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الاختصاص في مسائل الجنسية ووسائل اثباتها : دراسة مقارنة == Specialty in Nationality Matters and its Confirming Means : Comparison Study)

Author name: حكم دحام حبو الجواري

Supervisor name: وسام توفيق عبد الله الكتبي

General topic: Law

Specific topic: Private International Law

Degree: Master

University: University of Al Mosul - Collage Of Law

Language: Arabic

University location: Mosul

First pages:

اثار اندماج الشركات في القانون الدولي الخاص : دراسة تحليلية مقارنة == Impact of The merger of companies into private international law: Comparative study-

Author name: احمد صباح غدير حسن

Supervisor name: عبدالله محمود الجواري

General topic: Law

Specific topic: Private International Law

Degree: Doctorate

University: University of Al Mosul - Collage Of Law

Language: Arabic

University location: Mosul

First pages:

عقد الرحلـة الســياحية في القانون الدولي الخاص : دراسة مقارنة == The Contract of Tourist Journey in the Private International Low (A comparative study)

Author name: مريم عبد الاله عبد الكريم

Supervisor name: بدران شكيب الرفاعي

General topic: Law

Specific topic: Private International Law

Degree: Master

University: University of Al Mosul - Collage Of Law

Language: Arabic

University location: Mosul

First pages:

تكامل مناهج تنازع القوانين : دراسة تحليلية مقارنة == Integration of methods of Conflict of Laws : A Comparative Analytical Study

Author name: خليل ابراهيم محمد خليل

Supervisor name: نواف حازم خالد

General topic: Law

Specific topic: Private International Law

Degree: Doctorate

University: University of Al Mosul - Collage Of Law - Department Of Private Law

Language: Arabic

University location: Mosul

First pages:

اثبات مسائل القانون الدولي الخاص : دراسة مقارنة == Proof the matters of private international law : A Comparative Study

Author name: وسام توفيق عبد الله الكتبي

Supervisor name: نواف حازم خالد

General topic: Law

Specific topic: Private International Law

Degree: Doctorate

University: University of Al Mosul - Collage Of Law - Department Of Private Law

Language: Arabic

University location: Mosul

First pages:

التزام البائع بالتسليم في عقد البيع الدولي للبضائع وفقا لاتفاقية فيينا 1980 : دراسة تحليلية مقارنة == The Obligation of Delivery of the Seller in the International Contract of Sale of Goods According to Vienna Convention of 1980 : Analytical & Comparative Study

Author name: نغم حنا رؤوف ننيس

Supervisor name: جعفر محمد جواد الفضلي | نسيبة ابراهيم حمو الحمداني

General topic: Law

Specific topic: Private International Law

Degree: Doctorate

University: University of Al Mosul - Collage Of Law - Department Of Private Law

Language: Arabic

University location: Mosul

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عقود التجارة الالكترونية والقانون الواجب التطبيق : دراسة قانونية مقارنة == Electronic Commerce Contracts & The Law Must Practice : Comparative Legal Study

Author name: سلطان عبد الله محمود الجواري

Supervisor name: جبار صابر طه

General topic: Law

Specific topic: Private International Law

Degree: Doctorate

University: University of Al Mosul - Collage Of Law - Department Of Private Law

Language: Arabic

University location: Mosul

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القانون الواجب التطبيق على سندات الشحن البحرية : دراسة مقارنة

Author name: خليل ابراهيم محمد خليل

Supervisor name: جعفر محمد جواد الفضلي

General topic: Law

Specific topic: Private International Law

Degree: Master

University: University of Al Mosul - Collage Of Law - Department Of Private Law

Language: Arabic

University location: Mosul

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مبدا المعاملة بالمثل في مجال المركز القانوني للاجانب : دراسة مقارنة == The Principle of Reciprocity In The Legal Status of the Foreigners : A Comparative Study

Author name: مراد صائب محمود البياتي

Supervisor name: جعفر محمد جواد الفضلي

General topic: Law

Specific topic: Private International Law

Degree: Master

University: University of Al Mosul - Collage Of Law - Department Of Private Law

Language: Arabic

University location: Mosul

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دور الموطن في الجنسية : دراسة مقارنة == the role of domicile in nationality : comparative study

Author name: ريا سامي سعيد الصفار

Supervisor name: جعفر محمد جواد الفضلي

General topic: Law

Specific topic: Private International Law

Degree: Master

University: University of Al Mosul - Collage Of Law - Department Of Private Law

Language: Arabic

University location: Mosul

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المركز القانوني الدولي للشركات متعددة الجنسية == International Legal Status of Multinational Corporations

Author name: طلعت جياد لجي الحديدي

Supervisor name: جعفر محمد جواد الفضلي | عصام عبد الرزاق العطية

General topic: Law

Specific topic: Private International Law

Degree: Doctorate

University: University of Al Mosul - Collage Of Law - Department Of Private Law

Language: Arabic

University location: Mosul

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اعتبارات العدالة في تحديد الاختصاص القضائي الدولي : دراسة مقارنة == Considerations of Justice In Determination International Judicial Jurisdiction : A Comparative Study

Author name: وسام توفيق عبد الله الكتبي

Supervisor name: جعفر محمد جواد الفضلي

General topic: Law

Specific topic: Private International Law

Degree: Master

University: University of Al Mosul - Collage Of Law - Department Of Private Law

Language: Arabic

University location: Mosul

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احكام التجنس في قانون الجنسية العراقية : دراسة مقارنة == The Effects of The nationalization in The Iraqi and Comparative Laws of Nationality : A Comparative Study

Author name: يونس محمود كريم النعيمي

Supervisor name: جعفر محمد جواد الفضلي

General topic: Law

Specific topic: Private International Law

Degree: Master

University: University of Al Mosul - Collage Of Law - Department Of Private Law

Language: Arabic

University location: Mosul

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الشركات متعددة الجنسية والقانون الواجب التطبيق على نشاطها : دراسة مقارنة == MULTINATIONAL COMPANIES AND LAW APPLIED ON THEIR ACTIVITIES : Comparative Study

Author name: يمامة متعب مناف السامرائي

Supervisor name: عباس زبون عبيد العبودي

General topic: Law

Specific topic: Private International Law

Degree: Master

University: University of Al Mosul - Collage Of Law - Department Of Private Law

Language: Arabic

University location: Mosul

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قبول الاجنبي في اقليم الدولة : دراسة مقارنة == Acceptance Of Foreigner In The Region Of The State Comparative Study

Author name: محمد جلال حسن عبد الله

Supervisor name: جعفر محمد جواد الفضلي

General topic: Law

Specific topic: Private International Law

Degree: Doctorate

University: University of Al Mosul - Collage Of Law - Department Of Private Law

Language: Arabic

University location: Mosul

First pages:

Abstract: تعد ظاهرة التنقل من اقدم الظواهر التي عرفتها البشرية فما من حضارة الا وعرف اهلها الانتقال من مكان لاخر، بهدف طلب الرزق او بحثا عن الملجا الامن، وغير ذلك. ولعل من اكبر تحديات القرن الحادي والعشرين ضمان تمتع كل الافراد في جميع انحاء العالم بالامن وحرية | Travelling is one of the most ancient phenomena in the history of mankind. All the civilization witnessed the movement from one place t another and the reception of the foreigners for living or looking for save refuge. Feeling of security and freedom of movement are the main challenges of the 21st century because they are fundamental personal freedoms are assured by all the constitutions. In the present time, it is impossible to find a country without foreign subjects because of the social and economic interest and the development of the communications. This leads to the emergence of an important problem namely the foreign subject. Of course, this will lead to the conclusion of many international conventions. In each society, there are nationals and foreigners but the distinction is the national law. All the legislations of the country deal with the nationals without mentioning the foreigners. By foreigners, it is meant the people who never have the nationality of the country. When the state mentions the nationals this implicitly means that the state has already determined the foreigners. The notion of foreigners has seen societies namely Greek and Roman the foreigners were deprived of all rights and they were called as Berbers and they were considered as slaves and they were looked down. The Islam came with international call and the message of freedom and equality. The Islamic world is a religious and political unity known as the Homeland of Islam in order to distinguish it from other non - Muslim countries which are known as “The Homeland of War”. Those people are known as the non - Muslim subjects in Islamic country “Ahl Al - Themma”, and in our modern age, this status has bee developed as the intellectual and philosophical concepts. All the countries have already taken certain measures and procedures in order to accept foreigners in their regions. In fact, this subject has been the care of many judicial discussions. It has bee given wide as well as narrow interpretation according to the interest of the states and this will have positive and negative impact on foreigners and their freedom in travelling. Therefore, the general view of the principle of regional sovereignty is no longer sacred as it was before. This is due to the fact that there is an increasing need of international community and close relations. It is important to add that such countries give more rights to foreigners as a result of the requirements of international common living and the reciprocal interests. Some countries incline to have conventional agreements might enjoy more rights according to international treaties. These treaties confine the principle of equality. The doctrine confirms that the foreigners have minimal limits of rights. This does not mean that the right of entrance is absolute without taking into consideration the general situation of the receiving country or these are certain conditions which must be met in order to allow him to enter. If we agree that there are certain conditions for the security of the state do these conditions are applicable to all foreigners or there are some exceptions? All the countries require a passport and a visa. The foreigner cannot travel or exercise his rights unless he has these two elements. When these conditions are met the foreigner must have authorization in order to have a residence for an agreed period of time or it is mere a transit. The foreigner has certain obligations and any violation will be sanctioned. Moreover, he is under the control from which the nationals are free.The foreigner is obliged to leave the country whenever his residence comes to an end. But he cannot leave without being assured that he has done all his obligations whether financial or social or economic. Sometimes the state can expel the foreigners whenever its national security is jeopardized. He is also expelled when he behaves in a way sanctioned by law or when he enters in an irregular and illegal way or he has been sentenced by another country or this can be applied according to a treaty of extradition. All these procedures must be followed according to legislation agreed upon. Now, the foreigner is also concerned with all the legislation of the state where he lives. He enjoys all the rights dictated by human existence. This is mentioned by the international law which guarantees the minimal limits of rights for foreigners.Consequently, the present study points out the notion of foreigners and the historical development of this subject and the international frame of entrance and residence in any country. This determines the rights and obligations of foreigners according to the applicable rules concerning the diplomats, aliens and refugees. It explains the sovereignty and regional borders and all the economic, political and administrative aspects for treating the foreigners in Iraq. The researcher determines the general rules of entrance and residence of foreigners in this country. Because all the prevailing conditions are not so suitable for what is going on the international theatre, the researcher proposes a change of most of the articles of the present law No (1180 of 1978 especially the situation by foreigners and their treatment in Iraq in the future when stability and law prevail.

دور الارادة في تحديد الاختصاص القضائي الدولي واثارها : دراسة مقارنة == The Role Of Will In Determining International Judicial Competence Comparative Study

Author name: علياء احمد مبارك الزوبعي

Supervisor name: نواف حازم خالد

General topic: Law

Specific topic: Private International Law

Degree: Master

University: University of Al Mosul - Collage Of Law - Department Of Private Law

Language: Arabic

University location: Mosul

First pages:

Abstract: يعد الخضوع الارادي احد الضوابط المهمة في فقه القانون الدولي الخاص والتي ينعقد على اساسه اختصاص المحكمة للنظر في النزاع، ويمكن ان يكون الاتفاق على الخضوع لمحكمة معينة صريحا سواء اكان سابقا على قيام النزاع ام لاحقا له، او ضمنيا ويكون بالخضوع المادي لاح | Voluntary submission is one of the self - evident rules in the private international Law. On which depends the competence of the court in order to deal with the conflict. The agreement of submission might be explicit or implicit. It is explicit for certain court before or after the conflict. It is also implicit when it is physical submission to one of the two parties or both of them in front of one of the courts. This submission is of double nature, in this case it will take legal proceedings of law of will because it is a contract. There might be previous agreement about voluntary submission. As for the effects of submission, they concern the law of the judge because they are related to the process. Giving will a role in determining judicial competence has nothing to do with the relation between judicial competence and public order. But it is based on the existence of a general theory of giving up the competence, i.e., the judge has the right to give up his competence within certain conditions whenever these conditions are met the court has the right to give up the conflict and this indicates to the court which will settle the dispute. It is important to add that the Islamic Law and the international conventions acknowledge this right in spite of the differences which exist among them. It is obvious that Brussels convention of 1968 and the Declaration of Brussels of 2001 concerning foreign judgments give the two conflicting parties the right of choosing the court of one of the contracting countries. Mention must be made of Hague convention because it is thoroughly about voluntary submission. Two effects will result out of voluntary submission. The first one is positive which leads to a convention of enlargement of the competence of the court. This means that the court settles the conflict which are not its own competence but they have all the required conditions. The second one is negative because the concerned court will be deprived of its competence. The agreement of voluntary submission concerns the person to whom the right or the debt has been transferred except the contracts of transport because the consignee is absent. It is possible that his submission is to a court which never guarantees the required legal protection. As a result of the development in the field of commercial operations and because of use of modern electronic means of communications, it gives the will the ability of an agreement electronically in order to choose certain court concerned with the conflict. Because of these developments the electronic agreement has the same value of the ordinary written agreement. This submission has an effect on applicable law as a result of the freedom of the countries for the adaptation of conflicts and applying all the rules which are compatible with its legal system. This is due to the fact that the concept of public order is quite different from one country to another and therefore we find a difference in the final settlement of the dispute.