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التنظيم القانوني لادارة مخاطر القروض المصرفية : دراسة مقارنة == THE LEGAL REGULATION FOR THE MANAGEMENT OF BANK LOANS RISK COMPARATIVE STUDY

Author name: محمود شاكر ارحيم
Supervisor name: ذكرى محمد حسين الياسين
General topic: Law
Specific topic: Commercial Law
Degree: Master
University: University of Babylon - Faculty Of Law - Department Of Private Law
Language: Arabic
University location: Babylon
First pages:
Abstract: تعد القروض المصرفية احد صور الائتمان المباشر وهو توفير قدر من السيولة النقدية الى الزبون والذي من صوره ايضا الاعتماد المالي وخصم الاوراق التجارية ، اما النوع الثاني وفيه يتدخل المصرف لتوفير الامان للمتعامل مع الزبون بان يتعهد له المصرف بضمان اداء الدين الذي يشغل ذمة الزبون ويطلق عليه بالائتمان غير المباشر ومن صوره خطاب الضمان والاعتماد المستندي . وللقروض المصرفية انواع ثلاثة ، وهي : القروض قصيرة الاجل ، والقروض متوسطة الاجل ، والقروض طويلة الاجل . ولا تظهر اهمية عملية ادارة المخاطر بشكل واضح الا في القروض متوسطة او طويلة الاجل ، لان المخاطر تزداد كلما ازدادت مدة القرض ؛ لذلك فان ادارة المخاطر هي جميع العمليات والاجراءات السابقة او اللاحقة لتحقق مخاطر القروض المصرفية ، والتي تقوم بها الجهة المختصة في المصرف لتجنب او الحد من الخسائر التي تسببها هذه المخاطر . وتنشا مخاطر القروض اما بسبب الزبون نتيجة لنكوله عن تسديد مبلغ القرض ومستحقاته فتسمى مخاطر النكول ، او بسبب المصرف نفسه نتيجة لعدم تنويعه لمحفظة قروضه فتسمى مخاطر التركز ، او بسبب المصرف والزبون معا وتمس نشاط الزبون ومشروعه وتسمى مخاطر المشروع . وتؤثر في نوع المخاطر كما ونوعا اربعة عناصر ، وهي : الزبون ، والمصرف ، والقرض ، والظروف الاقتصادية . وتلعب الجهات التي تتولى الرقابة والاشراف على ادارة مخاطر القروض المصرفية دورا كبيرا اذ انها تهدف الى التاكد من المركز المالي لكل مصرف ، ومراقبة وتوجيه الائتمان المصرفي كما ونوعا ، والعمل على حماية اموال المودعين وحماية حقوق المساهمين ، والتاكد من سلامة الجهاز المصرفي واستجابته مع متطلبات النمو الاقتصادي ، كما ان نوع هذه الرقابة يختلف باختلاف الجهة التي تمارسها بالنسبة للمصرف فتقسم الى جهات داخلية وجهات خارجية ، وتختلف الجهات الداخلية التي تقوم جبالرقابة عن الجهات الخارجية ، فالجهات الداخلية تتمثل : بمجلس ادارة المصرف ، ولجنة التدقيق الداخلي ، ولجنة ادارة المخاطر ، واخيرا المساهمون . اما فيما يخص الجهات الخارجية فتتجلى : بالبنك المركزي ، والمراجع الخارجي ، وزبائن المصرف . ويترتب على عاتق المصرف بهدف ادارة مخاطر قروضه عدة واجبات ، وتتمثل بمرحلتين : المرحلة الاولى قبل منح القرض يجب عليه الاستعلام عن زبونه وملاءته المالية والضمانات المقدمة من قبله وملائمة شروط القرض مع الستراتيجية المتبعة في المصرف ، المرحلة الثانية بعد منحه للقرض فعليه متابعة الاخير ويعد الاستعلام والمتابعة من وسائل تجنب مخاطر القروض المصرفية ، واخيرا ادارة مخاطر القرض عند تحققها ، والتي تتمثل باستخدام وسائل لمواجهة هذه المخاطر فهي اما للتخفيف منها باستخدام وسائل متعددة من اهمها الضمانات المقدمة من قبل الزبون ، او لتحويلها الى الغير وهي التامين على القروض وتسنيد هذه القروض واستخدام عقود المشتقات المالية. اما احكام تحقق مخاطر القروض المصرفية فهي تختلف من حيث الجهة التي تؤثر فيها فقد تؤثر على زبائن المصرف ودائنيهم من المودعين والمقترضين ، فهنا تتحقق مسؤولية المصرف المدنية ، او قد تؤثر على المصرف نفسه مما يؤدي الى فرض نظام الوصاية عليه او وضعه تحت الحراسة القضائية تمهيدا لشهر افلاسه وتصفيته من قبل الحارس القضائي | longer bank loans a direct credit fence, which provide a measure of liquidity to the customer and that of an image also financial dependence and discount commercial paper , while the second type , which interfere with the bank to provide safety to the customer with the customer that vows to his bank to guarantee the performance of the debt , who is edema customer called credit and indirect forms the letter of guarantee and documentary credit . Banking and loans of three types , namely : short - term loans and medium - term loans and long - term loan . and the importance of risk management process is clearly shown only in the medium loans or long - term , because the risk increases as the increased length of the loan ; so the risk management are all processes and previous procedures or subsequent to check the risk of bank loans , and carried out by the competent authority in the bank to avoid or reduce the losses caused by these risks . And originate loans risk either because of the customer as a result of Nkolh to repay the loan amount and the dues are called risks to withdraw from , or because of the same bank as a result of lack of diversification of its loan portfolio is called concentration risk , or because of the bank and the customer together and affect customer activity and legitimate and called the project risks . and affect the type of risk as the quality and quantity Four Elements It , is : the customer , the bank , the loan , and economic conditions . And play the authorities charged with monitoring and supervision to bank loans risk management a major role , as it aims to ensure financial position of each bank , and control of bank credit and guidance of quantity and quality , and work to protect the funds of the depositors and the protection of shareholders' rights , and ensure the safety of the banking system and its response with the requirements of economic growth , and the type of this control varies depending on who exercised for the bank should be divided to foreign destinations internal views , and different internal parties conducting oversight for third parties , AValjhat Interior The Council of management of the bank , the Committee for Internal Audit , Risk Management Committee , and finally the shareholders . either with respect to third parties Vtaatgely the central bank's , external auditor , and customers of the bank. It follows the responsibility of the bank in order to risk loans several management duties , and is two stages : before granting the loan must be queried for its customer financial and filled and guarantees provided by him and the appropriate terms of the loan to the strategy followed in the bank , either after being granted the loan he last follow - up is a query and follow - up of the means of avoiding risks bank loans , and finally the loan risk management when earned , which is using the media to address these risks are either to mitigate them using various means of the most important guarantees provided by the customer , or to convert them to third parties and is insurance on loans and securitization of these loans and the use of financial derivatives contracts . The provisions of the check bank loans risk they differ in terms of the party that affect them may affect the customers the bank and their creditors of depositors and borrowers , here realized the responsibility of the Civil Bank , or may affect the bank itsel , leading to the imposition of guardianship system or placed under receivership in preparation for the month bankruptcy and liquidated by judicial goalkeeper

وحدة الخصومة في الدعوى المدنية : دراسة مقارنة == The litigation in the civil case A Comparative study

Author name: رحيم جاسم حمزة المعموري
Supervisor name: وسن قاسم الخفاجي
General topic: Law
Specific topic: Civil Procedure Law
Degree: Master
University: University of Babylon - Faculty Of Law - Department Of Private Law
Language: Arabic
University location: Babylon
First pages:
Abstract: Litigation between two parties usually starts two plaintiff and the defendant, may begin multilateral, is diversity in this case a multiplicity an original, such as lawsuits brought by the heirs of the creditor to demand the right to the deceased, or that is raised several claims linked to each other of several plaintiffs against the defendant and one, or from one plaintiff against several defendants, it may also begin rivalry from one plaintiff and one defendant and become during its work multi adversaries, and so it is called the evolution of the adversarial and breadth it scope, in terms of people, and it happens during the intervention of someone from outside their rivalry, or to be adversarial person by opponents outside the court or from the original also rivalry.In this case the rivalry will be differentiated and unstable, so do not remain constant as began, since rivalry is a set of procedures to start judicial claim down to the completing on the subject issued terminator it judgment, or termination without judgment such as the magistrate or leave ..., and the multiplicity these actions inside rivalry and relay sequence chronologically and logically, so that no work of this business to achieve the final result, which is obtaining a ruling to resolve the dispute, and for each person on the right, but by concerted this business with each other, and remain coherent and for access the desired claim of result It is getting a fair and facilitator rule and at the lowest cost and workable on the ground, any possibility of its implementation, and the implementation of the rule after its release from the court after exhausting all remedies intended by the legislature, that does not conflict with another decision issued by the same court or another court.And gets conflict and contradiction in judgments when there is a dispute before the court of first instance, and issue a ruling where, and this multilateral rivalry - consists of several plaintiffs or defendants , and some accept by virtue of this courtor miss on the same appeal dates, and challenged others - sentenced them or convicted - judgment, in which case we will be in front of two provisions in one subject, and increasingly thread complicated when the subject of the litigation is indivisible, where you can not implement two provisions together, such the lawsuit brought by partners group on the common for claiming a right of easement on the land of others, are listed first instance court the lawsuit, and some based partners to challenge governance without the others, and it was decided to appeal against the court of easement in favor of the appellants, and the other rejects this right, and that's where the subject of adversarial one, we will be - here - in front of the impossibility of implementation, because the decision can not be located and it does not exist in time one and the same subject.Here we must preserve the unity of the rivalry in order to benefit realized from the implementation of the verdicts, maintaining the unity of the rivalry of the fragmentation is in several ways, including allowing intervention as well as the acceptance of the crossbar applications, and to accept all of this is within a certain link and the link between the discounts, rather than be held every suit individually, or if there were several discounts and had among them a link from any element court can order the assignment to collect them in front of one court, whether pending before different tribunals, or order annexation if the front of one court, these means - Referral and annexation - we can to keep our rivalry coherent until the end, unity of the rivalry in a civil litigation means that are being investigated by the court per antagonism or discounts related to the same court, and legal actions that take place in the rivalry remains sequential so that they can not get a final judgment unless complete all these works.The idea of the unity of antagonism stand out in the interest of the relay for this business, unity is a must if we want to get the rule, which is the main goal to resolve the dispute, and that stipulated by the Iraqi legislature when he clarify to take advantage of sequence provisions challenged by opponents whodid not contest governance, is to keep this unit, and we believe it is not sufficient to maintain the unity of the antagonism, unity is achieved when it is adversarial rest of opponents who did not join the appeal antagonism, and should be joining to the antagonism was keeping this unit from retail, and whether they are doomed or is doomed to them.And the behavior of these methods will preserve the unity of the antagonism, instead of that all the antagonism going on its way, the unification - related discounts before one court, If you set up multiple discounts and had them link, the act together these discounts which facilitate the separation of the once and by virtue of one, and that it achieves the overall fairness and certainty of a conflict and contradiction verdicts.Some legislations comparison location has gone in this direction, to maintain the unity of the antagonism, and made his opponents appeal the same breadth, which was in a feud first degree, which in this measure kept legislator on the unit stay where began, and allowed the appearance of opponents who were in a feud first degree of join the dispute appeal even though they are considered foreigners by, through this measure be legislator has kept the antagonism of the fragmentation, and allowed the opponents who have missed the appeal of joining the appeal raised from one of their colleagues, and that did not join ordered the appellant court to be an adversary to them, in order to be re - balance positions liabilities especially when diversity, only thus allowing opponents or pursuant to court order adversary of no contest have been kept on this unit, to be a judgment after that ending the conflict in all its branches and its ramifications, and prevention of stirring the dispute again, and so the interest of this unit namely the economy achieved time and reduce costs and facilitate litigation procedures and get away from the verdicts opposed.

الاختصاص القضائي الدولي في منازعات التجارة الالكترونية : دراسة مقارنة == The International jurisdiction in electronic commerce disputes compartive study

Author name: علي عبد الستار ابو كطيفة
Supervisor name: عبد الرسول عبد الرضا جابر الاسدي
General topic: Law
Specific topic: Private International Law
Degree: Master
University: University of Babylon - Faculty Of Law - Department Of Private Law
Language: Arabic
University location: Babylon
First pages:
Abstract: من المعلوم ان علاقات الدول بعضها ببعض تنظمها قواعد القانون الدولي العام . اما علاقات الاشخاص التابعين لدول مختلفة فتنظمها قواعد القانون الدولي الخاص وتعرف هذه العلاقات اصطلاحا باسم (العلاقات الخاصة الدولية) او ( العلاقات ذات العنصر الاجنبي) تمييزا لها عن العلاقات التي تقوم بين رعايا الدولة الواحدة والتي تسمى بالعلاقات الوطنية . وبحدوث الثورة التكنولوجية للاتصالات وما نجم عنها من ظهور شبكة الاتصالات العالمية (الانترنت) , اصبح بامكان الاشخاص في الدول المختلفة من التعامل مع بعضهم دون الحاجة الى الانتقال وتخطي المسافات البعيدة , واصبح بامكان التجار والمنتجين ومزودي الخدمات ان يعرضوا بضائعهم وخدماتهم في كل مكان من العالم , فهذه الشبكة ذات طبيعة دولية , عابرة للحدود تضع اكثر من مائتي دولة في حالة اتصال دائم مما ادى ذلك الى ازدياد العلاقات الخاصة التي تنشا عبر الحدود لاسيما علاقات التجارة الدولية التي اخذت تشهد تطورا ملحوظا في اوربا وامريكا حيث انتقلت المعاملات من ارض الواقع الى شبكة الانترنت وظهر ما يسمى " التجارة الالكترونية " . ان التجارة الالكترونية , شانها شان كافة العلاقات الخاصة الدولية من حيث انه من الطبيعي في بيئتها ان تظهر المنازعات تماما كما هو الحال في البيئة التقليدية ومن حيث مرورها بهذه المراحل الثلاث ذاتها التي تمر بها تلك العلاقات وهي : مرحلة التمتع بالحقوق اولا . ومرحلة ممارسة الحقوق واستعمالها ثانيا . ومرحلة الحماية القضائية للحقوق ثالثا . وقد اتفق الفقه على : اولا : ان مرحلة الحماية القضائية تعد من اهم مراحل العلاقات الخاصة الدولية وان كان قد اختلف في الاصطلاحات التي اطلقها على تلك المرحلة ومنها اصطلاح الاختصاص القضائي الدولي . ثانيا : تقسيم القواعد القانونية الحاكمة لهذه المرحلة على ثلاثة انواع هي : قواعد تحديد الاختصاص القضائي الدولي للمحاكم الوطنية في النزاع الخاص ذي البعد الدولي والقواعد المنظمة للاجراءات الواجبة الاتباع بصدد المنازعة الخاصة ذات العنصر الاجنبي وتحديد القانون الواجب التطبيق عليها والقواعد المتعلقة بتنفيذ الاحكام الاجنبية والاعتراف بها . ولما كان تناول هذه الانواع الثلاثة من القواعد معا امرا اوسع من تناوله في رسالة واحدة , فقد استقر الراي على تناول النوع الاول ليبقى النوعان الاخران موضوعين حيويين يحتاجان الى الدراسة والبحث . وبناء على ما تقدم فقد بحثنا في هذه الدراسة موضوع ( الاختصاص القضائي الدولي في منازعات التجارة الالكترونية ) التي تكمن اشكاليته في ان قواعد الاختصاص القضائي الدولي تتضمن ضوابط اختصاص ذات طبيعة مكانية في الغالب وضعت لحكم العلاقات الخاصة الدولية الناشئة في البيئة التقليدية ولم تضع في اعتبارها امكانية نشوء تلك العلاقات في البيئة الالكترونية التي لا تعرف المكان اضف الى ذلك ان ضوابط الاختصاص ذات الطبيعة غير المكانية كالجنسية والارادة لا تخلو من صعوبات واشكاليات لاسيما اذا ما تعلق الامر بحماية المستهلك الالكتروني . ومن هنا فان هذا البحث يهدف الى معالجة موضوعا مهما على المستويين التشريعي والقضائي . فلا يمكن باي حال من الاحوال تجاهل وجود منازعات التجارة الالكترونية في حياتنا القانونية . فهذا الوجود يتاكد يوما بعد يوم , وان اهميته تزداد على مر الايام . وعند نظر القضاء العراقي منازعة من هذا القبيل سوف تثار بلا شك امامه العديد من الاسئلة , وستكون هناك حاجة ملحة للاجابة عليها . واذا ما تعلق الامر بالتشريع , ففي اليوم الذي يفكر فيه المشرع العراقي في وضع او تعديل القواعد القانونية التي تحكم موضوع الاختصاص القضائي الدولي في منازعات التجارة الالكترونية , فسوف يكون لدى القائمين بالتشريع رؤية ولو بسيطة عن هذا الموضوع . ويهدف هذا البحث ايضا الى مساعدة اطراف علاقات التجارة الالكترونية في تحديد المحكمة التي يلجئون اليها لتسوية نزاعهم وحماية حقوقهم ومراكزهم القانونية وتبصيرهم بالحلول التي يمكن باتباعها ضمان اكبر قدر من الحماية القضائية لتلك الحقوق والمراكز القانونية . ولغرض الاحاطة بهذا الموضوع فقد توزعت خطة البحث على مقدمة وفصلين وخاتمة . تناول الفصل الاول ماهية الاختصاص القضائي الدولي في منازعات التجارة الالكترونية وبمبحثين خصص الاول لمفهوم الاختصاص القضائي الدولي في حين خصص الثاني لنطاق تطبيق الاختصاص القضائي الدولي . وافرد الفصل الثاني الذي يمثل فحوى البحث لضوابط الاختصاص القضائي الدولي في منازعات التجارة الالكترونية وبمبحثين ايضا تناول الاول الضوابط العامة للاختصاص القضائي الدولي في حين عالج الثاني الضوابط الخاصة للاختصاص القضائي الدولي . وانتهت الرسالة بخاتمة تضمنت اهم ما توصل اليه الباحث من نتائج فضلا عن المقترحات . | It is known that some states relations with some countries are governed by rules of public international law. The relationships of people belonging to different countries are governed by the rules of private international law defines these relationships idiomatically on behalf of (international relations) or (foreign - component relationships) to distinguish it from the relationships that exist between the nationals of one state and called for national relations . The emergence of the technological revolution of communication and what have been resulted as global information network appearance (the Internet), it has become possible for the people in different countries deal with each other without the need to move and skip the long - distance, and became traders, producers and service providers can present their goods everywhere in the world. This network of an international nature, cross - border put more than two hundred countries in the case of a permanent connection, which led to an increase in the special relations that arise across the border, especially international trade relations, which took witnessing a remarkable development in recent times in Europe and America when the transaction has moved from the ground to Internet and the emergence of the so - called "electronic commerce ". That electronic commerce, like all international relations from where it is in the environmental natural that appear exactly as in the case of disputes in the traditional environment and in terms of passing the same three stages of those relationships : the first stage of the enjoyment of rights. And the stage of the exercise of rights and use of a second. And the stage of judicial protection of the rights of third .the jurisprudence has agreed to : First : that the judicial protection of phase one of the most important stages of international relations and that it had disagreed in expressions that launched on that stage, including the jurisdiction of the international convention Secondly : the division of the legal rules governing that stage on three types : international rules for determining the jurisdiction of national courts in private with the international dimension of the conflict , the rules governing the procedures to be followed in connection with the dispute with foreign special item and select the law applicable on them and the rules relating to the implementation of foreign judgments and recognition . As the intake of these three types of rules together is broader than dealing in a one thesis , opinion has settled on taking the first type to the other two remain two vital required to study and research . Based on what progress has been discussed in this study the subject (The international jurisdiction in electronic commerce disputes), which lies in problematic that the rules of jurisdiction The International judicial includes special controls with spatially nature competence often put to the rule of international relations emerging in the traditional environment, and did not take into account the possibility of the emergence of these relations in the electronic environment in which they do not know the place add to this that controls jurisdiction nature is spatial such as nationality and will not without difficulties and problematic, especially when it comes to electronic consumer protection. Hence, this research aims to address the topic will be of interest on the part of the legislature and the judiciary Iraqis soon. It can not in any way ignore the existence of electronic commerce disputes in our legal. This presence is confirmed by the day, and the increasingly important over time. On the day that the consideration of the Iraqi judiciary dispute like this will undoubtedly be raised in front of him many questions, and there will be an urgent need to answer them. when it comes to legislation, in the day when the Iraqi legislature is considering developing or modifying legal rules that the subject of international jurisdiction in disputes control of electronic commerce, It'll have existing legislation to see if a simple on this subject. This research aims also to assist the parties to electronic commerce relationships in determining the court to resort to settle their dispute and to protect their legal rights , their positions and Insight solutions that can follow them to ensure the largest amount of judicial protection of those rights and legal centers . In order to take this issue , the research has divided plan on the introduction and two chapters and a conclusion. The first chapter discusses the nature of international jurisdiction in disputes of electronic commerce and two topics allocated first to the concept of international jurisdiction, while the second was devoted to the application of international jurisdiction. Straighten the second quarter, which represents the content of search controls international jurisdiction in disputes of electronic commerce and also the first intake two topics general controls of international jurisdiction, while the second addressed the specific controls of international jurisdiction. The letter ended with a conclusion included the key findings of the researcher of the results as well as proposals .

الحماية الجنائية للثروة الحيوانية : دراسة مقارنة == Criminal Protection of The Livestock A comparative study

Author name: عبد العظيم حمدان عليوي
Supervisor name: اسماعيل نعمة عبود
General topic: Law
Specific topic: Criminal Law
Degree: Master
University: University of Babylon - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Babylon
First pages:
Abstract: الثروة الحيوانية هي جميع الوسائل المادية القادرة على توليد الدخل والقابلة على التبادل بقصد اشباع الحاجات العامة والتي تعد من اهم دعائم الاقتصاد الوطني واحدى مقومات الامن الغذائي ومصدر من مصادر الدخل القومي ، وقد اهتمت بها الاديان السماوية ومن هذه الاديان ديننا الاسلامي والذي اورد اسماء الكثير منها في القران الكريم والسنة النبوية مبينا كيفية التعامل معها والرفق بها ، وكذلك في العصور الحديثة اهتمت بها القوانين الوضعية والقوانين الخاصة ووضعت النصوص القانونية والاحكام العقابية لحمايتها من الاعتداء عليها وقد تغير وضع الثروة الحيوانية في الفترات المتلاحقة من اهمال واعتداءات مستمرة ادت الى انقراض العديد من عناصرها والمتمثلة بالحيوانات البرية والطيور المائية وغيرها من الحيوانات ، ومن خلال ذلك ارتاينا البحث عن موضوع حماية تلك الثروة وتم اختيار الحماية الجنائية للثروة الحيوانية موضوع دراستنا. وانتهت الدراسة الى مجموعة من النتائج والمقترحات متمثلة في تعديل بعض النصوص القانونية سواء تعلق الامر بمواد دستورية او مواد في قانون العقوبات او القوانين الخاصة . | Livestock is all physical means that are capable to generate income and to exchange for the purpose of satisfying public needs which are considered as the most important pillars of national economy and fundamentals of national security and as a source of national income. The divine religions have paid attention to this subject and our Islamic religion was one of these religions that indicated many of Livestock names in the Holy Quran and the Sunni of Prophet and how to deal with animals and treat them well, as well as in modern times the livestock were received interest from objective and special laws in addition to assigning legal provisions and penalties to protect them from attack and aggression. The situation of livestock were changed during the successive periods because of carelessness and continuous assaults which cause to extinction of several kinds of animals for example wild animals and water birds, therefore we decided to discuss the subject of protection livestock and we pick up criminal protection as a title for our study .The study ended in assent of finding and proposals represent in the modification of some legal texts whether its related to the constitutionality of stubs trances or materials in the penal code or special laws .In order to identify the adequate methods presented by criminal protection of livestock whether at the level of punitive laws or special laws we divided our research into three chapters. In introductory research we discussed criminal protection as per legal consolidation in ancient religions where three demands were intervened in this topic. The first demand was about the criminal protection of livestock in the ancient religions. The second one was the criminal protection of livestock in the divine religions. The third demand was the criminal protection of livestock in the modern laws. In the first chapter we identify the conception of the criminal protection of livestock. The first chapter consists of two studies, firstly we define the concept of criminal protection of livestock on two demands : the first demand we put the definition of criminal protection of livestock and in the second one is the criminal protection justifications of livestock. The second was devoted to deal with lawful base of livestock criminal protection which falls in two demands, the first was entitled as lawful base of livestock criminal protection internationally and second demand was lawful base of livestock criminal protection on national and regional level. Finally, we discussed the third chapter of the thesis upon criminal protection of livestock according to bases of summary trials and special laws through two studies : the first study was the criminal protection of livestock in inspection and investigation stage, for this purpose we divided this research on two demands : the first demand was procedure protection of livestock during inspection stage about crimes and collecting of evidences, whereas the second demand dealt with procedure protection within preliminary investigation . In the second study we reviewed the procedure protection during trial and appeal stage. This study has been divided into two demands : the first one was the trial before a competent court in livestock crimes and the second was the illustration of appeal processes in decisions and relevant provisions of livestock crimes. At the conclusion the study was put the final touches with many results and recommendations.Lastly, we pray to Allah and supplicate to him and our peace upon prophet Mohammed and his pure family.

التنظيم القانوني لواجب الموظف العام في كتمان الاسرار الوظيفية : دراسة مقارنة == Legal regulation of the duty of a public officer in the concealment of functional secrets comparative study

Author name: بسام حميد محمود
Supervisor name: اسماعيل صعصاع غيدان البديري
General topic: Law
Specific topic: Administrative Law
Degree: Master
University: University of Babylon - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Babylon
First pages:
Abstract: The general occupation considered as a responsibility, based on efficiency, loyalty and integrity as its main target is to offer a better life for the civilians and the community and secure their rights and interests, any individual appointed to do a certain general occupation will be committed and ruled by several enforced duties, in order to do his work at the best way, among these duties is concealing the secrets related to his work, this factor consider one of the axial subjects, deserves a thorough and comprehensive study it and fundamental, that any work's sector had its rules and guidelines compelling worker's at this sector, to comply with and to work with it, accordingly in order to keep all the confidential information secured and save.The importance of concealing secrets and information related to a work, will be much important when related to general jobs, secrets represent all the confidential information, that a worker can reach as a part of his job, to which and according law he obliged to keep it secured, and concealed from others on the basis that any breach or leak for them, will cause damages especially if these secrets related to the highest interests of the state for instance related with military and interior security secrets.Any public worker as a part of his duties should be loyal regarding secrets, and confidential information related to his job, all legislations organizing general jobs mandated general worker to be honest with this regard, and all the penalty laws stated the necessity of punishing individual not respecting their work's duties, under the title called crime of revealing work's secrets.

جريمة قرصنة البريد الالكتروني : دراسة مقارنة == E.mail crime piracy Comparative study -

Author name: صفاء كاظم غازي الجياشي
Supervisor name: حسون عبيد هجيج
General topic: Law
Specific topic: Criminal Law
Degree: Master
University: University of Babylon - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Babylon
First pages:
Abstract: جريمة قرصنة البريد الالكتروني من الجرائم المضرة بمصلحة الافراد كونها تستهدف مصالح خاصة للافراد ( حق الافراد في الخصوصية الشخصية ) لذلك تحتم المعاقبة على كل فعل يمس حق الفرد في الخصوصية ، وهذا الحق مثلما يجب توفره في الحق بحرمة المسكن وعدم جواز دخوله دون اذن كذلك يترتب وجود هذا الحق في خصوصية المراسلات باي وسيلة تقليدية او الكترونية وعليه ان تجرم كل افعال القرصنة لنظام البريد الالكتروني لضمان عدم افلات المجرمين من العقاب.ومن هذا المنطلق تم تناول موضوع الرسالة كونه من المواضيع التي من الضروري اخذها بنظر الاعتبار ودراستها على الصعيد القانوني لاسيما وان الفاعل (القرصان) يتمتع بخبرة تقنية وان جريمته لا تحتاج الى جهد عضلي ، وبما ان القرصان يشكل خطرا لكونه يقوم باختراق نظام شخصي لغيره والذي اصبح في الوقت الحاضر من اساسيات الحياة وحلقة تواصل بين الاشخاص ( الطبيعية والمعنوية ) وبقرصنة البريد الالكتروني للاخرين يعد تصرفه هذا تعديا غير مشروع ومن ثم يمكن اقامة الدعوى الجزائية بحقه.ومن خلال بحث موضوع جريمة قرصنة البريد الالكتروني نتمكن من تسليط الضوء على قصور نصوص القانون الجنائي عن معالجة هذا النوع المستحدث من الجرائم فمن الناحية الاجرائية نجد ان النصوص التي عالجت اكتشاف واثبات الجرائم المعلوماتية ومنها جريمة قرصنة البريد الالكتروني قاصرة وغير محققة للغرض منها بل تكاد تكون معدومه, وهذا يتطلب توفير اساس قانوني للحد من ارتكاب هذا النوع من الجرائم المستحدثة من الناحيتين العقابية والاجرائية ، وكذلك التاكيد على ضرورة ايجاد تعاون دولي واقليمي للحد من ارتكاب هذا النوع من الاجرام ، حيث تعد جريمة قرصنة البريد الالكتروني من الجرائم التي ترتكب عن بعد ( جرائم عابرة للحدود ). ونظرا لصعوبة كشفها فنجد احيانا ان الشخص المجني عليه نفسه لا يعلم بقرصنة بريده ، لذلك لابد من مكافحتها باتباع نهج دولي منسق بالاضافة الى التنسيق الداخلي ، وهذا كله من اجل معالجة الجرائم المعلوماتية على وجه العموم وجريمة قرصنة البريد الالكتروني على وجه الخصوص .وتم تقسيم الرسالة الى مبحث تمهيدي تناولنا فيه مفهوم البريد الالكتروني, وثلاثة فصول خصص الفصل الاول لماهية جريمة قرصنة البريد الالكتروني، اما الفصل الثاني فقد تم فيه تناول اركان جريمة قرصنة البريد الالكتروني، اما الفصل الثالث فخصص للاثار المترتبة على جريمة قرصنة البريد الالكتروني. | Crime Email piracy harmful to the public interest crimes being targeted at the interests of the privacy of individuals (individuals' right to personal privacy) so had to punish every act affects the individual's right to privacy, and this right as it should be provided by the right to freedom of residence and the inadmissibility of entering without permission as well as the consequent presence This right to privacy of correspondence by any conventional means or by electronic and to criminalize all acts of piracy and to e - mail system to ensure that the entry into force of criminals from punishment. In this sense we dealt with the subject of the message being one of the topics that need to be taken into consideration and studied at the legal level, especially since the actor (the pirate) has the technical expertise and that crime does not need to muscular effort, and as the pirate is dangerous because it is the breach of a personal system for others who became in At present the basics of life and loop communication between persons (natural and moral) and broke the pirate e - mail to others counting his disposal this infringement is illegal and can thus establish a criminal case against him, beginning with the charge and trigger stage, passing through the stage of investigation and evidence collection and the end of the phase of the trial and sentencing, and we suggest to be consideration of the case by a special electronic crimes tribunal, including the criminal case filed against pirate. But from a procedural standpoint, we find that the texts that dealt with the discovery and prove IT crimes, including the crime Email piracy inadequate and unrealized loan them, but are almost non - existent, and this requires the provision of a legal basis to limit the commission of this type of innovative crimes of both punitive and procedural, as well as emphasize the need Find international and regional cooperation to curb commit this type of crime, where is the crime of the e - mail address piracy of crimes remotely (transient crimes of the border) Due to the difficulty of detecting sometimes we find that the person is the victim himself does not know that his infiltrated by pirates, so it has to be of control following a coordinated international approach in addition to the internal coordination, and all this in order to address IT crimes in general and crime Email piracy, in particular. where we have to divide the message to the Study of preliminary We had the concept of e - mail, and three chapters The first chapter Fajssnah of what constitutes the crime of piracy e - mail to three sections, we discussed in the first concept of e - mail hacking, and Pena in the second the causes of crime, and we had a third of the characteristics and the basis of the crime, and we talked in the second quarter from the elements of the crime e - mail address piracy in three sections set aside the first to speak of the material element of the crime, and Pena in the second pillar of moral crime, and we held the third private corner (subject of the crime), Chapter III Fbgesna the effects of the crime Bembgesan we have allocated the first effects of the crime procedural, and we held the second substantive effects

رقابـــة البنــك المركـــزي على المصارف : دراسة مقارنـــــة == Central Bank of The Superintendent of Banks (A Comparative Study)

Author name: محمد سلمان شكيـــر
Supervisor name: ابراهيم اسماعيل ابراهيم الربيعي
General topic: Law
Specific topic: Commercial Law
Degree: Master
University: University of Babylon - Faculty Of Law - Department Of Private Law
Language: Arabic
University location: Babylon
First pages:
Abstract: تعد الرقابة المصرفية من الموضوعات التي ظهرت نتيجة ظهور التعامل المصرفي ، وترسخت مبادؤها في التشريعات القانونية والاتفاقيات والمنظمات الدوليــــــــــــــــــــة , فـــهي سلسلة من الاجراءات المتداخلة والمتكاملة على مر ازمان مختلفة. حتى اصبحت من اهم الوظائف التي تؤديها البنوك المركزية في وقتنا الحاضر لكونها اعلى سلطة نقدية في الدولة ويتمتع بخصائص فعالة من شانها ادارة هذا النشاط الحيوي.وفي هذا الصدد وجدت الرقابة المصرفية بوصفها اجراءات وقرارات تفرض في حالات نص عليها القانون.تخضع لها المصارف لتكوين نظام مصرفي قادر على مواجهة المخاطر المصرفية او الازمات التــــي تتعرض لها الدولة في وقت ما. اثر ازدياد المشاكل التي يتعرض لها الاقتصاد الوطني والاقتصاد العالمي على حد سواء. والى جانب ذلك حماية المصرف ذاته من بعض العمليات او التصرفات التي تؤدي الى الاضرار به مما ينتج عنه من ضرر بالمودعين والمتعاملين معه والتاثير بشكل سلبي على الاستقرار في النظام الاقتصادي.وفي سبيل ذلك يتبع البنك المركزي عدة ادوات رقابية تتسم بالشمولية والاستمرار , لتغطي كافة المراحل التي يمر بها المصرف من لحظة ابداء الرغبة في تكوينه, مرورا بالاجراءات اللازمة لذلك , حتى انتهاء عمل المصرف او تصفيته ,وذلك لضمان ايجاد مؤسسات اقتصادية تستطيع الاستمرار في اداء العمل المصرفي على اتم وجه .ولاتقف الرقابة المصرفية عند حدود اكتساب المصرف للشخصية المعنوية انما تبدا مرحلة جديدة من الرقابة بعد منح اجازة او رخصة العمل المصرفي يتمكن من خلالها البنك المركزي اتخاذ كافة الوسائل والاجراءات القانونية اللازمة لاعادة تنظيم المصرف الذي يتعرض لمشاكل مالية او ادارية خلال مدة معينة, من ابرزها ماجاء به المشرع العراقي من اخضاع المصارف لنظام قانوني اطلق عليه مصطلح "الوصاية" التي تفرض على المصارف في حالات محددة قانونا,من شان ذلك الابقاء على المصرف وتلافي الاثار السلبية التي يتعرض لها الاقتصاد الوطني والمتعاملين معه في حالة تصفية المصرف.في المقابل يترتب على مخالفة الرقابة المصرفية العديد من العقوبات الادارية والجزائية, التي قد تصل الى حد انهاء الوجــــــــــــــــــــــود القانوني للمصرف, وهذا امر طبيعي على الصعــــيد القانوني ,لان ارتكاب اي فعل مجرم قانونا يستوجب العقاب لمنع تكرار وقوعه وتلافي الاثار التي نتجت عنـــــــــــــه , فضلا عن ذلك تـــــــــعد ضمانة مهمة للالتزام بالقانون المصرفي .وفي سبيل حماية المؤسسات الخاضعة للرقابة المصرفية وصيانة حقوقها من تعسف البنك المركزي في استعمال سلطته الرقابية ,اتاح لها القانون مخاصمة البنك المركزي في قرارات معينة امام السلطة القضائية ,ومنح المحكمة المختصة سلطة الغاء القرار او تعديلــــــــــــه بحسب الظروف.ومن بين النتائج التي توصلنا اليها من خلال هذه الرسالة ,ان الرقابة المصرفية هي مجموعة من الاجراءات او المستلزمات او القرارات القانونية, التي يتخذها البنك المركزي بصورة مستمرة بهدف الحفاظ على استقرار النظام المصرفي .واقترحنا على مشرعنا الوطني من خلال التوصيات التي وردت في هذه الرسالة اعداد مشروعين قانونيين لتعديل كلا من قانون البنك المركزي العراقي لسنة (2004) وقانون المصارف العراقي لسنـــــــــــــــــــــــــــــــــــــة (2004) ,لاضفاء الصبغة الوطنية على هذين القانونين.ووزعنا البحث على ثلاث فصول , تناولنا في الفصل الاول دراسة مفهوم رقابة البنك المركزي على المصارف، وتناولنا في الفصل الثاني دراسة رقابة البنك المركزي على تاسيس المصارف، بينما خصصنا الفصل الثالث لدراسة انواع رقابة البنك المركزي على المصارف | The banking supervision of the topics that emerged as a result of banking and principles established in legislationAnd international agreements and organizations are a series of overlapping and integrated on a variety of different periods of time procedures. Even become one of the most important functions performed by central banks in the present day because it is the highest monetary authority in the state and has effective characteristics that will manage this vital activity.In this regard, I found as measure of banking supervision and impose decisions in cases prescribed by law. Subject its banks to create a banking system that is able to cope with banking risks or crises faced by the country at some point.The effect of increasing the level problems faced by the natural economy and the global and economic alike.In addition to the protection of the same bank of some operations or actions that lead to the damage done resulting from damage to depositors and customers and adversely affecting the stability of the economic system.To achieve this, the central bank follows several regulatory tools are comprehensive and instability, to cover all stages Amrabha bank from the moment of expression of interest in its composition through the procedure necessary to do so until the end of the bank or filtered ,so as to ensure creating economic institutions can continue in the banking business to the fullest performance atage of banking supervision at the borders of the acquisition of Bank of personal moral but begin anew area of censorship after. Granting of the license or the banking business could through the central bank to take all the means and the legal procedure necessary for reorganization of the bank ,under financial or administrative problems Bduring a certain period ,most notably helms by Iraq legislator of subjecting banks legal system is termed a 'trusteeship ' to be imposed on banks in specific legal cases That would keep the bank and avoid althoararalmah faced by the national economic and its clients in the event of liquidation of the bank in contrast ,the consequent violation of banking supervision many administrative and penal sanctions ,which may amount to terminate the legal existence of the bank, and this as normal at the legal level, because the commission of an offense legally punishable to prevent a repeat occurrence and to avoid the effects that resulted in, addition it is an important safeguard foe the commitment of the banking law.In order to protect the under banking supervison institutions and the maintenance os rights abuses in the use of the central bank regulatory authority,allowing them quarrelling central bank law in certain decisions in front of the judiciary ,and the granting of the competent authority of the court to cancel the decision or modify it according to the circumstances. Among or finding s through this litter, that banking supervision is a set of procedures or supplies or legal decision ,taken by the central bank on an ongoing basis in order to maintain the stability of the banking system we proposed at the national mush Arana through the recommendations contained in this message number two bills to amend all of the Iraq central bank act of )2004(and the law of the Iraq banks for the year(2004) ,to give the national sbgh on these laws .Find and distribute three chapters we dealt with in chapter concept of central bank control over the banks, and we dealt with in chapter 11 study of central bank control over the establishment of banks, while the third chapterdedicatedto the study of the central bank control mechanisms banks.

التزام الشركات المساهمة بالافصاح في سوق الاوراق المالية : دراسة مقارنة == Commitment to joint - stock companies to disclose in the stock market comparative study

Author name: رائد فيصل غازي فتحي
Supervisor name: ابراهيم اسماعيل ابراهيم الربيعي
General topic: Law
Specific topic: Commercial Law
Degree: Master
University: University of Babylon - Faculty Of Law - Department Of Private Law
Language: Arabic
University location: Babylon
First pages:
Abstract: يعتبر التعامل بالاوراق المالية في الوقت لحاضر الشغل الشاغل لبلدان العالم المختلفة باعتباره احد الركائز الاساسية لاقتصاداتها وقد تنامى هذا الاتجاه نحو الاهتمام بالاسواق المالية بعد ان احتلت مركزا حيويا في النظم الاقتصادية الحديثة باعتبارها مركز استقطاب وجمع المدخرات المالية للبلد , والى جانب هذا الاهتمام المتزايد هناك رغبة لدى المتعاملين في ان يسود هذا التعامل النزاهة والمصداقية في تداول المعلومات بين اطراف العلاقة , فكان لابد من نظام قانوني يجسد ذلك فظهر نتيجة ذلك الالتزام بالافصاح والذي ازدادت اهميته في السنوات الاخيرة زيادة منقطعة النضير في ميدان النشاط التجاري للشركات , وهذه الاهمية طبعا لم تاتي من فراغ , وانما من اعتبار ان المستثمر سواء كان شخصا طبيعيا او معنويا ليس له وسيلة مباشرة يتلقى من خلالها المعلومات والبيانات المتعلقة بالشركة المدرجة في السوق والتي يبني على ضوئها قراره الاستثماري بشان شراء اسهمها من عدمه , بل يعتمد على المعلومات والتقارير التي تفصح عنها الشركة عن وضعها المالي والقانوني , فاذا كانت تلك المعلومات صحيحة , فان القرار الاستثماري يكون مؤسسا على معطيات واقعية ومن ثم يكون صحيحا , اما اذا كانت غير مطابقة للواقع فالقرار الاستثماري يكون غير صحيحا . لذلك فان اهمية هذا الالتزام تكمن في انه يمكن المستثمرين في اتخاذ القرار المناسب بالاستثمار , ومراقبة استثماراتهم . حيث ان للالتزام بالافصاح اهمية على الشركة وقوة السهم , فهناك علاقة طردية بين قوة السهم او تدنية فكلما ازدادت درجة الافصاح لدى الشركة كلما اعتبر السهم قويا لا يتاثر بالمعلومات السلبية . وسوف تتولى هذه الدراسة بيان التزام الشركات المساهمة بالافصاح في سوق الاوراق المالية . وذلك من خلال بيان ماهية هذا الالتزام وتنفيذه والمسؤولية الناشئة عن الاخلال به وذلك من خلال تحليل نصوص التشريع العراقي النافذة ومشروع قانون الاوراق المالية لسنة 2008 , ومقارنتها مع التشريعات العربية والاجنبي كالتشريع المصري والاماراتي والفرنسي والامريكي وبيان مواطن القوة والضعف في التشريع العراقي من خلال تقسيم هذه الرسالة الى ثلاثة فصول حيث نتناول في الفصل الاول ماهية التزام الشركات المساهمة بالافصاح في سوق الاوراق المالية , وفي الفصل الثاني نتناول تنفيذ التزام الشركات المساهمة بالافصاح في سوق الاوراق المالية والفصل الثالث سيكون لبيان المسؤولية التقصيرية الناشئة عن اخلال الشركات المساهمة بالافصاح في سوق الاوراق المالية ومن ثم الوصول الى افضل النتائج والحلول | The trading in securities in time to present the main concern for the countries of different world as one of the main pillars of their economies and this trend is growing towards the attention of financial markets after it occupied a vital place in the modern economic systems as attract and collect the financial savings of the country's center, and along with this growing interest there is a desire among dealers prevail this deal of integrity and credibility in the exchange of information between the parties to the relationship, it was to be a legal system embodies that appeared as a result of the obligation to disclose, which increased its importance in recent years to increase disconnected Nadeer in the field of business activity for companies, and this importance, of course did not come from a vacuum, but from the grounds that the investor whether a natural person or legal entity has no direct means receives through which information and data relating to the company listed in the market which builds on the light of his investment decision on the purchase of its shares or not, but based on information and reports disclosed by the company on the financial and legal status . If that information is correct, the investment decision is founded on realistic data and then be true, but if they are not conform to reality The decision is the right investment. Therefore, the importance of this commitment is that it can be investors in making the right decision to invest, and monitor their investments. Where the obligation to disclose that the importance to the company and the strength of the stock, there is a direct correlation between the strength of the stock or minimize the greater the degree of disclosure of the company, whenever a strong stock is not affected by the negative information. This study will take over the statement's commitment to joint - stock companies to disclose in the stock market. Through the statement of the nature of this commitment, implementation and responsibility arising from its breach, through the texts of Iraqi legislation window analysis and the draft Securities Act of 2008, and compared with the Arab legislations and foreign Egyptian such as legislation and the United Arab Emirates, France, the US and the statement of the strengths and weaknesses of the Iraqi legislation by dividing this message into three chapters, where we take in the first chapter of what's commitment to joint - stock companies to disclose in the stock market, In the second chapter we address the implementation of the commitment to joint - stock companies to disclose in the stock market and Chapter III will have a statement tort arising from the breach of joint - stock companies to disclose vs. the stock market and then access the best results and solutions

التنظيم القانوني لشهادات تصديق التوقيع الالكتروني : دراسة مقارنة == Legal regulation of electronic signature certificates of ratification ــ A comparative study ـــ

Author name: علاء كاظم حسين
Supervisor name: وسن قاسم الخفاجي
General topic: Law
Specific topic: Civil Procedure Law
Degree: Master
University: University of Babylon - Faculty Of Law - Department Of Private Law
Language: Arabic
University location: Babylon
First pages:

الحصانة الممنوحة للقوات الاجنبية والعاملين معها في العراق == The Immunity Granted to Foreign Troops and his Staff in Iraq

Author name: نور سالم علي سلمان
Supervisor name: طيبة جواد حمد المختار
General topic: Law
Specific topic: Constitutional Law
Degree: Master
University: University of Babylon - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Babylon
First pages:
Abstract: Since 2003, the foreign presence in Iraq has taken two types . The first one was in the form of foreign military forces which was known as the international coalition headed by USA and Britain . This coalition was founded by UN Security Council in its resolutions related to situation of Iraq and its various legal status . These forces were considered as occupation forces according to the resolution No. 1483 of 2003, while they were considered as multi - national forces aim to achieve security and stability in Iraq according to the resolution No. 1511 of 2003. But indeed, these forces were far from these aims. This foreign presence was accompanied by many violations starting from the invasion of Iraq to committing crimes according to the national and international law. There was another type of foreign presence , represented by the private security companies . USA and Britain concluded contracts with these companies to perform civil duties such as protecting the American embassy in Iraq or combat missions such as providing back up and support as well as involving in criminal actions such as what was happened in Abu - Ghraib Prison in Baghdad in 2003 and Fallujah in 2004, or committing crimes such as the incident of Nisour Square in Baghdad in 2007, where many civilians were killed and injured by shooting fire, randomly. As a result of the chaos, the unclear situation of the employees of these private security companies and the secret missions assigned to them and were stated in their contracts, where they stay confidential and cannot be reached by no one, these employees were granted an immunity upon the orders of (CPA )Coalition provincial authority (abolished) . This Immunity was similar to that one granted to the representatives of states, (whether military or civilian) , and even part of them were treated as diplomatic agents as they have a diplomatic immunity . Therefore, in the second chapter, we have discussed this immunity and its legitimacy according to the international and national laws and what is the actual and real situation of these forces and the employees of the private security companies, where we found that the immunity is against the provisions of international law including order No. 17 of 2003 and order No 17, amended (recommendation) of 2004 which granted the employees of security companies an immunity similar to the immunity of the military forces. It was very important to discuss the possibility to bring these foreign forces and their contractors in Iraq to competent courts for the crimes they have committed. These crimes were considered as international crimes which were within the jurisdiction of the international criminal court. Moreover, it was very essential to look for alternative solutions that allow Iraq to get its right , fully according to article no. 6 of Iraqi penalties law (effective) No. 111 of 1969, which stipulates that everyone exists on the lands of Iraq ( Iraqis or foreigners) is subject to Iraqi law according to article No. 12 of the security agreement between Iraq and USA. As the result of the difficulties facing the activation of the jurisdiction of Iraqi courts, we have studied the possibility to bring foreign forces and the employees of security companies to appear before their state - courts . By quoting from their national laws and examples of some trials for soldiers , we have found that USA is trying to protect the employees of these security companies and not holding them the responsibility of crimes they have committed.

دور الجنسية في ممارسة الحماية الدبلوماسية : دراسة مقارنة

Author name: ابراهيم عباس ابراهيم الجبوري
Supervisor name: حسن علي كاظم
General topic: Law
Specific topic: Private International Law
Degree: Master
University: University of Babylon - Faculty Of Law - Department Of Private Law
Language: Arabic
University location: Babylon
First pages:

التنظيم القانوني للمساعدات الانسانية في النزاعات المسلحة == Legal regulation of humanitarian aid In armed conflicts

Author name: قاسم ماضي حمزة الربيعي
Supervisor name: حيدر كاظم عبد علي
General topic: Law
Specific topic: International Criminal Law
Degree: Master
University: University of Babylon - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Babylon
First pages:
Abstract: The commentators of international humanitarian law uses several terms to denotes whether so - called humanitarian aid , it has used the rescue and relief and rescue operation terms and other terms that fall on one idea which to provide food and health services and the like by international bodies to the victims of international armed conflicts and non - international . The assistance usually provided when the stat ate concerned is assistance is unable to fulfill its responsibtity to its citizens to provide assistance to them and here the role of the international community comes to do the humanitarian work by humanitarian organizations working in the humanitarian field , as well as international organizations such as the united nations and through humanitarian agencies . To provide such assistance much be having the means and mechanisms that much be followed and not be just words in theory has no basis in reality and embodied this means and mechanisms through international conventions and legal texts and resolutions of the general assembly of the united nations in addition to the practice of states and humanitarian organizations in this field . Here , there must be real safeguards to ensure the implementation of such did will be for countries and humanitarian organizations , international organizations and the un as an organization and through the Great Security Council role in ensuring the implementation of such assistance . To meet our research topic we will divide in to three chapters address in the first chapter of what humanitarian aid , the second chapter is devoted to the means and mechanisms for the implementation of humanitarian aid and the third chapter dedicated to the implementation of humanitarian aid , guarantees and constraints of implementation .

الدخل الدائم : دراسة مقارنة == Permanent Income Comparative Study

Author name: اشراق حسن عذيب
Supervisor name: ايمان طارق مكي الشكري
General topic: Law
Specific topic: Civil Law
Degree: Master
University: University of Babylon - Faculty Of Law - Department Of Private Law
Language: Arabic
University location: Babylon
First pages:
Abstract: The contract is considered one of the main Commitment sources that connect the individual with his dealings with others. The dealings of individuals between them depends on the contracts signed by themselves, So the multi Resources of permanent income rise many questions about the legal description for the Permanent income .Although of the Legal description of the permanent income, it represents the path to know the legal basics that organize the permanent income, and it mentioned in Writings disperse legal this is one of the reasons to select the research in this subject, in addition to another reasons such as the lack of writings deeply in permanent income subject ,Although that permanent income subject is one of the subjects that discussed by the Iraqi Civil Law even briefly.We hope through our research to unfamiliarity with permanent income subject to rich the Researcher and the Reader, and in order to achieve the goals of the Research we will discuss the concept of permanent income through the definition (Commitment of the patrimony debtor for the Creditor it be a specific amount of money or anything else or to his successors after him according to his commitment in compensation contract),and its features like in the other Acontracts characterized with some features such as the commitment that established from that, which is paying the permanent with the will of Debtor in Solo income by paying the compensation according to the article1\695 Iraqi civil, and article1\546 Civil Egyptian with considering the law strict according to the Article 3\695 Iraqi civil, and Article 3/546 Civil Egyptian.The permanent income characterized with Executed circular contracts, and the paying will take some time, so the total amount of the permanent in come is not identified so it must written .The legal description that relied by the permanent income in organized contract represented in the benefit in the loan contract ,and the price in selling price .In the Egyptian civil law and in the addition of previous prescribed features rely on the compensation condition and the description of the receiver not like the Iraqi civil law and French Civil Law that decrease the permanent resource income on the compensation contracts only according to the article 1/694 Iraqi civil, and the Article 1909 French civil.The Plan of The Research : We will distribute the Research into chapters .The first chapter discussed the concept of permanent income in two themes ,the first theme discusses what is the permanent income Bin two requests : the first request we discussed the definition of permanent income in two branches : the first is defining the permanent income ,and the second is discussing the features of permanent income, and the second request is distributing the permanent income in three branches, the first one is the permanent income and life insurance, and the second one is the permanent income organized for life time and the third one is the permanent income and rent, and the second one discussing the legal nature of permanent income in two requests : the first request is discussing the permanent income in the contracts of loan and selling in two branches : the first one the profit of permanent income in loan contract ,and the second one the price of permanent income in selling contract ,and the second request we discussed the permanent income in grant contract by two branches : the first one is the permanent income in front of grant contract, and the second one is the permanent income conditioned compensation in Grant contract, and we specified chapter two for the regulation of permanent income in two themes.The first theme we discussed the commitments of Debtor with income in two requests, the first request is by the Debtor commitments by paying the permanent income in two branches : the first one the content of Debtor commitment to pay the permanent income, and the second one is the expiration of CDebtor commitment to pay permanent income and the second request we will discuss the Debtor commitment to present insurance for the Creditor by two branches. The first one is the personal insurance ,and the second one is material one.The second theme we will discuss the Creditor commitment with income in two requests : the first one we discusses the compensated property transfer and deliver it in two branches .the first one transferring the compensated property and the second one delivering the compensation .The second request we will discuss the compensation guarantee from disposure and merits and invisible deficits by two branches : the first one guarantee the compensation from exposure and merits, and the second one guarantee the compensation from invisible deficits conclusion our research with the results .

المصلحة في عقد التامين البحري : دراسة مقارنة == Interest in the Marine Insurance Contract A Comparative Study

Author name: ديار حطاب قاسم
Supervisor name: علي عبد العالي خشان الاسدي
General topic: Law
Specific topic: Commercial Law
Degree: Master
University: University Of Basrah - College Of Law And Politics - Department Of Private Law
Language: Arabic
University location: Basrah
First pages:

دور الادعاء العام في حماية حقوق الانسان : دراسة مقارنة == The Role of General Prosecution in the Protection of Human Rights (A comparative study)

Author name: انتصار جعفر خضر الخفاجي
Supervisor name: ناصر كريمش خضر الجوراني
General topic: Law
Specific topic: Principles of Criminal Trials
Degree: Master
University: University of Thi-Qar - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Dhi Qar
First pages:
Abstract: The General Prosecution is considered one of the judicial jurisdiction formations, a specialized authority of protecting human rights during the levels of the panel case, it totally concerned in the good management of law applying, whether it was for the sake of the accused or the victim, in which it does not take sides for each. It represents the common good and performs its roles objectively and equally.The Iraqi legislator authorized the general prosecution to do different roles during all procedures of the penal case, on the level of investigation and collecting of evidences, we find out that it takes charge of supervision and inspection over the members of the judicial checking up in order to see how committed they are in the standards of investigating crimes without making any violation or diverging in the investigation.When instituting the penal case , we find out that it is commencing its authority in evaluating the properness of instituting the case or in how not well the process is going , agreeing with the standards , which the legislator has guaranteed to the rights of the accused , its bearing the burden of proving the charge of guilty in all details , having worked it in justice seeking innocence of the accused . Whenever it is being forced by the necessitates of investigating the truth, it might have to violate the individual freedoms, for it is not seeking to violate any rights except when the legislator has provided it with guarantees. .In a narrowed standard of the crimes, it must not call for an arrest unless the accused has given enough guarantees to show up , as well as thegeneral Prosecution will take care of the victim rights via allowing the victim the right by applying a complaint in the penal case .As on the level of primary investigation, we find out that it is playing very significant roles , that contribute in providing the necessary guarantees for human rights of the accused , in this level by way of reporting the investigation judge , and by taking charge of the investigation duties in limited situations , and by having presented the special procedures of the primary investigation .We touch upon an extension in its role too , in the level of the trial , it is the perfect supervisor over what the legislations have provided of a fair trial as a guaranty , whenever the court has issued its decision , it has the right of appealing it , if the decision of the court was absolute , it will supervise the acting out of the decision within what the legislator has decided if a problem existed in the decision , stopping the decision will be ordered in response of what humanitarian necessities have presented

احكام استخدام الادارة للقوة في مواجهة الاضطرابات العامة حماية للنظام العام : دراسة مقارنة == The provisions of the administration's use of force in the face of Protection of public order public unrest (A comparative study)

Author name: حيدر علي حسين علي العقابي
Supervisor name: محمد علوم محمد علي المحمود
General topic: Law
Specific topic: Administrative Law
Degree: Master
University: University of Baghdad - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Baghdad
First pages:
Abstract: Aims administration when used for measures to control administrative to protect public order from any threat to him and force fall within the scope of the measures used by the administration to address the public unrest and notes that force a general concept and wide and found a number of linguistic definitions and jurisprudence have the legal Chiad did not exist only a few definitions did not means the Iraqi legislature defining force in spite of frequent appearance in the different legal texts, divided the forceused by the administration to two or two - fold, namely physical force, which includes a firearm and beatings with hands, sticks and other species have, and the second type is the moral force that relies on intimidation and coercion Cglq websites or confiscation of inciting terrorism or declare curfews in a particular area and other images of this force newspapers As the administration the authority to use force, but exceptionally so multiple or departments High varied use of force which is divided into departments from AUTHENTIC its use of force authority is the core competence and To Administrations of Dolly the original departments and be authorized to use force and also its example form the popular crowd, and noted that some of these departments use force and exercise their duties without that there should be a law regulating it or no law, but it is old and brief a Madeana to search it and the enactment of these departments to the importance of that in the practical application, the function of the administration is to protect public order, traditional and nontraditional its various components.And that the administration the authority to use force based on the number of legal bases which confers the status of legitimacy on the use of force is the famous legal basis for the authority of the administration to use force, and the ramifications of this foundation to a national basis and an international basis, the national and the foundation is intended to constitutional provisions in constitutions and legal texts in texts of various laws, regulations and instructions in addition to the judicial foundation of any decisions and judgments issued by national courts of the states, and the international foundation stems from international treaties and conventions and international conventions and declarations on human rights as well as international organizations, decisions such as the UN security Council and the General Assembly of the United nations. It is noted that the administration has no right to the use of force is permissible and absolutely always but should have to abide by a number of principles on which authority control when the use of force in order to ensure they do not exceed or arbitrariness in the use of force and these principles are many and varied What matters within the scope of our research three principles, namely, (doctrine of necessity use of force and the principle of proportionality and the principle of gradient) . The restriction to these principles is when do or provide the cause of the reasons for the authority of the administration to use force, it is without a reason zero, the use of force the authority of these reasons is the engine or generator President the authority of the administration to use force, and this causes the demonstrations illegal graduated from the scope of the project within the scope of the act Muharram or criminal, and terrorist activities and actions that move and the duty of the administration to prevent and control as well as the attempted coup against the regime in the country or change its constitution or system of government in the state and riots and many other of these reasons, and thus should be noted that the use of force in the face of demonstrations is exceptional from the original Contrary to public acts and terrorist activities and the attempted coup or attempted where it is a major and direct reasons for the use of force on the one hand the administration .And abuse or exceed their men represented by the use of force administration moves responsibility towards the damage caused by the use of force and this damage may be human lives may be money movable or immovable This responsibility knows of responsibility based on the law So artena after this study to the division of this research to the door and every door divided by into two classes, where we have dedicated the first section of the statement of the concept of power and the basis of the authority of the administration for use in Iraq and comparative law, and in Part II of the statement of reasons for the administration's use of force and the principles of the ruling in the Iraqi law and Almqa

عقد تامين المشاريع النفطية : دراسة مقارنة == Insurance contract for oil projects Comparative study

Author name: بشرى رضا محمد عبد الله
Supervisor name: راقية عبد الجبار علي
General topic: Law
Specific topic: Commercial Law
Degree: Master
University: University of Baghdad - Faculty Of Law
Language: Arabic
University location: Baghdad
First pages:
Abstract: The governmental institutions in charge of the management of oil operations in Iraq did not have the necessary interest in insurance on oil projects the last century, hence most oil contracts came void of texts binding the contractor that he must have an insurance coverage against risks accompanying the oil industry, especially when the highest risks are a feature inherent to this industry more than other industries. This is due to the nature of the circulating materials in it and their capability to quick burning and complicating the manufacturing operations which require caution when dealing with them at all stages starting from the upstream, i.e. the search stage, and drilling and then extracting oil until reaching the downstream stage and sending the product to the consumer.Despite the existence of legislative texts that oblige the contractor, who is responsible of the operations of executing governmental projects, to have an insurance coverage on the finances existent in Iraq against risks to which they may be exposed, these laws are only considered in construction contracts rather than drilling and extraction contracts. Yet, foreign companies working in the mentioned field were insuring their projects for they realize its importance to preserve the project capital and their adherence to their States' laws as well as the existence of widespread markets in this field.However, at the beginning of the present century the insurance movement became active after many governmental institutions saw the importance of insurance in the domain of oil industry, being the optimal manner to insure the project's execution course if the risk insured against occurred, and the caution of big loss to which the project may be exposed. The presence of insurance makes both parties of the contract and the other, who will be exposed to damage due to that industry, feel safe and secure.Insurance is not only confined to compensating the loss, but its field also extends to studying the risk causes, putting solutions, making procedures that prevent and limit the occurrence of the risk insured* ***********************************************************Abstract)B ( الصفحةagainst and the preclusion of its aggravation by risk management. Despite the citation of texts in the oil contracts on the necessity of covering the oil project, yet due to the weak staff specialized in insurance processes in the oil governmental institutions and the ignorance in legal texts organized to insurance works, the items in those contracts came with unclear features in that the beneficiary of compensation value is not defined and also the contractor's responsibility in this respect is not defined.Those projects are characterized by their high cost which as a result leads to high loss scale if the risk occurs, and in turn to high compensation amount of money. Thus, the foreign companies executing oil projects should search for means of protecting their capitals by having an insurance coverage against the risks possible to occur so as to secure the compensation for the losses that may occur due to accidents.Therefore, we preferred to search in the topic of the insurance contract of oil projects through shedding the light on the characteristics of this contract and the most important documents that cover the risks of oil projects, the means and ways of settling the demands and claims of compensation at the occurrence of loss as well as the ways to solve and settle disputes.

الحماية المؤقتة للعلامة التجارية : دارسة مقارنة == The Temporary protection for trademark A comparative study

Author name: بان علاء عمر محمد
Supervisor name: حسين عبد القادر معروف
General topic: Law
Specific topic: Commercial Law
Degree: Master
University: University Of Basrah - College Of Law And Politics - Department Of Private Law
Language: Arabic
University location: Basrah
First pages:
Abstract: Temporary trademark protection is intended to preserve the right to a trademark when by it is concerned with the protection of trademark ownership when Paired with a certain period of time, which varies according to the circumstances in which such protection is legislated, or that may protect the trademark from any imminent attack Or maintained evidence from abuse or aggression when it's occurs, when it takes the form of procedure taken quickly. The importance of the research is that it discusses one of the subjects of intellectual right, which is a trademark that is especially important because of the diversity of these marks that distinguish products and services and gain specialty distinguish them from others, as the attack on the right of the trademark is of a special nature, As entail the damage is not limited to the owner's profits and sales, but may damage the value of the trademark and its moral reputation. The temporary protection of the trademark has it's own Provisions. It has not been directly covered by legislation. The Iraqi legislator has dealt with the provisions of temporary protection sporadically between the texts, making it difficult for us to establish a specific framework for such protection or to adopt a clear idea of it. The problem of research is to clarify the situation of Iraqi law on the establishment of this type of protection and it's domain in object and procedure, and the extent to which this protection coincides with developments at the legislative level in the developed countries that adopted this type of protection, And we will try to answer all these questions in the folds of this research. In the research methodology we will use the comparative analytical method. We will divide the research into two chapters, the first chapter of which isSummary…………………………………………………………………………………………………………..bspecified to the study of the definition of temporary protection of the trademark. We divided it into two topics : The conception of temporary protection for the trademark (first topic)' types and conditions of temporary protections (second topic).The second chapter is specified to temporary protections means for the trademark which divided them into two topics, temporary substantive protections means of the trademark (first topic), temporary procedural protections means of the trademark (second topic). One of our most important findings and recommendations is that temporary trademark protection seeks to preserve the right to a trademark when it is concerned with the protection of trademark ownership when coupled with a certain period of time, which varies depending on the circumstances in which such protection is initiated, On the brand of any imminent attack or keep evidence of aggression when it occurs, when it takes the form of actions taken in a hurry. We recommend that the Iraqi legislator in the Law on Trademarks designate a temporary protection section for the trademark that includes the text of the forms, terms and means of such protection

الدفع بوجود اتفاق التحكيم : دراسة مقارنة

Author name: انوار محمد هادي
Supervisor name: منقذ عبد الرضا علي الفزدان
General topic: Law
Specific topic: Civil Procedure Law
Degree: Master
University: University Of Basrah - College Of Law And Politics - Department Of Private Law
Language: Arabic
University location: Basrah
First pages:
Abstract: Arbitration is a specific system of litigation under which two or more parties agree to settle their civil, commercial and executive disputes outside of court. Such an agreement has two main aspects; positive and negative. In the first, parties agree to settle their disputes by using arbitration, while in the second; the agreed parties shall not resort to ordinary courts for dispute settlement. Consequently, all conflicting parties and court shall adhere to such an agreement. For example, if either party violates this agreement and resorts to legal proceedings, the court shall reject his claim after having ascertained of a correct arbitration resolution attaining all requirements; yet the court does not refrain from looking the case freely. The beneficial party shall adhere to this arbitration agreement through defence called defence by arbitration agreement, as a technical method of taking effect the obligatory positive aspect agreed upon by laws, which recognize the system of arbitration, but it did not determine a precise concept of this kind of defence; however, this is not considered a deficiency in legalization because minutes and definitions are not set forth therein in the content of the law. It is a deficiency on the party of jurisprudence, which has not determined a certain concept of this defence. It is thought that it is attributable to the difference over the nature of this defence, which is not only limited to the jurisprudence, law but also to and jurisdiction. Laws in comparison differentiate about the nature of traditional defences provided in procedural laws and considering it a certain defence. Defence with arbitration resolution is considered an application of estoppels, which means in jurisprudence prevention of contradictions in acts and sayings. So, either party violating an arbitration agreement, shall be forbidden to take any measure that does

المسؤولية الانضباطية لعضو مجلس المحافظة : دراسة مقارنة == isciplinary responsibility of member of local councils - comparative study

Author name: احمد عبد الله خلف الكناني
Supervisor name: وليد خشان زغير الموسوي
General topic: Law
Specific topic: Constitutional Law
Degree: Master
University: University of Thi-Qar - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Dhi Qar
First pages:
Abstract: That the provincial councils perform their functions requires a great deal of responsibility and awareness of members, which requires the activating the self - censorship of these councils over its members as the tool that expresses the will of the council. The disciplinary responsibility is one of the most important tools for activating the self - censorship of these councils. Membership, the member may commit administrative, civil or even criminal liability. Therefore, disciplinary accountability is one of the most important pillars of the service systems in the world, because it aims to maintain order within the Council and the impact on the functioning of the Council The local supervisory and legislative work of these councils, since the member's commitment to his duties and dedication to the public interest has become one of the objectives through which the Council can perform its functions and provide its services to the fullest.There were several reasons that led to the selection of this study, including the lack of studies in the disciplinary responsibility for members of the provincial councils, showing the face of inadequacies in the disciplinary system, so addressed the subject of disciplinary liability of a member of the provincial council in the light of each of the Iraqi discipline system contained in the law of provinces not organized in Region No. 21 of 2008 amended, and the Egyptian disciplinary system in the law of the local administration system No. 43 of 1979 amending.We divided the study section primer and three chapters, we dealt with Definition local council irregular in the province ,and dealt with irregularities disciplinary of the member of the provincial council in the first chapter, and dealt with the explanation of disciplinary punishments in Chapter II, Chapter III was allocated to discuss Disciplinary safeguards for faculty of the member of the provincial council.We concluded with a final result that weak legislative treatment of the issue of disciplinary responsibility and its ineffectiveness in the law of governorates that are not organized in the amended region No. 21 of 2008, or rather the lack of a complete disciplinary legislative system concerned with the statement of disciplinary penalties for violating the system of hearings and penalties for violating the rest The duties and prohibitions of membership, the procedures for imposing such penalties, and the provision of adequate guarantees of investigation, reasonableness and proportionality between the disciplinary penalty and the violation committed by the member and ending with the grievance and judicial appeal. Party consensus and its impact on activating disciplinary accountability. B As we have reached legislator Iraqi inter of recommendations the most important of which need to establish a disciplinary system for the members of the provincial councils instead of relying on the individual treatment of The internal regulations of the provincial councils and their deficient treatments, through which the investigation and investigative committees are used to prove the violation committed by the member when the subject of his dismissal from office Membership, rather than questioning, for several reasons including that the investigative committees are more specialized and deeper in verifying the availability of the reasons for the dismissal (dropping membership) or not, in addition the interrogation is carried out by the Council itself. Either the member belongs to the majority of particular party it takes them to be lenient with their colleague or if the member belongs to an opposition party the decision to drop membership in the hands of the ruling party is based on political considerations that are more consensual than the member committing a sin or a career fault. Thus denying justice and depriving the punishment of its intended purpose of assessment and deterrence.

الاليات الدولية لاسترداد الممتلكات الثقافية : دراسة تطبيقية على الممتلكات الثقافية العراقية == International mechanisms for the restoration cultural property an applied study on the Iraqi cultural property

Author name: علي وطن عنيد عاتي
Supervisor name: محمد ثامر مخاط السعدون
General topic: Law
Specific topic: International Humanitarian Law
Degree: Master
University: University of Thi-Qar - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Dhi Qar
First pages:
Abstract: The study dealt with the definition of the concept of the recovery of cultural property, in accordance with a precise presentation of the most important international conventions that defined this concept. It then proceeded to put forward the principles governing restitution, especially the principle of international law, the principle of territoriality and their impact on the principle of restitution. In view of the existence of formal and objective conditions to complete the implementation of this principle, while acknowledging the existence of criticism of each of these conditions, which may lead to the release of the condition or the whole subject of its content, that the suspicion of Iraq from the illegal trading of cultural property and difficulties In restitution This shows the multiplicity and diversity of means of recovery, which shows the urgent need to indicate the way for governments, organizations and stakeholders to contribute to the recovery of Iraqi cultural property by determining the mechanisms that can be followed for the recovery of such property, in the chaos of legislation and the lack of knowledge of the mechanisms and means that Through which the Iraqi state can restore its lost heritage as the international legislations concerned have agreed on the right of Iraq to recover its cultural property through national and international means. The legal necessity is to activate the UN Security Council resolutions and regulations. Competent in order to prevent the trafficking of Iraqi cultural property and work to bring it back, and the conclusion of bilateral agreements in order to recover as much as possible from our property located abroad, because some states provide for the need for reciprocity, in order to overcome the obstacles facing the recovery process.

الحماية الجنائية لسلامة الملاحة البحرية للسفن : دراسة مقارنة == Criminal Protection For the safety of maritime navigation of ships

Author name: رنا عبد الرحيم مردان
Supervisor name: محمد علي عبد الرضا عفلوك السلمان
General topic: Law
Specific topic: International Criminal Law
Degree: Master
University: University Of Basrah - College Of Law And Politics - Department Of Public Law
Language: Arabic
University location: Basrah
First pages:
Abstract: Pat terrorism widespread phenomenon knew no boundaries can limit its scope, the transmission of the scourge of the land to the sea, to threaten the interests of the countries through compromise its security and safety as well as the threat of maritime trade, since compromising the integrity of the safe navigation of ships while sailing became obsessed with fear and anxiety threatens international trade in which the maritime constitute the bulk of national income economies, prompting the international community to stalking to suppress this phenomenon, the criminalization of all illegal acts that affect the safety of maritime navigation of ships planned serious criminal sanctions through legal provisions into national legislation That Iraq is one of those countries that keen on navigation safety of ships maritime terrorist acts threatened her, one of the parties was to ratify the Convention on the Suppression of Unlawful threatened the Safety of Maritime Navigation of 1988, but the problem is sometimes that Iraq, despite its accession to the International Convention of the Organization of navigation marine (IMO), but he did not issue any special legal legislation the safety of maritime navigation after the ratification of the Convention for the criminalization of terrorist acts contained in the Convention and ratified by Iraq, and at other times we find that Iraq has so far lacked a maritime law regulating the rules and provisions of maritime navigation and everything related exploitation sea, in addition to the cancellation of the Iraqi government in the final phase of the days of the US occupation of a number of laws relating to maritime navigation as a law Maritime Authority, as well as inadequate prescribed nationally in pass criminal protection of the safety of maritime navigation of ships and integrated level required by the international Organization for the safety of Maritime navigation criminal legislation . In front of this importance was the motive in choosing the subject of criminal protection for the safety of maritime vessels and its search navigation following the curriculum induction and analysis of the legal texts with the help of the cited legal texts of other nations, and to find out the criminal protection of the safety of maritime ships navigation details will divide my research in accordance with the structure based on three chapters, the first of the concept the safety of maritime navigation of ships, which includes the first two sections allocated first to introduce the safety of maritime navigation of ships, The second was the legal framework for criminal protection of the safety of maritime ships navigation, and dealt with in the second chapter of criminal protection for the safety of maritime navigation of ships, divided separation models for the two sections is also the first annexation of offenses against the safety of the ship and marine facilities, while the second section was for crimes urgent safety of people and protecting the marine environment. The third chapter annexation of the legal implications for offenses against the safety of maritime navigation of ships, divided the class into two sections, the first dealt with the criminal responsibility for offenses against the safety of maritime ships navigation, while the second section has reviewed the international responsibility for offenses against the safety of maritime navigation and the sanctions resulting from it, then followed the conclusion I have reviewed them what our findings and recommendations on the subject of the study

فكرة التعويض العقابي واثرها في المسؤولية المدنية : دراسة مقارنة == The Idea Of Punitive Damages & Its Effect On Civil Liability (Compararative study)

Author name: مها ناجي جاسم
Supervisor name: ظافر حبيب جبارة
General topic: Law
Specific topic: Civil Law
Degree: Master
University: University of Thi-Qar - Faculty Of Law - Department Of Private Law
Language: Arabic
University location: Dhi Qar
First pages:
Abstract: Compensation shall always be proportionate to the damage caused by the defendant. Therefore, one of the conditions for compensation is to be equal to the damage. Punitive damages, on the other hand, does not consider the damage to the extent that it considers the mistake. Punitive damages is an exception of the principle of full compensation, for it aims to punish the perpetrator and deter others from doing the same thing. A punitive damages was created by British Common Law. It is described as one of the features of the British judiciary, for the British legislator realized that there are legal cases in which the compensation does not adress the justice. Therefore, the perpetrator deserved more than just a compensation for causing damage, but he must be getting a punitive damages. Meanwhile, this act did not reach the level of crime, which is punishable under the liability system in the criminal law; thus, it was necessary to invent a punitive damages system. Aware of the shortcomings of the civil liability system in some cases, this legislation has legitimized this type of compensation in order to impose it on any reckless behavior that conducted by the defendant, rather than to compensate the plaintiff. Courts believe that composing the plaintiff for the actual damage that he suffered of is insufficient and that the defendant must be punished financially as a result of his bad behavior, and deterring anyone who intends of committing similar behavior in the future. For the purpose of the subject , We divided our research into two sections, In the first chapter, we discussed the concept of punitive compensation and its distinctive characteristics. In the second chapter, the subject of punitive damages in English law and the problems raised by the subject of the research, and we devoted The second of the field of application of punitive compensation in Iraqi law divided into two chapters, we discussed the field of application compensation punitive in the Iraqi judiciary as the first chapter, and allocated the second chapter to the field of application of punitive compensation in Iraqi legislation.

التنظيم القانوني لعقد الدلالة في التشريع العراقي : دراسة مقارنة في ضوء قرارات محكمة التمييز الاتحادية == Legal Regulation Of Brokerage Contract In Iraqi Legislation A Comparative Study In The Light Of Decisions Of The Federal Court Of Cassation

Author name: احمد عكار نزال
Supervisor name: ظافر حبيب جبارة
General topic: Law
Specific topic: Civil Law
Degree: Master
University: University of Thi-Qar - Faculty Of Law - Department Of Private Law
Language: Arabic
University location: Dhi Qar
First pages:
Abstract: Brokerage works have a distinct position in economic life, given the need of people, from traders and others, to who is looking for someone be a party to a particular contract, and he shall intervene, as appropriate, in the negotiations necessary for its conclusion, and this is the essence of a broker's work.The broker in this case is doing just a physical act, so he do not conclude the contract which he has mediated on behalf of his client, neither in his name, nor in the name of his client, which is a work exercised by the broker freely, and independently, for his own account, without being subordinate to his client. The Broker's undertaking to work on facilitating the conclusion of the transaction that the Client wishes to complete creates a legal relationship, regulated by a contract, called the brokering contract, it is one of the specific consensual bilateral contracts, which gained a commercial character and entered in to the scope of nominated contracts after the legislator assigned out to regulate its provisions in a special law, namely the Brokerage Act 1987.Although the general rule, is the liberty of will to conclude the contracts, but the Iraqi legislator, preferred to restriction this will to a large extent, whether in the liberty to choose the person who take over the task of mediation of, or in the liberty of arrangement of obligations arising from the contract, as the brokerage is not permissible for all those who wish to practice it, because the law restricts its practice to people of integrity from Iraqis, who have completed the twenty - fifth year of age, and must be fulltime to practice in a commercial place, after getting a commercial name, and obtaining a permit from the competent authority. These conditions of public order, violation of them shall result in invalidity of the contract, and depriving the party pledged in brokering of any right to commission or indemnity resulting from the impossibility of returning the situation to what it was as a result of nullity. In spite of the ordinary terms of brokerage contract which imposes parallel obligations on the contracting parties, the Iraqi legislator obliged the broker to perform the transaction faithfully, as well as the Iraqi legislator obliged him to keep maintain the documents relating to the transaction. The breach of theses duties involve the broker's criminal and civil responsibility.,On the other hand, the Iraqi legislator determined a fixed amount for the remuneration of broker, which the contracting parties can not be agree to the contrary, and he restricts its entitlement by two conditions : concluding of contract which mediated by the broker, and the existence of a link of causality between this conclusion and the broker's efforts, in which, without these efforts, the contract would not have been concluded. But the practical application of the rules governing the remuneration of broker, showed two problems, led to the prejudice towards broker, to the extent that his rights were wasted.The first problem, Relating to broker's remuneration in scope of formal contracts, however he deprive of his remuneration for just undoing completion the formality required by law by one of the parties, the Courts embed this prejudice, by depriving the broker of any compensation for his efforts to conclude the contract, without a legal justification.The second problem relates to the official tariff, which is no longer compatible with the value of transactions that broker mediates in their conclusion, due to the devaluation of the Iraqi currency, compared to its value at the time of the enactment of the law, who as appointed the ratios, on the basis of which the broker's remuneration, and must not exceed one thousand and five hundred dinars, exceeding the commission of the broker, the maximum limit of the remuneration, is considered a criminal offense and administrative, resulting in a fine and the withdrawalof this permit.However, the Iraqi judiciary has subjected the broker's remuneration to its discretionary power, based on a general principle that decides the possibility of changing the provisions, which based on custom or interest, if that custom or interest changes in view of the requirements and variables of life. Undoubtedly, the texts that organized the broker's remuneration, were put in the interest represented by, the reducing the overvaluation, this interest has changed by changing the value of the currency, thus, the Official tariff became an inappropriate standard to exaggeration, on the contrary, it has become a trivial amount, not commensurate with the transactions that are determined according to their value.

مسؤولية المورد المدينة عن مخاطر نقل التكنولوجيا == Civil Liability For Risks of Technology Transfer

Author name: عبد الحسين لوكي زاجي
Supervisor name: طارق كاظم عجيل
General topic: Law
Specific topic: Commercial Law
Degree: Master
University: University of Thi-Qar - Faculty Of Law - Department Of Private Law
Language: Arabic
University location: Dhi Qar
First pages:
Abstract: In the technological world we live in, transfer of technology is of great importance. Technologies transferred all over; from an advanced and industrialized country to a poorer developing country, from a developed country to another developed country and among firms in a developed market. The primary means of technology transfer is by imitating and making copies, which are sold on to purchasers. However, there are cases, as I will discuss further, where copying is impossible, or other cases where copying is prohibited. In those cases, technology transfer involves contracting. Agreements of technology transfer may have several methods. For example, license agreement, supply agreement for products protected by intellectual property rights, technical assistance agreement relating to the training needed to use a specified technology and acquisition of a technology based firm.One of the most new dilemma in the 21th century is the rising of technologies, and these type of modern human innovation have a complex side at its invisible hazardous, by its waste or the products that made by using of technology.That mad there is Avery important challenge in some new technologies as well as the flowing : - 1 - Biotechnology, refer to classic bio technology, and nanobiotechnology2 - Nanotechnology, means the nanorobots technology and nanomaterial technology, that deal with atoms and all tiny thing, Nanotechnology has marked its presence in various fields of science and technology. After the first and second generation nanotechnology applications it has open up the door for the possibility of applying in almost any sector of science and technology. Thus with its progress into diverse sectors, it's uses and applications are also diverse, serving a wide range of purposes like food, health and fitness, electronics, medical. Nanotechnologies refer to “technologies of the tiny”. They span domains as diverse as computing, material science, medicine, energy production and storage, etc., bring together fields as varied as physics, chemistry, genetics, information and communication technologies, and cognitive sciences, and should become virtually ubiquitous before long.Nanotechnologies are with us already. Indeed, consumers are already being offered products manufactured with nanotechnologies including cosmetics, clothing, and sporting goods. But, while technology and market analysts alike expect the very small to become very big, nanotechnologies are still emerging.3 - Informationtechnology, the important of this technology is appear at individual actives but it our info at a general web, for that reason it must be regulated in Iraq, By regulation of transfer of technology. As follow : - Bi - Simply put, technology transfer is the process by which a technology, expertise, knowhow or facilities developed by one individual, enterprise or organization is transferred to another individual, enterprise or organization. Effective technology transfer results in of a new product or service or in the improvement of an existing product or process.Depending on the nature of technology and the capacity of the recipient, the process of technology transfer may be simple and straightforward but usually is iterative, collaborative, and fairly complex. In the latter case, it may require the users to acquire new information and skills and change old habits and ways of doing things.ii - It may even require changes in the technology being transferred, to improve the chances of “fit” and optimal performance in the new situation. Technology transfer may happen from country to country, from industry to industry, or from research laboratory to an existing or new business. It may be facilitated by financial or other types of assistance and support that may be provided by government or other agencies at national, regional, local or institutional levels. This article deals with issues such as how is technology transferred; what are the main types of legal contracts for the transfer of technology and what will determine the type of agreement that is entered into by the two parties involved in the technology transfer.The creation or absorption of new technology has become a vital component for companies to improve or maintain their competitive position in the market place. Companies operating in sectors where competition takes place on the basis of price alone, such as the extraction or commercialization of raw materials, may rely on new technologies to improve their efficiency in the extraction of raw materials by improving their productive processes or acquiring new machinery and equipment. They may also use new technology to better commercialize their products or to improve their management structure, control and communication.In other sectors, where the market evolves incessantly as new products with new functions or designs appear on a regular basis, companies are forced to innovate by acquiring or developing new technologies. Technological innovation is therefore a crucial element ofiii - the competitive strategy of any enterprise, big or small, high - tech or low - tech. The ongoing integration of domestic and international markets through continuing deregulation and liberalization of markets has enhanced competitive pressure for all firms, and especially increased the technological needs of small enterprises worldwide while also improving their access to new technologies and capital goods.iv - technology in - house or to obtain it from others. While investing in technology creation may be expensive and risky, as there are many uncertainties linked to the innovation process, it has the advantage ofCpreventing technological dependence on other companies and enables the company to enhance its technological capability and to innovate according to its own specific needs.IN briefly and a finally viewing A technology transfer is any transaction which involves the acquisition of, or the right to lawfully use, specified intellectual property assets developed, owned, and/or controlled by another. Depending on the circumstances, such a transaction will involve not only the intangible legal rights associated with the specific assets, but also will require a transfer of the relatively tangible technology and other confidential information necessary for the legal rights to be properly used and exploited. Simply put, technology transfer is the process by which a technology, expertise, knowhow or facilities developed by one individual, enterprise or organization is transferred to another individual, enterprise or organization. Effective technology transfer results in commercialization of a new product or service or in the improvement of an existing product or process.Depending on the nature of technology and the capacity of the recipient, the process of technology transfer may be simple and straightforward but usually is iterative, collaborative, and comple
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