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

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

الحقوق التقاعدية في التشريع العراقي : دراســة مقارنة == Pension Rights In Iraqi Legislation (Comparative Study)

Author name: جميل مهدي محمد وسـين
Supervisor name: علي احمد حسن اللهيبي | حيدر وهاب عبود
General topic: Law
Specific topic: Administrative Law
Degree: Master
University: Mustansiriyah University - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Baghdad
First pages:
Abstract: First : - the subject of research and its importance : - The pension rights over the images and various forms, like other social rights of his ideas of social and economic concepts and theories that dominated the world over the years, and thieves pension systems means not only to achieve the social security of the individual, but also to achieve political and economic goals, and through income redistribution National, and the resulting effects on production, consumption and savings and development, as there are undeniable fact is that the pension rights is seen as crucial for the protection of the right of an employee who exterminated his youth flower in public office and make all his energies and abilities physical in order to fulfill his tasks completed service face and that in order to achieve the public benefits of the entire interests of society must at the end of the career service that one finds harvest what planted all these years and is this harvest security provided by the state after the end of the time period he spent in public office of any provision of livelihood and life carefree, even for the most part This is Isthsalh retired or monthly cash bonus to allocate the amount of money delivered to him at once. The aim of the study to try to gain access to the answer to the question, how Iraqi legislation addressed Mqana comparative legislation pension rights after it became legislation those rights necessary supplies era.This study serves as a modest contribution in the statement of the legal aspects of the subject, the study compared with some countries, IRRI (France - Egypt - Jordan - and other countries) to take advantage of their experience in this area.Second : the problematic issue : - The research problem is the absence of a unified legal study or vision legislative unified establish or framing a general theory of the legal system that governs career and granting pension rights within the limits set by law, so the letter was an attempt of the researcher to draw a general theory or a comprehensive vision of those rights granted to employees.Third, the research methodology : For the purpose of access to the very research, and to reach conclusions and recommendations which are proposals to address the problem of the research style and approach to scientific Rezin was the analytical method and Comparative adoption of the search was to enrich Find decisions and opinions modern issued by the State Consultative Federal Court of Cassation Council also has the use of jurisprudence and legislation comparison to the enrichment research topics letter came to work briefing this subject from all sides, despite the scarcity of jurisprudence and judicial sources related to the search topic. Fourth, the research plan : - We have been divided into three chapters : the first of them set aside for a definition of pension rights and their types, and includes two sections of this chapter, the first of which was allocated to the statement of the definition of pension rights, and the second for the types of pension rights.The second chapter devoted to address pension rights and the rules of entitlement calculated, and This chapter contains two sections, the first of which was devoted to the issue of pension rights entitlement, and the second to deal with the rules of the calculation of pension rights.The third chapter was dedicated to discuss the issue of denial of pension rights and challenged, this chapter has been divided into two sections, the first of which we address in the denial of pension rights, while the second section Ventaul the appeal against the denial of pension rights.And then we finished our show Find a conclusion where the most important results that have been reached by the addition to the recommendations we have seen the need to take them with a summary in English, and the help of God and conciliation

رقابة الرئيس الاداري على اعمال مرؤوسيه : دراسة مقارنة == Chief Administrative Oversight To The Work Of His Subordinates Comparative Study

Author name: بيداء جبار احمد
Supervisor name: علي احمد حسن اللهيبي
General topic: Law
Specific topic: Administrative Law
Degree: Master
University: Mustansiriyah University - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Baghdad
First pages:
Abstract: تناولت هذة الدراسة رقابة الرئيس الاداري على اعمال مرؤوسيه، بوصفها من الوسائل الايجابية الفعالة اذا مامورست بكفاءة سواء كانت سابقة ام لاحقة، فالرقابة السابقة تؤدي الى تبصرة المرؤوسين في تادية اعمالهم على نحو امثل وذلك عن طريق توجيه الاوامر الرئاسية، اما | This study controlled the administrative head of the acts of his subordinates, as a means of positive effective if Mamorst efficiently whether an earlier or later, surveillance is the former lead to enlightenment subordinates in carrying out their work optimally, by directing orders presidential, either post - audit, they lead to make sure that private business subordinates carried out in accordance with the laws and orders directed to them, as well as the detection of irregularities and deficiencies in the work of subordinates and evaluating through to comment on the work of subordinates. It is recognized that the control exercised by the administrative head the acts of his subordinates are not confined to monitor the respect for the principle of legality not violating any laws and regulations only, but extends to determine the suitability of the administrative work. However, the control exercised by the administrative head of a border must be held on the appropriate laws and regulations, if the head of the administrative ordering presidential subordinates, and the commitment of subordinates to undergo her obedience, the obedience is not absolute, but differ as to whether legitimate or illegitimate. If the head of the administrative control of the subsequent acts of his subordinates and manifestations and authentication solutions, modify, cancel and withdraw the decisions of his subordinates, but the authority to modify and cancel and withdraw the decisions of his subordinates are not absolute, but rather has its limits differ as to whether those decisions organizational or individual legitimate or illegitimate. The study concluded that the most important conclusion we explained the results and proposals.

تنفيذ العقد الاداري من غير المتعاقد مع الادارة == Executing The Administrative Contract By The Non Contracting Party With The Administration

Author name: انعام عبد ثجيل
Supervisor name: علي احمد حسن اللهيبي
General topic: Law
Specific topic: Administrative Law
Degree: Master
University: Mustansiriyah University - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Baghdad
First pages:
Abstract: The general principle in the special law in the field of the civil contracts is governed by the relativeness of the contract's effects, i.e. the effect of the contract is not valid for the non contracting parties, but this principle is different in the field of the administrative contracts as the effects of the administrative contract may be valid regarding the other when this last one executes the contract. The administrative contract is not executed in all cases by its parties as there are contracts not executed by the contracting party or it can not execute them without the interference of others, and this is confirmed by the practical reality. And the execution of the administrative contract by the non contracting party with the administration may be agreed by the contracting administrative entity or it is done without getting its approval, and despite that the other may execute the contract without the approval of the administrative entity, the law protected it to obtain its rights due to its administrative contract execution when certain conditions are available. And there are many forms of executing the administrative contract by the non contracting party with the administration; hence, there are many contractual relations and effects. But the study examined the most important practical applications for executing the administrative contract by the non contracting party with the administration, as it examined three practical applications which are : executing the administrative contract by the others due to work withdrawal from the contracting party when this last one breaches the execution of its contractual obligations as the administration transfers the contract to others to execute the obligations of the original contracting party.Also,the execution of the administrative contract by the non contracting party because of sub - contractiog when the sub - contractor (the other) contributes to the execution of the administrative contract which happens mostly when the works to be executed in the contract are various and the contract is divisible.Also, the study examined the form of executing the administrative contract by others due to assigning the contract as a result of specific circumstances encircling the contracting party that prohibit it from executing its contractual obligation.The study dealt with the subject's items under three chapters preceded by an introductory topic in which I examined the aforementioned applications and problems and their effects along with indicating the position of the judiciary and the jurisprudence of the studied countries
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