اسم المؤلف:
انور محمد علي حميد القرعاوي
اسم المشرف:
احمد شاكر سلمان الجراح
المستخلص:
Depending on the high status , And the holiness of the jurists and the law. enjoyed by the holy shrines , As religious and cultural sites , And the containment of the pure bodies of Ahl Albait (peace be upon them) , It has been associated with the hearts of millions of Muslims , From all over the world , And they are already on the sanctuary of these holy places , And compete to provide them with financial tender , Cessation or vow or bequest or gift... , For this reason, the funds of the holy shrines have become the subject of the research and attention.The succession of previous governments, and their differences in the holy sites, according to their political orientation, have had a significant impact on the organization of the management of their funds, the extent to which the holy sites have reached the current stage, the development of expansion and construction, and the provision of services to visitors and citizens in their basic life. The legislation in force regulates the management of the sanctuaries , determines its financial resources and assigns its administrative functions toa department that operates in accordance with Shari'a and legal rules and under the supervision , and supervision of the supreme religious authority. The increase in the activities of the holy shrines, in various fields, makes them need legal regulation toregulate the movement of these funds, and enables workers to manage these sanctuaries to organize their affairs and carry out the functions and tasks assigned to them.In order to shed light on the issue of legal regulation of the funds of the holy shrines (the sanctuary of Imam Abbas as an example ), the concept of the funds of the sanctuary , the provisions of the management of funds, the control exercised on the management of these funds, the legal protection of these funds, The sanctuary of Imam Abbas is a model whose financial organization is the broader and more comprehensive organization than the other thresholds. To outline the subject in detail, we will divide the thesis into two chapters.In the first chapter, we will discuss the concept of the funds of the Holy Sanctuaries and their provisions. We will explain the definition of the Holy Sepulcher funds, the legal development of the management of these funds, the legal nature of these funds, and access to the provisions related to the management of these funds according to their categories. Of spending, access to the budgets included in sanctuary , and the extent to which they relate to the federal public budget of the state.The second chapter will be devoted to the subject of the supervision of the holy sites funds and their legal protection, through which we will show the extent to which the funds of the holy sites are subject to self - control.These are the internal control system, the internal control exercised by the members of the executive authority against the funds of the holy sites, and control of independent councils. We will also demonstrate the protection of administrative legislation, criminal protection and civil protection of funds of holy sites. We conclude this thesis with a number of conclusions and recommendations which we have reached through our discussion of the subject matter of the thesis.
اسم المؤلف:
شيماء سعد مجيد
اسم المشرف:
عباس علي محمد الحسيني
المستخلص:
when Media Establishments are practicing their various activities , they may attach damage to others, which leads to civil responsibility whether it was negligent or contracting responsibility by compelling them to compensate the affected.The study aims at providing more protection to the affected due to media establishments work whatever their entity was through viewing the practical reality path of these establishments on the general and special principles and rules in Jurisprudence, legalization and laws which requires conducting personal interviews with specialists in media work and some editions issued by media establishments.The important of legal study and the reasons for choosing the topics were manifested in the rapid development of media activity with the different ways , and its intervention in the functions they have the great importance in the community , its represented with Indicate public opinion , to dissemination of culture among the public , deliver the news to them , Through the media institutions that manage these activities and supervised on , this activity and his institutions have a lot of rights and freedoms that should be employed to achieve the functions and tasks referred to , however, these institutions may deviate from the borders drawn to those rights or arbitrarily in use , which should make a real balance between the right of media institutions in the using of their activities and the people's right to preserve their rights , such as not compromising them dignity or expose their privacy otherwise the inflicted damage that they have will requires Legal liability for the media organizationsaccountable for. and we will show the most important points that can be show the importance of research on the subject and the reasons for this choice : 1 - Study civil liability of media organizations have not been cared by scholars of civil law , It all focused their concerns on the study of civil liability for journalists employees and non - employees in these institutions , as well as limited studies of some of the media , that is why we found it appropriate and necessary that this care have to extends to the responsibility of the various media institutions and media engaged in a variety of activities, to find out the concept and provisions , to completing the idea to the reader without having to be incomplete or fragmented.2 - Although this subject as shown in practical problems caused by media organizations to engage in activities , however, it is clear that the advent of the provisions of civil laws general formulas are free from private texts facing civil liability in question - this is not a defect in it - In terms of these laws that legislators want them to be general laws apply to everyone and accommodate new ones in the future , , which requires a stand at these texts and find out their suitability for the organization of civil liability for media institutions and absorbed all its provisions , or they need some development where, sometimes amendment, interpretation at other times. That is what this study seeks. The issuance of special legislation dealing with provisions important aspects of activity of media organizations and press or radio or television requires a stand at the texts, analysis and what can be provided upon the support or modify them or claim the legislation of other texts to accommodate some of the molecules that are in dire need of intervention of the legislature in organized.3 - Starting from the importance of what we have said, the judiciary has sought his part to take advantage of some of the current legal provisions and undertakethe task of broad interpretation to each other as who is appointed to keep up with that seen in the facts before him daily of the evolution and acceleration in the use of techniques that damage to others, until he realized that it is appropriate that there should be a private publishing and broadcasting courts be closer to this reality , and he had what he wanted, where has introduced some of these courts, particularly in Iraq which requires stand at how to handle the judiciary of such facts in the general trial orspecialized.4 - In addition to the above, the strong desire for us - and we are working on the side of these media institutions - to take advantage of our media to diagnose what can be diagnosed , , And stand at the stations that require to stand on them daily, in order to offer it to provisions of the law until we see the extent of the commitment of media organizations the legal for conduct of its business , and if we had scored - with regret - lack of cooperation by some media organizations, including private and official in brief us on some of the contracts concluded by the which is an important source of civil liability of these institutions in general and in particular contractual responsibility with.The significance of the research is manifested in the technical and scientific development in the field of media activity on which these establishments are based and the immense openness the world witnesses in general and Iraq in particular in the field of media work.We tackled the subject of this research through a preliminary research in which we viewed the concept of media establishments within two chapters : in the first one , we searched the concept of civil responsibility of media establishments. We devoted the second one for the civil responsibility rules of media establishments.
