand, we have studied some of what it has been written on this subject , analyzing and extracting the fundamental concepts and principles related to the study ,recording of comments and discuss the doctrinal views and analysis of legal texts. It has been addressing the subject of the study through three seasons whereas as mean of clarifying and defining of a minority of shareholders in joint stock companies in terms of the definition and we have clarified its role in the management of the company and showing the legal status of the shareholder in the company as well as we explained the characteristics of minority shareholders as well as to clarify the distinction between the minority shareholders and shareholders passive on two demands and then showing the arbitrariness of the majority of shareholders in joint stock companies in three topics we dealt with in the first such arbitrariness in the decisions of the majority of shareholders, either second topic dealt samples of arbitrariness of the majority of shareholders in the company, which harm the interests of minority and relate these arbitrarily decisions majority in fledgling companies or arbitrariness when increase the capital of the joint - stock company or when adding profits to the reserves or when merging company to contribute to another, under the decision of a majority or when trading stocks and transfer of ownership between shareholders first non Although the right of the owner of the stock in the trading and transmission of ownership through the stock market, but there are legal restrictions or regulatory limit the freedom of circulation, but this should not be up to the extent of those restrictions confiscation of freedom of the shareholder to dispose of their shares otherwise it was illegal and discussed in the abuse of power in the Board of Directors of the company and contribute to its impact on the rights of the minority shareholder.To find out the ways and mechanisms to protect this category of shareholders , we have been showed in the third chapter whereas we showed legislative means to protect minority shareholders, both those that are located within the Public Authority for the shareholders of the right of access to company documents and records, or those located outside the body of the role of the auditor in the protection of minority and inspection companies. Besides that there are other means of recourse to its minority to protect itself and its failure to arbitrary decisions adverse effects of the right and is in the interest of the company as a criterion for judicial intervention in restoring balance between classes of shareholders in the company as one of the most important judicial means which help to protect the minority as well as a showing received such means in law firms because of their importance in protecting the minority, including the right to veto the decisions of the General Assembly and to claim compensation or to apply to the courts to resolve the company's deficit at an advanced means of protection for the previous majority abusive. Then we will discuss also the role of corporate governance in providing the necessary framework and appropriate that protection of minority shareholder through showing the principles of the five global positions of comparative legislation which, because of this role of importance in maintaining the balance between classes of shareholders in companies and then reflected positively on the company's success and progress in the middle commercial. We ask God Almighty that we have been successful in reaching this study to the desired scientific interest.

تنازع الاختصاص بين السلطة المركزية والسلطات اللامركزية : دراسة مقارنة == Conflactive Between Centerul Athourity And Uncenterul Athourites Comparative Study

اسم المؤلف: عادل حنين عبد الله الزيدي
اسم المشرف: علي احمد حسن اللهيبي
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون الاداري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: تناولنا في هذه الدراسة تنازع الاختصاص بين السلطة المركزية والسلطات اللامركزية في كل من الدولة الموحدة والدولة الاتحادية، وبينا فيها مفهوم السلطة المركزية ودلالاتها في الدولة الموحدة، وكيف انها تنصرف الى السلطة التنفيذية من دون غيرها من سلطات الدولة الا | We dealt with in this study conflicts of jurisdiction between the central authority and decentralized authorities in each of the unitary state and the Federal State , and Show us in which the concept of the central authority and its implications in the unified state , and how they go off to the executive branch without other state authorities , other ( legislative and judicial ) because of the growing role of power Executive and increasing its involvement in all activities of life , versus the limited role of the legislature and the judiciary , are almost exclusively in the legislation of laws and oversight - for the legislature , and the application of the law on conflicts - for the judicial authority. While the concept of going out of the central authority in the federal state to the three authorities ( legislative , executive and judicial ) , called the federal authorities to distinguish it from the three regional authorities. As for the concept of decentralized powers It differs as well as in the unified state than in the federal state because of the different nature of each of them , in the unified state , which is characterized by unity of power and lack of fragmentation , where the legislative and executive powers and judicial works according to the principle of separation of powers within the scope of a single state , but it does not mean the central absolute , which has become almost impossible , which means that the adoption of a method of decentralization has become a must for the executive power as a result of widening its role as we have said , which means that there are powers decentralized shared administrative function with the executive branch and called authorities, administrative decentralization which takes one of two forms two cabtial decentralization and regional decentralization , and the latter is the focus of the study , which was in its relationship with the central authority because of the capacity of its powers and the degree of its independence as a result of being elected by the local population. The differing nature and the concept of the central authorities and the decentralized authorities in each of the unitary state and the State Federation , lead - of course - to the difference in the nature of the conflict of jurisdiction between the authorities in both countries , where shown that conflicts of jurisdiction between the central authority and decentralized authorities in the unified state almost exclusively on the side of the functions of the executive branch and is the administrative function , while extending conflict of jurisdiction between the central authority ( federal authorities ) and decentralized authorities ( regions) to include the terms of reference of legislative , executive and judicial , and this in turn leads to the different nature and ways to solve the problems of conflict of jurisdiction in each of the unitary state and the state Federation - depending on the nature of the conflict and the parties to the conflict , in the unified state under chapter in the conflict of jurisdiction by the competent court , which is the ordinary courts - in states that adopt the judicial system uniform - and the administrative court in states that have adopted the system, eliminating the double - while being chapter in the conflict of jurisdiction between the federal authorities and regions in the federal state , by the judiciary and the constitutional goal of the highest judicial authority in the federal state which the Federal Supreme Court. But we do not luck and through the study that the Constitution of the Republic of Iraq for the year 2005 has adopted two Mata two different natures and two systems of administrative decentralization and political decentralization at once , which means overlap in the terms of reference and powers , and for conflict is inevitable between these authorities , calls the multiplicity of ways to solve and resolution , and that the Constitution has brushed turn strange when entrusted the task of resolving conflicts of jurisdiction between the central governorates not organized province , and between the federal authorities and regions - to the Federal Supreme Court , despite the obvious difference between the systematic decentralization of administrative and political decentralization , and the consequent outcomes and impacts.In addition to the judicial ways to solve the problem of conflict of jurisdiction between the central authority and decentralized authorities - both in the unified state or federal , show us the existence of other ways to resolve and settle the disputes and differences between these authorities - differ as well as the nature of the state, where the methods of management in the unified state , as a result logical nature of the conflict , while the methods of political and non - political in the federal state , depending on the nature of the federal system and the required of the development of solutions and treatments to ensure the continuity and sustainability of the system.May have walked through research method analytical study of comparison, by analyzing the provisions of the constitutions and laws of matter in more Be state whether standardized or federal whenever possible , strictly speaking of which stand on the experiences of these countries in the distribution of specialties and solving problems of conflict on these terms of reference , with the extent of the differences in attitudes and legislation of these countries , whether through judicial decisions or legislative texts. The study concluded that the most important conclusion Pena our findings , and the proposals that we consider necessary to address these findings.It is God's help and draw strength.

السلطة التنفيذية في الانظمة البرلمانية : دراسة مقارنة == The Executive Power In The Parliamentary Systems Comparative Study

اسم المؤلف: ضياء كامل كزار الساعدي
اسم المشرف: كاظم علي عباس الجنابي
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون الدستوري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: Despite the emergence and spread of the principle of separation of powers , the concept of concentration and separation of powers, the public still exists when considering the types of political systems in the world, became a division of political systems to the councilor system, presidential system and the parliamentary system is based on conditioning the relationship between the public authorities in the state.The parliamentary system more democratic regimes and more correct in the application of the principle of separation of powers , as it is based on the separation of powers and with a degree of cooperation and mutual supervision among them.And that the parliamentary system was not created by theory depend on logic purely, it is a system grew up in England as a result of the events and traditions of its own, has gone through several phases until completed pillars of the duality of the executive branch and the relative separation of powers, and became the executive power under a parliamentary system based on the presence of the head of state has not authorized the actual powers of judgment because of not being political responsibility , and the Ministry responsible is the owner of the inherent jurisdiction to direct the affairs of government, with the executive power and the balance to cooperate with the legislative authority.The success of the parliamentary system in England , to spread to most part of the countries either by tradition or by colonialism , and what was the parliamentary system has starch in England as a result of the events and traditions of their own and that the parliamentary system is not a matter of the Constitution only , but basically building a social and political creation evolution Historically, it is no surprise that dealt with the revision and is subject to appropriate if I want to apply it in other countries, depending on the different circumstances and traditions , so we see that from these countries brought about developments deep in the parliamentary system , as it has worked to strengthen the executive power even surpassed the legislative authority and thus upset the balance in favor the executive power , but within the executive power itself has worked to strengthen the role of the head of state at the expense of the role of the ministry and so disturbed system dual executive power in favor of the head of state , and in this direction came from these countries the traditional image of the parliamentary system to a sophisticated image unconventional.And the importance of the site occupied by the executive power compared to other state authorities , because of the breadth of functions and inflated role at the expense of Parliament in the conduct of the affairs of government in the state and which has become taken for granted in today's world , we have studied and stand on the rules organized under the parliamentary system in both forms traditional and non - traditional. And that the purpose of this study is to state the foundations used by Iraqi constitutional legislator of the Iraqi constitution 2005 for organization of the executive power, and the disclosure of shortcomings in the rules of the organization 's constitutional authority of the executive and its impact on the political reality of Iraq , this is in addition to the extent of correlation between the constitutional provisions governing the status executive power and practice, and through comparison between the situation of the executive power between several parliamentary systems such as England and Lebanon according to the Constitution in 1926 and France according to the Constitution of 1958 and Egypt according to the Constitution of 1971. The study was divided (the executive power in parliamentary systems) to the introductory chapter and two main chapters and conclusion. Introductory chapter is divided on two researches : the first research to study the principle focus of the authorities , while the second research shall be for the study of the principle of separation of powers.Chapter one of the study of executive power in the traditional parliamentary system is divided on three researches : the first research deals with composition of the executive power in terms of how to choose both the head of state and the ministry, while the second research will be the terms of reference of the executive power and how they are distributed between the head of state and the ministry , and the third research is concerned with studying the responsibility of the executive power and that made a statement over political responsibility placed on each of the head of state and the ministry.Chapter two of the study of executive power in the nontraditional parliamentary system , and because of its unique kind of parliamentary systems of departure from the traditional foundations of the parliamentary system , will examine the development of the executive power which through two researches : the first research deals with examining upgrade the center of the and that a President of the Republic statement in the way chosen the terms of reference and the extent of his power in the face of the ministry , while the second r will research to study the power of the executive power in the face of parliament , through a statement The relationship between law and executive decision and the extent of responsibility of each of the President of the Republic and the Ministry.The study concludes with a conclusion include the most important of our findings and the most important recommendations that we propose on the executive branch under the parliamentary system, which was brought by the Constitution of the Republic of Iraq for the year 2005

السلطة التشريعية في النظام البرلماني في ضوء دستور جمهورية العراق لسنة 2005 : دراسة مقارنة == Legislative Authority In The Parliamentary System In The Light Of The Constitution Of Republic Of Iraq 2005 A Comparative Study

اسم المؤلف: شميم مزهر راضي الربيعي
اسم المشرف: كاظم علي عباس الجنابي
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون الدستوري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: تعد السلطة التشريعية اهم السلطات في الدولة نظرا لما تتمتع به من مكانة بين مؤسسات الدولة باعتبارها السلطة المختصة بتشريع القوانين في الدولة وهي السلطة التي تمثل الامة ، يتمتع السلطة التشريعية في النظام البرلماني بعدد من الاختصاصات فبالاضافة الى اختصاصها ب

الحكومة الائتلافية في ظل دستور العراق لعام 2005 : دراسة مقارنة == Coalition Government Under Iraq's 2005 Constitution : A Comparative Study

اسم المؤلف: شداد خليفة خزعل التميمي
اسم المشرف: سمير داود سلمان الدليمي
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون الدستوري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: Pave the topic : The vast majority of constitutions do not put an end to an officer or an educated guess the future of the proportion of seats that you get the competing lists in any kind of parliamentary elections, and then can not be any list or party to predict in advance the number of seats that will be obtained within the parliament, and whether Cetkfah these seats to play to form a government and then up to the helm of power or you may get a seat converts numbers between one seat to form a government, and the reason for this is that the Constitution puts the general rule for the type of election was only the direct secret ballot, and this is what was adopted by Iraq's constitution in force for the year leaving in 2005 to determine the number of seats to votes.There is also a constitutional texts focused on the necessity of the distribution of parliamentary seats under the pretext of the representation of all, this indicates the Shi it shows that the constitutional legislator has already predicted, and wanted to force the political parties that have entered the field of race to accept the other parties, even if they lower their importance, has won a seat or two seats, but they must lend a hand to the other parties to be able Bmeitha to achieve the required majority. Not to mention that social classes and cultural diversity and sometimes sectarian thought is could lead to heterogeneity within the parliament so the coalition government may be considered as one of the constitutional solutions that the political system may be off the hook completely legal vacuum and frequent formation of governments that may generate already dead not Asthsalha on confidence required by the members of parliament.The coalition government in Iraq, borne out of social reality and the large number of political parties that wish to participate in one way or another or to gain power and to enter the arena of political life. So it was incumbent upon the other parties to accept smaller parties however reluctantly in order to gain the confidence of Parliament.And Iraq are among the most Arab countries, which have seen shifts violent political events since the emergence of the modern Iraqi state in the twenties of the last century and up to the present has been to these transformations events as much as they relate to considerations of interests and policies, international and regional alliances on the one hand and the conflict or convergence of ideas and objectives of the parties various Iraqi political forces on the other hand, in how to manage the affairs of state raised included the overall aspects of life in Iraq, including the political aspects that can be expressed in terms of political effectiveness and political stability. Previous political experience has shown that there is a close between form followed the political system and the efficiency and stability of political Dolh.vfa Iraq relationship can identify a set of indicators by which the performance of successive political regimes measure the extent to which the effectiveness and stability of the politicians and the consequent economic and social progress, including that of the extent of success in the application of the rules of democracy and public freedoms and participation in governance and the peaceful transfer of power and dealing with the Kurdish issue and sectarian issue, including with regard to the quality of the foreign relations with regional and international Oceans.Importance of the study : The importance of research Ptsulaith to eat Iraq partisan composition of which reflected the social, cultural and religious reality and how it affected the political and constitutional approach to the formulation of legal frameworks and political practices and access to popular satisfaction expressed by the political parties of the Iraqi social Alaracah.valbeih consisted of different visions and different religious affiliation different components which reflected heavily on Iraqi society options during the election which led to the disparity in the electoral votes and the secretion of Parliament can say that he is not homogeneous did not get under which any list of the majority required to qualify for the formation of Aovernmh.kma lies the importance of the phenomenon of coalition governments have begun to spread not only Iraq, but in most countries of the world for reasons including the desire to engage the small parties and representation of all the components in order to reach a rational political decisions away from monopoly and domination or individual.The problem of the study : The real problem to the subject of the coalition government lies in the difficulty of finding a compromise formula for the party to attract the largest number of parliamentary seats, which makes it difficult to form a government many The seats scattered inside the parliamentary dome in Iraq, causing him to resort Some parties are forced to enter these seats within the list to be able to form a government and impose their will on these small seats as it does not pose a threat, and which benefited from a temporary stage. The parliamentary elections in Iraq has produced this fact, which called for the matter to the desire of the lists that did not reach the threshold required to form a government initiative to make concessions may amount to its election program in order to enter the largest number of seats to be able to form a government. As summarized study the problem in the elucidation of whether there was a relationship between the nature and form of applied in Iraq's political system on the one hand and efficiency and stability of the politicians on the other hand, or is there another form of political systems can be a better alternative, in the sense alternative that achieves the highest gains with minimal losses commensurate with the nature of Iraqi society combination.The study hypothesis : Consistent with the study, we presented a problem, we proceed from the strong hypothesis "that there is a positive relationship between the form of the system of government on the one hand and efficiency and stability of the politicians on the other hand in Iraq," in other words, that whenever government which will absorber for the combined nature of Iraqi society system whenever he was able to achieve political instability that followed internal stability of the year. Has demonstrated this hypothesis through history many models of global political systems that managed the advancement of society civilized advanced on the ruins of a number of religious, sectarian, political and social conflicts between groups with origins, religions and doctrines of different away from foreign interference, and this is what has been achieved in many countries such as India, which includes social vehicle lineup is very large, as well as the European communities that settled after the religious and ethnic conflicts and its example of France and Britain as well as the United States, which includes a mixture of different religions and ethnicities.The study methodology : Our study of this study as interference in the humanities field that legal studies comprising a part, has been the adoption of the descriptive approach to describe the phenomenon in question and study, as primarily been adopted comparative approach to compare the fact that the message title of a comparative study of models elected Arab countries or non - Arab, and as well as about it, the analytical nature of the study also so analytical method employed in the comparison and analysis. Plan or structure of the study : For the purpose of the study of the subject (the coalition government in Iraq under the Constitution of 2005) divided the study or divided into three chapters and a conclusion.Chapter I : devoted to the study of the coalition government : a theoretical framework, has been divided in three sections : specialize first section, the concept of the government and the coalition government, while the second section was dedicated to the study of the properties and elements of the formation of the coalition government, while the third section, consecrated for the emergence of coalition government .The second chapter was dedicated to the study of the formation of the coalition government requirements, and distributed to the three sections. We studied in the first part, the availability of a parliamentary political system political system as a condition for the formation of the coalition government, while the second section, handled constitutional provisions to help form a coalition government, while the third section, focused on the legal texts to help form a coalition government.Finally, Chapter III : Section two to two sections, the first section defines the nature of the political parties in Iraq after 9.4.2003, while addressing the second section, the political parties in Iraq and its role in the formation of the coalition government.In conclusion, the study conclusion that included the most important findings of the study with a set of recommendations.

اشهار افلاس الشركة واثره على الشركاء : دراسة تحليلية == Companies’ Bankruptcy And Its Effect On The Partners

اسم المؤلف: سيف رشيد لطيف
اسم المشرف: خالص نافع امين المهداوي
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون التجاري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: The main goal of our research is to study and discuss the commercial companies’ bankruptcy because it is a vital topic nowadays, besides its important effect on the partners as they are the essential core of the companies; thus our research will only focus on three stages of bankruptcy, The stage before declaring the bankruptcy, the stage after the bankruptcy and the stage after the bankruptcy over, besides discussing the laws and legal rules that handle the procedures of declaring companies’ bankruptcy after its conditions and reasons are available, and also the effects that bankruptcy leaves whether they concern the company or its creditors. Choosing the title (Companies’ Bankruptcy and Its effect on the Partners) obliges us to discuss this subject within three chapters preceded by an introductory chapter about the meaning of bankruptcy. We divided the introductory chapter into three sections where section one includes the historical development of the bankruptcy into three main points, the first point includes the early stages of bankruptcy as a commercial system the Roman Empire knew to ensure its control on the commercial life and also to protect commercial life from those who may want to mess it up, the second point includes the bankruptcy at the middle ages and how has this system moved from the Romanian law to the other laws like the French law especially after the commercial development that happened in France after its industrial revolution; and the types of difficulties that bankruptcy faced, the third point includes researching the bankruptcy in the Iraqi law and the comparative law and the early stages where it entered to those laws and its development to get to its current level today, then we move to section three which has been specified for studying bankruptcy concept and its criteria which has included two main points. The first point is specialized for defining the bankruptcy. The second point will be outlining the features of the bankruptcy which has distinguished it from another similar system which is the “civilian insolvency”. The third section was specialized for studying the companies’ bankruptcy conditions and its procedures under the title Declaration of bankruptcy where we divided this section into two points; the first point includes the objective and configurable conditions of bankruptcy in order to avoid opposition to the decision to bankruptcy order, whereas the second point includes the bankruptcy procedures which is concerned with the people who are managing the bankruptcy and the process of hiring them, and also studying the nature of their jobs and the results that will come out of their works in whether to continue the bankruptcy or to stop it. A commercial company Bankruptcy declaration goes through several stages. The stage before declaring the bankruptcy which is the period where the company stops paying its commercial debts, although we can’t incline to the stage of not paying the debts or what is known as the suspicion period until the declaration of the company bankruptcy; we have a special chapter for it, which is the first chapter in order to discuss this period in details where we divided that chapter into three sections. The first section includes the concept of the suspicion period which has been divided into two points, where the first point defines the suspicion period and the second point discusses the legal value of this period through discussing the justifications of the Iraqi legislator and the Iraqi comparative to put this period. Then we move to the second section which is specialized for discussing the period where the company stops paying its commercial debts as it is the period where the company becomes under the suspicion of the legislative, and we have divided this section into two main points where the first point focuses on the concept of not paying the debts and the components of this concept, the second point focuses on how to prove the company stopping payment its debts and also the authority of the court in estimating and evaluating the breakdown after its review to the events which will be taking in consideration in determining the breakdown case. The third section is concerned with the company's behavior during the period of not paying the debts and the legal effect on those behaviors, this section includes three main points; the first point discusses the non - expiry possibility of the company behaviors through determining its concept and conditions and also determining the non - through behaviors and the effect of the bankruptcy on those behaviors. Point three discusses the permissible non - judging law to determine its conditions and also the included behaviors, then the effects of the bankruptcy declaration on it; this point ends with discussing non - judging law of the material insurances which the company does during the suspicion period through discussing the conditions of its non - judging laws and also the effects of the non - judging laws on those insurances. Then we move to the second chapter where we discuss the effects of the bankruptcy on the partners whether those effects belong to the company itself or to the creditors. This chapter includes three sections; the first section is specified for studying the effects of the company itself, through the second section we discuss the effects of the bankruptcy on the partners throughout showing the effect of the bankruptcy on the partners despite the company type whether it is a personnel company or funds company, then showing the effects of the partners in the companies that have the special nature which means the companies that gives the partners the merchant title. In section three we discuss the effects of the bankruptcy on the managers and the management council members of the company through studying the responsibility that resulted out of their management especially in those companies which has no limited number of partners, our research in this topic focuses on specifying the kind of responsibility that the managers or the management council members have through studying the conditions of their responsibilities and also determining the sanctions that would lie on those individuals who run this company, also showing the effectiveness of the bankruptcy rules in handling the managers or management council members responsibilities in the Iraqi law or the comparative law. The second section is specified for the company's creditors; in the first point of this section we discuss the ordinary creditors of the company as the law lays certain legal and financial effects on the company's bankruptcy declaration because the company creditors should be organized in one committee called the creditors group represented by the bankruptcy secretary at the very beginning of declaring the bankruptcy. The second point focuses on the effects of the bankruptcy on the creditors who have privileges whom their credits gave the priority to be paid back whether this is a general or special privilege coming from a property or funding. In section three we discuss the effects of the rights which may be held against the group of the creditors, this group is third party group that the company deals with under future paid contracts, and have discussed the rights of this group by Solitary or termination or retrieval. In chapter three we discuss the ending of the company's bankruptcy and its effect on the partners of the commercial company. This chapter includes three sections, the first section focuses on the ending of the benefits of the creditors group and also the necessary conditions for ending the bankruptcy. The second section focuses on the company's reconciliation with the creditors, as we discussed this mater in two points; where the first point focuses on the judicial reconciliation and the second point focuses on the company reconciliation where the company leaves its debts which comes through the judicial reconciliation but it is deferent from it by the, the company will have to undertake that it leaves the debts for the sake of ending its bankruptcy. In section three we discuss the creditors union as a way of ending the company's bankruptcy. This section has two main points; the first point discusses the meaning of the union and the ways of forming it, and the second point discusses the procedures of the union and its ending which has included several activities represented by continuing operating trade and to winding up endings of the company property, then depositing that money in order to distribute it to the creditors in order to end the union

التنظيم القانوني للفصل السياسي في العراق : دراسة مقارنة == Legal Regulation Of Political Dismissal In Iraq : Comparative Stud

اسم المؤلف: سلمى غضبان المعموري
اسم المشرف: حنان محمد مطلك القيسي
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون الاداري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: يعد الموظف العام وسيلة الدولة في ممارسة نشاطها والقيام بواجباتها تجاه رعاياها، فالدولة لا تتصرف ا الا من خلال موظفيها والعامليين لديها في المرافق العامة، لذا فان الاهتمام بالموظف العام تنعكس اثاره سلبا وايجابا على الدولة اذ ا، ومرافقها ان من الحقائق المعت | The public employee considered the state's tool in performing its activities and doing its duties towards its subjects; the state cannot perform its duties without its employees and workers; therefore taking care of the public employee reflects negative and positive outcomes on the state and its institutions; Because the facts recognized that the ability and the efficacy of the government institution in performing its duties decided by the quality of the elements that run it and working within it; may be this fact that has led to the big development of the administration perspective towards considering the human factor as the fundamental pillar for production.The subject of fired employees for political reasons considers among issues that affect on the public employment and in result on the work of the public institutions; where it becomes of concern for a broad group of employees that were fired. This group was dismissed from its jobs for flimsy reasons and irrelevant to the reasons of punishment at all; but the reason of their firing is a right among other rights that guaranteed by the constitution; that is the freedom of the employee to express his/her opinion and adopting his believed dogma.It was not possible to find out about this but through changing of the political regime such as in Iraq; that was when the Iraqi legislator issued the forced law of fired employees for political reasons; it is possible to find out about this law by finding or not if the Iraqi legislator in his forced law of fired employees for political reasons was successful in compensate those who fired part of their lost rights during the years of firing.As we are trying to search through the issue of political firing to clarify whether or not the administration has the right to fire the employees and forcing them to leave their jobs, which consider one of the most important rights that guaranteed by the constitution; As well as the confiscates of administration to the employee's right to express his/her opinion and freedom to hold faith that pleases him/her; and force its employees to join its ruling party or doctrine; Is disproval of the administration of the employees affiliation with their dogma and doctrine can be considered enough reason to question, punish and fire the employees?; in addition knowing how the legislator could handling the law of political fire and eliminate the injustice of administration in firing its employees and dismissing away from their jobs?Based on the previous, we divided this subject to introduction, the three chapters and summary and as follows : 1 - As we deal in the Introductory chapter with the definition of the political firing, by dividing this chapter to two sections : sections one searched in the meaning of the Political Firing while sections two was limited to differentiate between the political firing from the mixture with other systems that can end the employment ties;2 - The first chapter deals with the cases of political firing by dividing it to three sections : the first section searched in leaving the job or resignation for political or doctrine or racial; the second section studied the end of employment as result of withdrawing nationality from an employee or difficulty of starting the job; the third section deals with referring the employee to the retirement before reachingthe legal age for retirement for political, doctrine or racial reasons and3 - The two chapter deals with the outcomes of considering firing as political firing in two sections : section one studies the returning to the employment while the second section searched in the rights and privileges of fired employee for political reasons.
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