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النظام القانوني للربح في الشركة المساهمة : دراسة مقارنة == Legal System of Profit of Joint Stock Company : A comparative study

Author name: فيان يوسف نوري محمود
Supervisor name: كامل عبد الحسين حسن البلداوي
General topic: Law
Specific topic: Commercial Law
Degree: Master
University: University of Al Mosul - Collage Of Law - Department Of Private Law
Language: Arabic
University location: Mosul
First pages:
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دراسة في القانون الدولي الانساني والقانون الدولي لحقوق الانسان == A Study In The International Humanitarian Law And The International Law Of Human Rights

Author name: نغم اسحق زيا
Supervisor name: عامر عبد الفتاح الجومرد
General topic: Law
Specific topic: International Humanitarian Law
Degree: Doctorate
University: University of Al Mosul - Collage Of Law - Department Of Public Law
Language: Arabic
University location: Mosul
First pages:
Abstract: The international humanitarian law is considered as that ancient branch of the public international law, whose legal rules have been crystallized through many decades, taking the form of both customary and conventional rules codified by general conventions since the nineteenth century in order to provide the legal protection to the human being and the different kinds of civil property during wars or armed conflicts, it also helps control combat acts and methods by restricting the parties’ right to use whatever they desire of the combat manners and methods to mitigate the sufferings and pains and to minimize the losses arising from these situations whether they be international or internal and encountered by individuals whether they be civilians or militants it is worth noting that this law includes many specific and detailed criteria governing the period of wars and armed conflicts to protect many categories of human beings facing different risks resulting from combat acts as well as providing for a group of measures contributing to enhance the protection it gives to the individuals and the ways of supervision upon which it depends to control the extent to which the parties to wars and armed conflicts are obliged to enforce its rules and to record the violations committed against its rules which can simultaneously be considered as violations perpetrated against human rights and categorized as crimes attributed to the state and the individuals committing them. Whereas the international human rights law is regarded as a modern branch of the public international law originating in the wake of the second world war fought in the twentieth century, given that the human rights have been internationalized after the war because the states have conceived that the regulation of the international relations must be made according to the principles of human rights as well as being incorporated within the field of public international law. The international human rights law, laid down by the international community and which includes general abstract rules that aims at protecting the human being and that is formulated as international and territorial, general and special treaties in addition to the protocols attached to them characterized by its rapid and wide dissemination, is distinguished owing to the fact that it does not govern the relations among the states but it imposes a minimal level of protection embodied in the rights and liberties awarded to the individuals, below which the states cannot descend. The objective of this law is to guarantee a good and sound government for the individuals and its main characteristic is that it provides for the legal rules stipulating general criteria for the protection enjoyed by all the human beings without any discrimination among them and for any reason to protect them from any transgression, assault, abuse and negligence made by the governments, it is worth bearing in mind that this protection includes prohibiting all kinds of the acts and events which impair the protection given to any right enumerated in this law, additionally, these criteria are marked by being applicable in all periods of time and places whether in the time of peace or that of wars and other different kinds of armed conflicts. This law has also indicated the methods by which these rights are guaranteed and reinforced as well as laying down an efficient international control system implemented by various international organs through countless methods and ways. It is especially notable that both these laws in question have similarities and differences which this research works has taken pains to determine and illustrate. Having studied all the relevant aspects of these laws. This dissertation has taken into consideration their meaning, history, development as well as the organs and bodies helped lay down them and their evolvement. Through keeping track of the sources from which these laws originated and which will assist in determining their relationship with some well - established basic principles of the public international law, particularly, the principle of sovereignty and the principle of the interdiction of use of force in international relations which will reveal the true picture and situation of the relation existing between both these law especially as early as the internationalization of the human rights which are considered as the subject - matter of the international human rights law. Considering that the perspective of the organizations involved towards these laws has affected and acted upon this principle, its nature and their relationship characterized originally by the complete separation between these laws. Which did only change by changing the positions taken by these organizations with the existence of the common aim facilitating the convergence and interdependence of both these laws owing to the common application of these laws on the same situations, and this is what the first chapter has reviewed, but the study of these laws will not achieve their objectives unless the profound attention is given to the scope of application of both these laws from its three main aspects, that is to say, the periods of time at which these laws are applied, the persons they are obliged to protect in addition to the rights given to them, which will disclose more similarities and differences between these laws, and this is the topic of the second chapter. Like the question of the determination of their material, personal and objective scopes of application, the question of the enforcement of both these laws, including the limitation of the persons concerned with enforcing these laws, their respective responsibilities and their types as well as determining the measures of execution and the methods of controlling or supervising the execution, has also the same importance as the question of determining the scope of application, and this is what the third chapter has taken into consideration having particularized the smallest details and the foundations of both these law, we traced easily the way these laws have adopted in treating jointly the human being, i. e. the integration and to focus on the principle characters of the protection which are guaranteed by both laws, occur the necessity of developing the specific provisions concerning the different types of persons, and the protected rights.
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نظرية المصلحة في الطعن الجنائي : دراسة مقارنة == The Theory Of Interest In The Criminal Challenge Comparison Study

Author name: محمد عباس حمودي حسين الزبيدي
Supervisor name: حسن عودة زعال حبيب الغانمي | عباس زبون عبيد العبودي
General topic: Law
Specific topic: Criminal Law
Degree: Doctorate
University: University of Al Mosul - Collage Of Law - Department Of Public Law
Language: Arabic
University location: Mosul
First pages:
Abstract: لاريب ان اهمية المصلحة في الطعن الجنائي بوصفها مصلحة قانونية تمثل هدفا ساميا، جعلها تستحوذ على جانب كبير من عمل المشرع والفقيه، كما انها تمثل محورا تدور حوله اجراءات واسباب الطعن لكل من تظلم من قرار او حكم صدر ضد مصلحته او لم يستجب لطلباته على اقل تقدي | Undoubtedly, the importance of interest in criminal challenge, as a legal interest that represents a lofty aim, occupies a great aspect of legislator or jurist job. Also, it represents pivot of challenge procedures and reasons for anyone who complained of a decision or judgment pronounced against his interest or his demands have not been responded at least. On the other hand, the importance of interest in challenge becomes obvious when it relates to reasons of challenge that belong to a law mistake or procedures invalidity. This makes it relevant to both sections of criminal law. The Iraqi criminal legislator disregarded organizing and manifesting judgments that deal with interest in the criminal challenge, as well as he disregarded organizing a general theory for invalidity in the law of penal courts origins. In order to shed light on essence of interest in the criminal challenge and to determine its historical, legal, international and constitutional basis. In order to shed light on the role of legislation and criminal judiciary to incarnate the interest as an important principle in criminal challenge in legislations and legal applications compared in this study, Therfore the plan study responded to all this date & formation form tow parts. The First is : essence & base of interest in the criminal challenge. The second is : The legislative role of the interest in the criminal challenge theory & it's judicial applications. Part one collapse Tow Chapters, Chapter one deals with the essence of interest in the criminal challenge, concept and principles. Also deals with it's definition, it's conceptions, the basis of interest in criminal challenge, it's limiting, distinction between it & other similar subject. Whereas Chapter two deals with the basic of interest in the criminal challenge in ancient western &eastern legislations, Islamic law, international law and constitutions. Part Tow also contain tow chapters, in the first chapter we study the legislative role of interest in the criminal challenge in the field of substantive and procedural clauses throw the legislative policy of legislator the effect of criminal description of crime to the interest in the criminal challenge. In chapter Tow, the researcher reviewed the judicial applications in Iraq the judicial system of, France, Egypt, Syria, Jordan & Libya according to the comparative study. Finally There are many conclusions of this study which may explain the role & important of the interest in criminal challenge , there are many recommendations contain many suggestions adaptation some of article of Iraqi law of penal courts origins which have a relationship with the interest in the criminal challenge

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.

نشوز الزوجة : دراسة مقارنة == Wife's Disobedience Comparative Study

Author name: فراس جرجيس خلف الخاتوني
Supervisor name: عبد المحسن قاسم الحاج حمو العبادي
General topic: Law
Specific topic: Personal Status Law
Degree: Master
University: University of Al Mosul - Collage Of Law - Department Of Private Law
Language: Arabic
University location: Mosul
Key words:
  • نشوز الزوجة
  • سبب
  • شرعي
First pages:
Abstract: نشوز الزوجة هو ارتفاعها عن اداء الحق الواجب عليها تجاه زوجها المتمثل بطاعته ومعاشرته بالمعروف وتسليم نفسها له وملازمة المسكن.وقد اختلف الفقهاء في معنى النشوز الذي بحثناه في المطلب الثاني من المبحث الاول من الفصل الاول، والراجح في ذلك هو تعريف بعض الشاف | Wife's disobedience is the case when she gets astray on doing her duties to the husband; which is to obey and to live peacefully with him. In addition to giving herself up for cohabitation. Scholars have different views opposite to each other to the meaning of disobedience. The most common one is the definition of some Shafia; that is mentioned above. Since it implies most of the wife's disobedience methods and ways that are mentioned in the prophet's Sunna that was verified after the Holy Quran. It taboos the disobedience. The researched legislation laws that are the Iraqi, Syrian and the Egyptian have adopted the concept of disobedience judgment concept that is Al - Hanafi's definition. It includes the concept of having the wife getting out of the marital house and not to cohabit with the husband for no reason. Whereas the Moroccan law adopted Al - Maliki's concept of disobedience. On the other side of the coin, the Tunisi law does not mention the disobedience concept, but it only omitted the obedience right of the husband lately and no further details as far as conduct are mentioned. And wife's disobedience has reasons which divided into illegal reasons to wife's disobedience that are divided into major and minor ones. Besides there are legal reasons as what's been agreed upon among Muslims scholars, and some disputed ones as well. These are many in the Islamic Faqah. The Iraqi and Egyptian code consider unjustifiable imprisonment as illegal reasons as the majority of the scholars consider it, whereas Al - Malikia and Abo - Yousif from Al - Hanafia consider it as a legal reason for disobedience if it was wrongful or for a dept. That's what we have agreed upon as well. The legal reasons have been pointed out by the Iraqi code and refers to in general term as (legal justification). Whereas it splitted the legal reasons for the legal house after it has appointed legal standards in item 2 of article 25 that is limited only to the illegal husband's disobedience, which is a legal reason for her disobedience. The Iraqi legislator was criticizing this. Whereas the Syrian and Egyptian legislator are better than the Iraqi one especially in the excuse issue of the women professionality. As far as the Egyptian one, it tackles the legal excuse in a very detailed and clear way. There are hidden and obvious disobedience types. The disobedience methods in the doctrines, so they coincide according to each one of them. The Shafia's doctrine has the most describable image for the wife's disobedience according to its definition. Then comes the Al - Hanbali, we have preferred the shafia's doctrine except in some issues; which are the wrongful imprisonment. Also, Ashora’ fasting, Arafa and the Sunnan prayers that are considered excuses and justifications to the wife unlike the point of view of the scholars’ majority. The disobedience image in all the Iraqi, Syrian and Egyptian laws is the same mostly. This is due to their taking the Hanafia's doctrine. The wife's disobedience has outcomes at the end whether in the Islamic Faqah or the situational law. Since there would be spiritual effects out of abandoning the husband to his wife in bed and hitting her gently and unharmfully. Also, her right would be dropped as far as sleeping when there are multi - wives. Besides, there are financial effects that are represented in dropping off the alimony temporarily. This is applicable to all doctrines except Al - Thahria, and when separation is sentenced. The Iraqi law has pointed out the abandon as a reason of the separation if it continues two or more years, as in article 43 of the identity cards code. Whereas the other Arabic codes has limited this period within 1 year or more. This period would be specified by Al - Aila’a which is 4 months as to what's been indicated in Islamic Sharia’a. Also, the Iraqi law has given the right to the husband to hit his wife as in the sanctions code. Whereas in the Arabic countries, the hitting is not a means to settle the wife down because women reached to high positions.The Arabic laws consider the wife's disobedience a dropping for the expenses after divorce. Also, the Iraqi legislator considers it a reason of separation and it effects the dowry, so it still criticizing as well. The obedience of the wives after their disobedience has conditions to be met in the Islamic Faqah. This is on two types : hidden one; that are done inside the marital house without a judge or by the wife herself based on the husband's way of settling her down. Or it could be an obvious one; that is after the wife's leaving the marital house and through a judge either by the wife herself or by the husband's invitation. The Iraqi and comparative laws do not mention but the last type, which is the obvious disobedience, since that law deals only with explicit and obvious issues.A rumor among barristers and lawyers says that the obedience case is a dead one in the Iraqi legislation. But this says unjustifiable is under view and correction.

حلف شمال الاطلسي وحفظ السلم والامن الدوليين : دراسة قانونية == Nato And Maintain International Peace And Security Legal Study

Author name: عمر عبد الحميد عمر النعيمي
Supervisor name: عامر عبد الفتاح الجومرد
General topic: Law
Specific topic: Public International Law
Degree: Doctorate
University: University of Al Mosul - Collage Of Law - Department Of Public Law
Language: Arabic
University location: Mosul
Key words:
  • حلف شمال الاطلسي
  • حفظ السلم والامن الدوليين
First pages:
Abstract: يعد حلف شمال الاطلسي من اهم الاحلاف العسكرية في القرن المنصرم وابرزها، لاسباب عدة منها على سبيل المثال وليس الحصر، دوره في فرض الامن في منطقة ستراتجية مهمة الا وهي شمال الاطلسي، ولانه يضم اكثر دول العالم تقدما تقنيا وتكنولوجيا، فضلا عن ذلك فان لديه ا | NATO is considered one of the most important and international military pacts which had been established doing the last century, and this due to several certain reasons. for example the main target of this organization is to impose security over an important and strategic area. Further more, this organization has many legalistic and military capacities. Hence, after the collapse of Warship pacts and the break up of it involved in security conflicts which means uncovering of eastern front of the pact towards various and serious risks either ethnic or religious and this due to the weakness of the economic structure of the republic and most of then don't applied the concepts of democracy. In addition to that most of these republic have weapon of mass destruction.NATO became an aimless one, as we knew each pact has a specific aim i.e. a specified enemy. especially after the collapse of both warsho pact and Soviet Union, NATO became an aimless organization, so it stroly searched for a certain issue which would be appropriable with its role and fifth expectations for the next period. consequently. for these above mentioned reasons and for other unknown one the organization put a certain basic aim for it which is the expansion towards the east so as to join many measure and bilateral treaties. Expansion here doesn't contain the membership of those states only but it included the military from work which is due to the widening of geographical field of the pact. Therefore this also contained the targets and the tasks of this pact, which is the most important point, NATO has determined the scope of its geographical action in the north Atlantic are in accordance with its charter so as to maintain international peace and security throughout this area. Consequently, after its expansion throughout its specific aims and tasks the area of the Northern Atlantic become as a conventional one of the pact. Further more another extents were determined so as to enable the pact to take effective measures and give attention to its basic issues, which first of them is to face the threatens of the security of its area and the main economic interest. Therefore the pact under various stipulations can intervene even far from the extents of its traditional action. In addition to that, there is a explicit legal contradiction within the situation as a wrole, hence, the pact has been able to play a semi - inter nation role in the concerning its relationship with the UN, as we know that the NATO has adopted all the purpose and the special principles provided in the UN charter and it make them as legal rules which can help it to do its tasks. It is worth mentioning, the charter of the pact don't contain any legal measure which may be used to deal with the oranges of the UN especially, with the security council, its main aim is to maintain international peace and security.Security council should be in formed about any actions that the pact may take in the case of collective defense. Then, the problem here is that the legislator of the pact didn't discuss the relationship between the pact and the security council, this means there is deliberate ambiguity by the pact legislators in order to make the above mention relationship an unclear and observe one, so as to give the pact more freedom to do its military operations. After the expansion of the pact, this operation resulted some effects which nay affair the previous explanation. So these effects didn't explain for with what international organ it was? But the operation was mentioned in Washington and Rome conferences so as to attach the NATO to the UN. Generally speaking, and without determine which is the organ that the pact is connected? and the legal problem which is resulted after the expansion of the pact is the capability of the pact to intervene in although, there is an arrived attack, and this what actually happened in (Yugoslavia) and the security Council decided that there was threatens to international peace and security, but there is no aggression or an armed attack event may be considered an explicit contradiction with what Article 61 of the UN Charter provides Moreover the above mentioned Article is the main base for the pact to do its actions. A/v these justification and another criticism for the expansion operation i.e. the criticisms of pecistimitics, the socialists or the expansion operation made these criticisms the legality of NATO more weakened. As we knew there is no contradiction between the military pacts and the UN charter although that the league has some stipulations. It's worth mentioning, the important topic about the NATO is the nature of its actions. Practically, there was a lawful problem that at the time, of Warsho pact and the Sovit Union, this pact must be a member in the security council. add to that the charter of NATO encourage the operation of armaments but it mentioned it tacitly, and it expressed its expansion its tasks limited with the question of the legality of the pact more and more, from the other hand its wide intervenes and many actions which may make the UN as the legal rule for its actions, the pact sometimes stand against the UN or may compete with it. In spite of what above mentioned NATO has been achieved a kind of stability in its traditional area, actually NATO can face any probable dangers and this is considered as an essential aim that most of the military pacts aim to attain it.

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
Key words:
  • الارادة
  • الاختصاص القضائي الدولي
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.

القانون الواجب التطبيق على عقد التامين : دراسة مقارنة == Applicable Law Of Insurance Contract A Comparative Study

Author name: زينة حازم خلف
Supervisor name: كامل عبد الحسين حسن البلداوي
General topic: Law
Specific topic: Commercial Law
Degree: Master
University: University of Al Mosul - Collage Of Law - Department Of Private Law
Language: Arabic
University location: Mosul
Key words:
  • القانون الواجب
  • عقد التامين
  • القانون، التطبيق
  • الواجب
First pages:
Abstract: يعد عقد التامين الذي ينظم العلاقة ما بين المؤمن والمؤمن له ضرورة لتحقيق الامان والطمانينة لمصالح الافراد والجماعات المشتركين فيه ضد ما يحويه المستقبل لهم من اخطار يعجز الفرد بمفرده عن تحملها، كما يعد في المجتمع البداية الحقيقية للمستقبل الافضل لانه يشمل | Insurance contract which organized the relationship between the assuror and assured has a necessity to achieve safety and trust for individuals and groups' interest who participated in it against to what future hidden from risks that individual cant not bear to face it alone. As it consider in society the true starting for best life in human being. It is including an addition to the secure of man' life also the safety on his money properties and his life resources all with his mental and educational identity.Insurance contract in the frame of special international law considered a contract of important contract which needed to clarify in order to build legal system that practice on it. But if the contract itself produced a difficult, there will be no way to search its content but it will be just through searching in its insurance contract root age that distinguished it on what is similar with other contracts which specially reflected on the law that ruled it.So if we enabled to summaries limited indicators to the importance of insurance contract. This will simplify us showing legal adoptive as a preface to search the most distinguished theories and legal rules which are shaped the international law juries - consults (legal experts) and national organization like the Roma's convention for the year 1980 and young and Enfris rules concerned with mutual marines looses. In addition to legislations and different laws.But on the light of relations' information for the search which occupied the rules of necessary application of a distinguish place and mixed with rules that left for freedom of the parts and their desires. So it must be shade a light on these rules and norms as regarded, we added another dimensions for the problem of conflict of law in the concern of special national relations. The rules of necessary application are the most rules which to proceed with the nature of insurance contract that gave constant saving stability (necessary stability) and affirmed insurance for those whose relations will rule by a known law in advance.And lead to solution justice and established balance in the relation that the equality may occupied between its pats. Where these rules usually build on the base of mental relation which linked its content and aims with space of application. And distinguished it on the rules of single approach in attribution (single side) that characterized insurance contracts which organized according to the rules ( that applied) within Loyid's in international organization.In addition to that, the rules of necessary application were and still in respectable place by international organizations that handled this subject in place of search if it was to the Roma convention or for European direction. Cause it considered from order rules which the nations legislations aimed to achieve certain goals, represented in insurance contract with a protection the week partner (assure) and protected economical basis for these countries.If the law of necessary application on insurance contract being according to the special supporting limitations to protect the week part with economical and social basis for different countries which are contracted with this contract. So it is necessary to this law to not limit on the subject of contract, that expanding to all its elements except to what is related with insurer qualification which is always being on the shape of insurance company, insurer, and what is related with the shape of contract that represented by (insurance document). In addition to the claims of insurance contract which were juristic difficulties to what is related to the law that ruled it. So the Iraqi insurance law of the number (10) for the year 2005 has a special role in the field of rules businesses of necessary application on insurance contract which in its part reflected clearly on the traditional supporting rules (rule of willing law) which is represented in the article (1/25) of the Iraqi civil law

النظام القانوني لوكالة العقود التجارية : دراسة مقارنة == The Legal System Of Commercial Contracts Agency A Comparative Study

Author name: اسراء صلاح محمد سعيد الطائي
Supervisor name: هالة مقداد احمد الجليلي
General topic: Law
Specific topic: Commercial Law
Degree: Master
University: University of Al Mosul - Collage Of Law - Department Of Private Law
Language: Arabic
University location: Mosul
First pages:
Abstract: وكالة العقود هي احدى صور الوكالة التجارية القائمة على فكرة النيابة الكاملة في التعاقد. فهي بمضمونها عقد يلتزم بموجبه شخص يسمى الوكيل بان يتولى على وجه الاستمرار، وفي منطقة نشاط معينة الترويج والتفاوض وابرام الصفقات باسم شخص اخر يدعى الموكل ولحسابه مقابل ا | Contracts agency is considered to be one the most commercial agencies that draw upon the idea of the complete proxy in contracting process. It is inclusively a contract that assumes an individual to undertake currently, in a certain active location, to negotiate and dealing. This can be fulfilled by the name and for the account of another constituent individual against a wage payable to the agent. The current study delineated that the contract has a property of being prominent rather than other formulas and commercial mediations. In order to fulfill the requirements of the any contract, there should be provided by parties of the contact (agent and procurator) and other individuals who sign the contract for them. The agent himself seeks individually to form this element, whichever advertisement, negotiating and ensuring. It should provide the prerequisite requirements (satisfaction, location and reason) for the integrity of the contract items to be validated in the rightful parties. Before the practice of the agent to the activities of implementing the contract agency inside the required country, he should make the procedures of the commercial record registration. Thus, it is prohibited to practice the agenda of commercial agency, only to the names recorded in the commercial record registration. These have been provided by the commercial agency lawful items. Commercial agency has properties may be associated with other contracts as a party - binding contract depends on negotiating among parties. Additionally, some properties that may be individualized tan others. The commercial agent characterized by individuality that he is free of managing all commercial activities. On the basis of signing the contract between the two parties, rights and commitments may be established. Many relations have emerged almost among the parties of the contract or the agent and the other individuals. If any party breaches the agency, there have been commitments about this type of liability.As for any contract, there must be validated. Contract agency provided the general reasons to validate the agency. Additionally, the lawmaker provided the individual reasons that the contract agency may have been validated. This can be seen in an individual will for one party of the contract and the idea of cooperative right that the contract thought was based on and justified the private system for the accomplishment. It is dedicated that the other party may be compensated as result to the violation of one item in contract agency on condition of uncompetitive procedure of the incompletion the contract. What is the conclusion of the judging condition and the degree of commitment to the parties of the contract after the validation?

تصرف المستاجر بحقوقه الناشئة عن عقد الايجار : دراسة مقارنة == The Tenant's Disposition Of His Rights Enuing Form Leas Contract Comparative Study

Author name: ابراهيم عنتر فتحي الحياني
Supervisor name: ضحى محمد سعيد النعمان
General topic: Law
Specific topic: Civil Law
Degree: Master
University: University of Al Mosul - Collage Of Law - Department Of Private Law
Language: Arabic
University location: Mosul
Key words:
  • الحقوق
  • التصرف
  • الايجار
First pages:
Abstract: ان تصرف المستاجر بحقوقه الناشئة عن عقد الايجار يعني امكانية قيام المستاجر بنقل حقوقه والتزاماته الناشئة عن عقد الايجار الى الغير وهو ما يسمى بالتنازل عن الايجار، وهذا التنازل قد يكون بمقابل مبلغ من النقود فنكون هنا بصدد بيع لحق الايجار وقد يكون دون مقابل | The tenant's disposition of the right ensuing from lease contract means the tenant ability to transfer rights and obligations of the lease contract to the other, which is called lease cession. Such cession could be for an amount of money, in case the selling of lease rights, and could be for nothing to achieve other aims, in case the endowment of lease right. Also, there is a possibility of tenant's right to use the leased to be delayed for the benefit of someone else, and this is called hidden lease. In this case, the tenant is not moving the rights ensuing from the original lease contract to the hidden tenant, but there will be obligations for the original tenant to enable the hidden tenant to get the benefit of the lease right. The tenant will be able to house or to hose the others in the ceased. Knowing the limits of the tenant disposition of the right ensuing from lease contract requires at the beginning to define the tenant right. This has been a controversial issue among the jurists, as some regard the tenant right as a real one, while others regard it as a personal one. Some of the jurists stated that tenant right is a personal one enjoying some of real right characters. This controversial issue is dealt with in chapter one. The limits of tenant authority to use the rights ensuing from tenant lease differ whether the lease is subject to Civil Law items or Lease Law items. As for Civil Law, the tenant's disposition of the rights, ensuing from lease contract is allowed regardless of the disposition form. This is the general principle in the civil laws under comparison. But the tenant is not allowed to dispose the rights, according to Civil Law, if this is against the agreement between the landlord and the tenant sating that the last is not allowed to use the rights ensuing from lease contract. This is called the prohibitive condition; but if the tenant hired a property and established a factory or a shop and wanted to sell the property, it is allowed to cancel the prohibitive condition, in case this is not harmful for the lease and the buyer presented enough guarantees. The general rule in the lease laws states that the tenant is not unable to dispose the rights ensuing from lease contract unless obtaining the written approval of the landowner. However, there are some conditions in which the tenant is allowed to dispose rights ensuing from lease contract without obtaining the written approval of the landowner. This issue is dealt with in chapter two. As tenant authority limits in using rights ensuing from lease contract in Civil Law are different from those in Lease Laws regarding moving from permission as a general rule in Civil Laws to prohibition as a general rule in Lease Laws as a general rule, this difference has lead to impacts resulting from tenant's use in both kinds of rules. In addition, impacts ensuing from tenant contracting, receding lease and hidden lease are illustrated in chapter three. The study is summed up with a conclusion of the main results and suggestions.

اجراءات الاثبات المدني : دراسة مقارنة == Civil Proofs Affirmation Procedures

Author name: وائل مؤيد جلال الدين الجليلي
Supervisor name: عباس زبون عبيد العبودي
General topic: Law
Specific topic: The Law of Evidence
Degree: Master
University: University of Al Mosul - Collage Of Law - Department Of Private Law
Language: Arabic
University location: Mosul
Key words:
  • الاثبات المدني
First pages:
Abstract: تعد اجراءات الاثبات قواعد شكلية، تحدد ما يتبع من وسائل في تقديم طرق الاثبات يجب على الخصوم القيام بها، وهذه الاجراءات ترتبط بالاثبات القضائي المدني الذي له اهمية بالغة في التاكيد على وجود الحقوق وصحتها، ولا تكاد تخلو اية دعوى مدنية من وجوب وجود الاثبات | The proof registration is a one of the routine procedures. It specifies the means that both disputed parties have top follow. These procedures are linked with the civil judicial proofing system that has a great value in assuring people's rights and its legality. There is no civil complain without the proof system being affirmed in it and its procedures as well. The legislator aims to achieve justice, respect to the defense rights and facilitates the proving process. That's due to the fact that there is no siting procedures are being shown in it that the disputed parties and judges have to commit to. The disputed parties can not impose procedures of other proving procedures that the law has not mentioned.Therefore, the proof system has a great value to both disputed parties because they mostly lose their cases. This is due to their not following the right ways of law. The present paper discovers the ambiguities the these procedures has and that belong to the proofing system in the law by providing evidence to the court of law and make the judges committed to these evidence though it is routine. These procedures have to be before the court of law and to be part of the civil complain case and that the law is based on it directly.These procedures are comprehensive and general. This paper has tackled some of these proofing procedures that directly coincide with the case that need to be proved. It includes the written evidence proving in experience and checking. Also, the indirect proof system that doesn’t coincide with the case needed to be proved and includes the evidence of gestures and confessions and questioning and the oath. Then, the court of law authority duration has been specified in the terms of the procedures that govern the evidence and proofs whether it is direct or indirect one.

النظام القانوني للممثل التجاري : دراسة مقارنة == The Legal System For The Commercial Representative A Comparative Study

Author name: صدام سعد الله محمد حميد البياتي
Supervisor name: نسيبة ابراهيم حمو الحمداني
General topic: Law
Specific topic: Commercial Law
Degree: Doctorate
University: University of Al Mosul - Collage Of Law - Department Of Private Law
Language: Arabic
University location: Mosul
First pages:
Abstract: بالرغم من الاهمية الكبرى للممثل التجاري في تنشيط حركة التجارة على الصعيدين الداخلي والخارجي بوصفه من اهم الوكلاء التجاريين في وقتنا الحاضر فضلا عن وكيل العقود. ومع ذلك فان الممثل لم يحظ في العراق بتنظيم قانوني منذ عقد الثمانينات، بل لم تلق الوكالة التجاري | In spite of the great importance of the commercial representation on the interior and exterior levels as an agent of contracts he has not been given the required legal system in Iraq since 1980s. Even the commercial mandate has not the aim of an objective legal system neither in the Iraqi law of commerce nor in special law passed for it.Consequently, this will lead to legislative gap in this concern and at the same time it is a good impulse for us to study not the commercial mandate with all its categories as commercial representation, contract agency and commission mandate, for fear that our study should be highty descriptive but our study concentrates on commercial representative because this subject has not been treated yet at least in Iraq. Therefore, the present study is divided into four chapters. The first one deals with the commercial agent, his definition and the nature of his work from legal point of view and distinguishing him from his counterparts because of the lack of an agreed definition of representation mandate we conclude a definition of the representative agent as an in dependant and professional commercial agent representing the interests of one merchant or more and he concludes contracts and attracts the clients. He does these functions for the benefit of his mandator and for his account in specified region. He has also his office and he chooses his representative and he pays all their commission and wages. We also reach a conclusion that the commercial representative is an agent of special type and he enjoys certain characteristics distinguishing him from all types of commercial agents. As for the second chapter it analyses the contract of commercial representation. We do not go through the bases of the commercial representation but we point out the particularity characterizing the commercial agent in forming the contract. The characteristics of this contract have also been explained. We concentrate on the fact that it is a contract based on complete representation and on common interest for two parties besides the personal consideration. It is important to add that the profession of the commercial representative has certain objective conditions. Among these conditions we mention his independence and professionality. Moreover, the formal conditions have been embodied by the registration in special register known as the register of commercial agents. The third chapter tackles the legal status of the commercial agent. It throws light on his rights which are reflected by fulfilling commercial acts by his name and for his own account. He has also the right to represent new mandators without taking any permission form his original mandatory and he has also the right to be represented by another person. He has the right to oblige his mandatory to compensate him if the looses his agents. This chapter studies all the obligations imposed on the commercial representative, from these obligations we mention that he has no right to compete his mandatory during the time of his contract. He has also the obligation of excuting all the transactions related to the conditions of guaranties and the obligation of the service after sale. The fourth chapter treats the guaranties which can be a good help for the commercial representative in order to obtain all it is due to his mandatory. From these guaranties we mention the right of solidarity and his privilege. The contract cannot be eternal and his mission ends whenever the contract comes to an end.As far as the contract of commercial representation is based on mutual interest is has been taken into consideration by some comparative legislation. This system becomes more obvious through the restrictions imposed by these legislations on the will of the mandatory and his commercial representative in ending the contract based on mutual interest. The more the clients increased the more profit the mandatory gains and the commissions of the representative will increase.Out of the present study, we try to show the particularity of the commercial representative which can distinguish him from his counterparts. This will help reach to legal system for the commercial representative suitable for his particularity

المسؤولية المدنية للطبيب النفسي : دراسة مقارنة

Author name: منى حميد فارس العبيدي
Supervisor name: ضحى محمد سعيد النعمان
General topic: Law
Specific topic: Civil Law
Degree: Master
University: University of Al Mosul - Collage Of Law - Department Of Private Law
Language: Arabic
University location: Mosul

التعاقد من الباطن : دراسة مقارنة

Author name: عامر عاشور عبد الله البياتي
General topic: Law
Specific topic: Civil Law
Degree: Doctorate
University: University of Al Mosul - Collage Of Law - Department Of Private Law
Language: Arabic
University location: Mosul

تدخل عدم التمييز في احداث الضرر

Author name: نجلاء توفيق نجيب فليح
General topic: Law
Specific topic: Civil Law
Degree: Master
University: University of Al Mosul - Collage Of Law - Department Of Private Law
Language: Arabic
University location: Mosul

مسؤولية المصرف في الاعتماد المستندي والمخاطر التي تواجهه : دراسة تحليلية

Author name: بختيار صابر بايز
General topic: Law
Specific topic: Commercial Law
Degree: Doctorate
University: University of Al Mosul - Collage Of Law - Department Of Private Law
Language: Arabic
University location: Mosul

عقود الزواج المعاصرة في الفقه والقانون : دراسة تحليلية

Author name: اسماء وليد
General topic: Law
Specific topic: Personal Status Law
Degree: Master
University: University of Al Mosul - Collage Of Law - Department Of Private Law
Language: Arabic
University location: Mosul

طريقة انهاء خضوع العراق لاحكام الفصل السابع من ميثاق الامم المتحدة

Author name: حلا احمد محمد الدوري
General topic: Law
Specific topic: Public International Law
Degree: Master
University: University of Al Mosul - Collage Of Law - Department Of Public Law
Language: Arabic
University location: Mosul

تخصيص الذمة المالية واثارها : دراسة قانونية مقارنة

Author name: بان عباس خضير
General topic: Law
Specific topic: Civil Law
Degree: Master
University: University of Al Mosul - Collage Of Law - Department Of Private Law
Language: Arabic
University location: Mosul

The Civil Responsibility Resulting From Disability Child Born : A Comparative Study

Author name: سحر هيال غانم
General topic: Law
Specific topic: Personal Status Law
Degree: Master
University: University of Al Mosul - Collage Of Law - Department Of Private Law
Language: Arabic
University location: Mosul

قيود الاسناد في القانون الجنائي : دراسة مقارنة

Author name: دلشاد عبد الرحمن يوسف عثمان
General topic: Law
Specific topic: Criminal Law
Degree: Master
University: University of Al Mosul - Collage Of Law - Department Of Public Law
Language: Arabic
University location: Mosul

الحضر الدولي في القانون الدولي

Author name: الاء يونس محمد الصقلي
General topic: Law
Specific topic: Public International Law
Degree: Master
University: University of Al Mosul - Collage Of Law - Department Of Public Law
Language: Arabic
University location: Mosul

وقف الاجراءات الجنائية في القانون العسكري

Author name: عدنان يحي النيل
General topic: Law
Specific topic: Principles of Military Criminal Trials
Degree: Master
University: University of Al Mosul - Collage Of Law - Department Of Public Law
Language: Arabic
University location: Mosul
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