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دور الجنسية في ممارسة الحماية الدبلوماسية : دراسة مقارنة

اسم المؤلف: ابراهيم عباس ابراهيم الجبوري
اسم المشرف: حسن علي كاظم
الموضوع العام: القانون
السنة: 2016
الموضوع الدقيق: القانون الدولي الخاص
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بابل
الصفحات الاولى:

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

اسم المؤلف: قاسم ماضي حمزة الربيعي
اسم المشرف: حيدر كاظم عبد علي
الموضوع العام: القانون
السنة: 2015
الموضوع الدقيق: القانون الدولي الجنائي
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بابل
الصفحات الاولى:
المستخلص: The commentators of international humanitarian law uses several terms to denotes whether so - called humanitarian aid , it has used the rescue and relief and rescue operation terms and other terms that fall on one idea which to provide food and health services and the like by international bodies to the victims of international armed conflicts and non - international . The assistance usually provided when the stat ate concerned is assistance is unable to fulfill its responsibtity to its citizens to provide assistance to them and here the role of the international community comes to do the humanitarian work by humanitarian organizations working in the humanitarian field , as well as international organizations such as the united nations and through humanitarian agencies . To provide such assistance much be having the means and mechanisms that much be followed and not be just words in theory has no basis in reality and embodied this means and mechanisms through international conventions and legal texts and resolutions of the general assembly of the united nations in addition to the practice of states and humanitarian organizations in this field . Here , there must be real safeguards to ensure the implementation of such did will be for countries and humanitarian organizations , international organizations and the un as an organization and through the Great Security Council role in ensuring the implementation of such assistance . To meet our research topic we will divide in to three chapters address in the first chapter of what humanitarian aid , the second chapter is devoted to the means and mechanisms for the implementation of humanitarian aid and the third chapter dedicated to the implementation of humanitarian aid , guarantees and constraints of implementation .

هيمنة السلطة التشريعية في بعض الانظمة الدستورية : دراسة مقارنة == The dominance of the legislature in some constitutional regimes (A Comparative Study

اسم المؤلف: ميثم منفي كاظم العميدي
اسم المشرف: ميثم حنظل شريف
الموضوع العام: القانون
السنة: 2015
الموضوع الدقيق: القانون الدستوري
الدرجة: دكتوراه
اللغة: العربية
مكان الجامعة: بابل
الصفحات الاولى:
المستخلص: The division of functions between the state bodies, namely the legislative and executive functions not subject to the same base, but varies depending on the nature of the political system and thus determine under which the relationship between the authorities as well as the balance or the mutual influence between those authorities, in the current presidential system to severe separation between the legislative and executive branches, and the dominance of the latter on first because the executive authority is delegated to one person is inaugural by the people, either directly or indirectly, and not subject mostly to control the legislature, and the system Majlisi based on the dominance of the legislature without the authorities as the body was the mouthpiece of the sovereignty of the people and the most reflection of him and therefore subject to its Executive power is fully controlled and talk in this system means the influence of the executive branch to the legislative branch has the right to the fact that recent its control and has the right to intervene in the scope of work at any time , The parliamentary system based on balance and flexible separation between the public authorities and in particular the legislative and executive, where both authorities cooperate in the direct legislative and executive function branches, also has branches and media can influence the other in order to maintain a balance between the two, as the legislative power of moving the political responsibility and withdraw confidence from the power executive, and may Aalakhirh of the dissolution of parliament, whether presidential or ministerial solution. . Now talk seems to be different in light deflection parliamentary system from the traditional rules as two models, one based on the strengthening of the executive branch and quote some of the features of the presidential system by giving the head of state functions and wide in the face of legislative power and produces precisely the constitutional position in violation of the rules of the existing system afternoon the balance as it breaks down in favor of the government Or parliamentary system deviates toward Majlisi system by strengthening the constitutional status of the legislative authority and thus hegemony over other power achieved and awarded in addition to the legislative function executive functions and become the supreme authority in the state and undergo other authorities, as the balance and mutual influence between the two Brules disappear in such kind of system Parliamentary deviant by making unilateral influence in favor of the legislature, leading to its dominance as is the case in the Constitution of the Republic of Iraq for the year 2005. We will discuss the subject of the dominance of the legislature in some constitutional regimes in three seasons and according to the plan listed below : Chapter One : the basis of the dominance of the legislatureChapter II : the dominance of the legislative authority in the legislative and executive competence .. Chapter III : The dominance of the legislature in the field of mutual influence with the executive branch Then conclude our research conclusion prove the most important findings from the research and the recommendations that we see fit .

النظام القانوني لانقضاء الدعوى الادارية من دون الحكم بالموضوع : دراسة مقارنة == The Legal system for the Lapse of the administrative case Without judging the subject case Comparative Study

اسم المؤلف: محمود عبد علي حميد الزبيدي
اسم المشرف: اسماعيل صعصاع غيدان البديري | هادي حسين عبد علي الكعبي
الموضوع العام: القانون
السنة: 2015
الموضوع الدقيق: القانون الاداري
الدرجة: دكتوراه
اللغة: العربية
مكان الجامعة: بابل
الصفحات الاولى:
المستخلص: هناك فكرة اساسية مبنية على التمييز بين فكرة الدعوى القضائية والخصومة القضائية من جهة وبين الدعوى القضائية وموضعها من جهة اخرى ، فالدعوى القضائية وان كانت تتمثل في حق يمنح للفرد مكنة الالتجاء الى القضاء بقصد الحصول على حكم في موضوع النزاع ، فان الخصومة تتمثل في مجموعة الاجراءات التي اتخذت في تلك الدعوى اثناء مباشرتها ، اذ يبدو هذا التمييز في انقضاء الخصومة قد لايترتب عليه انقضاء مكنة الدعوى القضائية ، اي انه قد تنقضي الخصومة لاحد اسباب انقضائها ، والتي يجمعها السقوط او البطلان ، ومع ذلك يظل حق الدعوى قائما يستطيع صاحبها ان يقيمها مرة اخرى متى كان مدة اقامتها لايزال مفتوحا ويتم التمييز بين الدعوى كوسيلة لحماية الحقوق والمراكز القانونية او اقرارها حين يعتدى عليها ، وبين موضوعها وهو الحق اوالمركز القانوني المطلوب حمايته او اقراره ، لان كلاهما ، حقيقه قانونية متميزة عن الاخرى ، اذ يستتبع ذلك ان انقضاء الدعوى لايستلزم حتما الحكم في موضوع الدعوى . فوجود الحق اوالمركز القانوني ليست سوى مسالة موضوع لايتعرض له القاضي ، بالحكم فيه الا بعد ان يفرغ من بحث مسائل تتعلق بالدعوى ذاتها ، كالاختصاص بنظرها وقبولها، وتاسيسا على ذلك، تعد الدعوى وهي سلطة الالتجاء الى القضاء ، شيئا متميزا عن المطالبة القضائية وعن باقي اجراءات الخصومة القضائية . واذا كان الدفع بمعناه العام يمثل جميع وسائل الدفاع التي يجوز للخصم ان يستعين بها فقد يتمثل بالدفع بعدم الاختصاص ، ام قد تتوجه هذه الوسائل الى انكار سلطة الخصم في استعمال الدعوى فقد يتوجه الى شرط من الشروط العامة يجب ان تتوافر لقبول الدعوى ، ومن ثم فان الحكم بعدم اختصاص المحكمة بنظرالدعوى والحكم بعدم قبوم الدعوى لايترتب عليها انقضاء الحق في الدعوى فيمكن لصاحب الحق اقامة الدعوى مرة اخرى امام المحكة المختصة . واذا كانت مدة اقامة الدعوى الادارية يتمثل في الاجل الذي يحدده القانون لاقامة دعوى الالغاء خلاله ، اذ يترتب على انقضاء هذا الاجل انقضاء الحق في اقامة الدعوى لان مدة الطعن بالالغاء تتميزبقصرها مقارنة مع المدد المحددة للطعن بالدعاوى الادارية الاخرى ، ومن ثم فهي مدة سقوط وليس مدة تقادم لان فوات مدة الطعن يؤدي الى سقوط حقه بالطعن وترد الدعوى الادارية لاقامتها بعد انقضاء مدة الطعن ، وقد ينقضي الحق في اقامة الدعوى لسبق الحكم بموضوعها والذي يدفع به في دعوى قائمة ، بقصد انكاراحقية المدعي في اقامة دعواه ، لسبق الحكم فيها ، قاصدا في ذلك منع المحكمة عن نظرالدعوى متمسكا في ذلك بمبدا حجية الشئ المحكوم فيه ، قد تكون حجية مطلق على الكافة اوحجية نسبيه بين اطراف الدعوى ، وقد تنقضي الدعوى الادارية من دون الحكم في موضوعها بالتنازل والترك والصلح وان هذه الاسباب يجمعها قاسم مشترك يتمثل بالتنازل . | The talk of trials jurisprudence is base on the basic thought of distinguishing between the idea of the legal case and the legal procedures from the one side and between the legal case and its subject from the other, where the legal case and despite it is represent in a right that gives the individual the chance to seek courts in the intention of getting judgment in the subject of the conflict, the procedures are represented in the group of the steps which were taken in that case during its intiating, where this distinguishing in the lapse of the procedures may not necessitate the lapse of the possibility of the legal case, i.e. the procedures may lapse for their lapsing causes, which are non suit or nullity, and the right of raising lawsuit is still there where the plaintiff can make the case again as the time is not expired. In addition to the previous distinguishing, between the case and the procedures, there is in the range of the suit case there is a distinguishing between the case as mean to protect the right of the legal posts or their affirmation when they are violated, and between its subject which is the right or the legal post to be protected or affirming it, as they are described as two distinguished legal facts, and that lead to that the lapse of the case does not necessitate the judging in the subject of the case. Where the existence of the right or the legal post are not but subject issue that the judge does not make decision in it until the finish of searching in the issues related to the case itself, like specialty and acceptance, where the prevailed definition of the case in jurisprudence and in judging represent the authority or the possibility of seeking judgment, by which the individuals can seek judgment to protect their violated right or for affirming these rights or make compensations for harms.And this possibility can not be maxed with the judicial demand which is the actual seeking for judgment, where we must differentiate between the authority of doing some action, and between the actions done in use of this authority. Basing on this logical distinguishing between the power and the actual use for it, we can consider the case which is the power of seeking judgment, is different from the legal demand and the other forms of the legal procedures, And if the plea in its general meaning represent all the pleading means which the defendant may use to defend himself, in the intention of avoiding the issue of decision in the benefit of the plaintiff whether these means were directed to the rightness of the claim procedures without tackling the right in the subject of the case which the plaintiff claim so he may avoid temporary the judging against himself by what the plaintiff claim like non specialty, or these means may be directed to the deny the plaintiff power in using the claim where he may seek the mean by which the owner of the right may use to protect his right and if the mean may be permitted to be used, or the condition of using is not permitted for the unavailability of one of the general conditions for accepting the claim, so judging by non specialty of the court and not accepting the claim do not mean the lapse of the right of the claim where owner of the right can make another claim again before the specialized courts. And if the time of making an administrative lawsuit is represented by the time interval which is limited by law to make the abolish claim during it, where it is arranged on this lapse of time the lapse of the right of making claim because the stab period for the abolish is characterized by its shortness in comparisons with the times of the stab in the other administrative cases, and as a result it is nonsuit period and not expire period because passing the period of stabbing lead to the failure of the right of stab and the case is null for passing of the stab period, and the right may be lost in making lawsuit for previous judgment in its subject which is plead in an on going claim, in intention of denying the right of the plaintiff in making lawsuit, for the reason of similar previous cases which were judged before between the parties, intending the preventing of the court from looking the case stiking to the concept of the judged cases, and this may be something absolute on the all for the issued judgment with the abolish and may be relative between the parties of the claim by the issued judgment in the complete judgment cases, and that the administrative case may be lapsed by not judging by concession, leaving, and making peace and these causes gathered commonly in making the reason to lapse the case in subject for the lapse of the conflict and these reasons despite their differences, they are gathered by the concession of one party or it may be counter concessionThe administrative judgment in Iraq took some of the reasons of the lapsing for the administrative claim prior to judge their subject, but it did not tackle all the causes of the lapse which go ahead with the nature of the administrative conflicts as it tackled by the comparative administrative law and for the absence of a law that organize the administrative procedures in Iraq and for the existence of many restrictions which obstacle the specialty of the administrative law in Iraq and for the shortage of the studies that tackled this subject and for not been tackled by the administrative jurisprudence in comparison to other legal subject we choose this subject.

النظام القانوني للرقابة الادارية الخارجية : دراسة مقارنة == Foreign legal system of management control Comparison study

اسم المؤلف: علي حسن عبد الامير العامري
اسم المشرف: غازي فيصل مهدي
الموضوع العام: القانون
السنة: 2015
الموضوع الدقيق: القانون الاداري
الدرجة: دكتوراه
اللغة: العربية
مكان الجامعة: بابل
الصفحات الاولى:
المستخلص: لقد تناولت موضوع هذا البحث لما يتمتع به من اهمية كبيرة في الوقت الحاضر من خلال بروز هذا النظام وانتشاره في العديد من الدول بوصفه نظاما يسعى للرقابة على اعمال الادارة ،حيث ان المهمة الرئيسية للجهاز الرقابي هي ممارسة السيطرة على نشاط السلطة التنفيذية وغيرها من هيئات سلطة الدولة والتاكد من مطابقته للقانون نتيجة للقوة المتزايدة للسلطات العامة التي اصبحت تؤثر على حياة الناس اليومية. وتتمتع الاجهزة الرقابية بالعديد من الاختصاصات التي تعكس اهمية هذه الاجهزة كالتفتيش والتحقيق والتدقيق والتحري ،وعلى الرغم من تمتعها بهذه الاختصاصات الا ان الاجراء الذي فيه مساس بالحريات العامة التي نص عليها الدستور ،يجب ان يتم بعد اتباع الاجراءات القانونية وبمعرفة القضاء حامي الحقوق ،فقانون الاجهزة الرقابية لايعلو على ارادة المشرع الدستوري وحقوق الشعب. وكثيرة هي اثار ممارسة الاجهزة الرقابية لاختصاصاتها ،ففي الجانب الاداري قد يامر الجهاز الرقابية حفظ البلاغ لعدة اسباب منها عدم معرفة الفاعل او عدم كفاية الادلة او عدم المعاقبة على الفعل المرتكب ،او قد يوصي الجهاز الرقابي بمساءلة الموظف تاديبيا او احالته الى المحاكم المختصة ،وفي الجانب المدني قد يطالب الجهاز الرقابي باقامة الدعوى المدنية بحق المخالف ،وكذلك يمكن احالة المخالف الى المحاكم الجنائية اذا ماوجد ان الفعل المرتكب يشكل جريمة يعاقب عليها القانون ،كما ان اعمال الجهاز الرقابي تؤدي الى دخول حلقة مهمة من رقابة البرلمان على السلطة التنفيذية وهي الرقابة السياسية حيث ان تقارير الاجهزة الرقابية قد تحرك المسؤولية السياسية بحق المخالفين . وتربط الجهاز الرقابي العديد من العلاقات مع اجهزة الدولة الاخرى فهو جزء من الدول ويعمل على تكوين هوية الدولة ومظهرها ،لذلك يرتبط بعلاقات وثيقة مع السلطات العامة كالسلطة التشريعية والتنفيذية والقضائية ،كما يرتبط بعلاقات وثيقة مع وسائل الاعلام والاحزاب السياسية والصحافة والمؤسسات التعليمية وغيرها . وان علاقة الاجهزة الرقابية مع السلطات الاخرى ليس به اي مساس بمبدا الفصل بين السلطات وانما يعد تطبيقا لهذا المبدا ،حيث ان مبدا الفصل بين السلطات لم يعد يعني العزلة والانفصال التام بين السلطات بل اصبح التعاون بين السلطات تطبيقا لهذا المبدا والاجهزة الرقابية عند قيامها بالكشف عن المخالفة فانها انما تقوم بوضع المخالفة امام السلطات الاخرى وامام الشعب وهذا ليس فيه اي مساس بمبدا الفصل بين السلطات ان اجهزة الرقابة الادارية تعمل مع بعضها البعض لتحقيق اهدافها ،حيث يجب تحقيق التكامل في عمل الاجهزة الرقابي كونها تحارب نفس العدو ولابد من التعاون فيما بينها من اجل تسهيل ممارستها لاختصاصاتها | I've become one of the axioms of management practice today increased control and auditing standards and over to try to prevent the misuse of executives of their powers at work, has resulted in a undoubtedly a lot of time and effort, and holds the state a lot of the costs resulting from it, which may sometimes outweigh the task to be accomplished originally . Since the main function of the SAI is to exercise control over the executive branch activity and other state power bodies and ensure its conformity with the law as a result of the growing power of public authorities to affect the daily lives of people so it shows the growing need for these devices to consider citizens' complaints against the actions of the authorities, in this sense important owned SAI authority to conduct investigations on its own initiative or based on the news or a complaint, and then after issuing recommendations determines where whether citizens' rights have been violated by the administration, as he gives his opinion on existing legislation and administrative practices illegal, Valjhaz regulatory act As a person he trusted resort to resolve the dispute between the administration and individuals. To control the external administrative several types, they may be divided in terms of timing to an earlier and simultaneous control and later was divided in terms of organization to an abrupt control and censorship periodic and continuous control, may also be divided in terms of the subject to the control performance and control of the compliance in addition to other types of control. Featuring Foreign Administrative Control on internal control that the first to be organized by an independent third party for the executive branch, as distinct from administrative custody as independent bodies have nothing to do with the administrative system in the state. Varied formations regulatory agencies in the states, where does one system for these devices also does not have a perfect model can emulate and benefit from other countries, so that the states regulate the regulators as its political system, according to their need and circumstances, and this led to a difference in the way the formation of these devices, some gave this power to the Council of Ministers and others gave it to the authority of the parliamentary representative parliament, and the scope and terms of reference of the regulatory agencies are also different between the states, some states have exaggerated the granting SAI some powers and others made him merely subservient to the executive department or legislature, was the practical application significant impact on expanding or reducing these legal terms of reference of SAIs Regulators and has many specialties that reflect the importance of these devices Kaltvic, investigation and audit, investigation, and despite the enjoyment of these terms of reference, but the measure in which prejudice public freedoms enshrined in the Constitution, should be made after due process and knowledge of the judiciary protector of rights, law of the SAIs Ayalo to the will of the legislature and the constitutional rights of the people. Regulators also have the means to exercise its powers Maysaadha Kostlam citizens' complaints and Alakhbarat, and receive financial receivables reports of senior officials as well as the power settings, and other means to facilitate the performance of the terms of reference

تنظيم الاختصاصات الدستورية في نظام الثنائية البرلمانية : دراسة مقارنة == Regulation of The Constitutional Jurisdictions in The Parliamentary Dual System Comparative Study

اسم المؤلف: غانم عبد دهش عطية الشباني
اسم المشرف: ميثم حنظل شريف
الموضوع العام: القانون
السنة: 2015
الموضوع الدقيق: القانون الدستوري
الدرجة: دكتوراه
اللغة: العربية
مكان الجامعة: بابل
الصفحات الاولى:
المستخلص: Intended parliamentary bilateral system that Parliament is composed (parliament) of the bicameral engaged in the legislature, and that the distribution of legislative jurisdiction between them or in conjunction with each other, and the associated chambers system more often than not in the state, states the federal rely chambers system like the United States of America, Switzerland, and some consolidated other countries are taking the two chambers system for historical reasons, as is the case in Britain, where there are two councils House of Lords and House of Commons, or for political reasons, social, or economic in other countries. And when they can be to adopt a parliamentary binary system, that requires differing between them in terms of configuration, also requires differing in the jurisdiction of each board, and without this differentiation no longer cause duplication Parliamentary If all similar board of the Council the other, this is the difference between the two is that justifies the advantages of this system . If the bilateral parliamentary system worthy of constitutional recognition and regulation of the legal, the goal envisaged by the research are : to know what this system, and what are the philosophical foundations of him, and what are the factors affecting its inception, and to identify the legal principles governing the formation of this system control, as well as the statement of the constitutional and legal for this organization methods system through analysis of procedural rules and substantive used to organize legislative constitutional competences between the Houses of Parliament to ensure the exercise without the occurrence of a collision between the two in order to achieve legislative mastery, as well as the study of the constitutional organization of the terms of reference of non - legislative in bilateral parliamentary system. In order to achieve this goal and to take aspects Thread Search divided into three chapters and a conclusion, we studied in the first chapter of bilateral nature of parliamentary and in three sections, Pena in the first bilateral genesis of the parliamentary and the factors affecting them, and we discussed in the second section the concept of bilateral parliamentary institution and principles to them, and we studied in third provisions of the bilateral parliamentary formation in three demands Pena where differing in the composition of legislatures ways, and the number of members of both Houses and age in addition to the term of the two chambers. After that we found in the first chapter of bilateral emergence of parliamentary methods and the factors that influenced the origins and the provisions of its composition was necessary research to show how to organize the constitutional terms of reference was the subject of Chapter II Organization constitutional competences legislative parliamentary binary system has been divided by the three sections, we have dedicated the first to demonstrate the organization competencies constituent of both Houses of Parliament in the proposal to amend the Constitution and the restrictions contained in this jurisdiction and competence of each in the approval of the constitutional amendment After Esteban us so we embarked on the second part, in a statement, the organization of the two chambers in the terms of reference of the scope of ordinary legislation, Fbana regulate the jurisdiction of each House to propose laws, discussed and approved. Having demonstrated our constitutional regulation of the jurisdiction of the Houses of Parliament in ordinary legislation initiated to study the terms of reference for the organization of the two chambers in the scope of financial legislation, embodied in the jurisdiction approving the budget, taxation, regulation of public loan.Us has been shown in the second quarter that the constitutions in organizing these terms of reference are subject to general principles should be the constitutional legislator observed in the organization of legislative jurisdiction, so it was the third chapter devoted to the statement organize constitutional competences non - legislative parliamentary binary system, in three sections, we studied in the first organizing competencies Executive in bilateral parliamentary system, Fbana the constitutional organization of the jurisdiction of choosing members of the executive branch, and the conclusion of international treaties, and the declaration of war between the parties to the legislature. We have shown this section that trends constitutions differ in their organization to these terms of reference to the three directions. Some gave constitutional preference for popular board, while others went to give priority to the Supreme Council, while a third direction went to full equality between the Houses of Parliament in the exercise of executive competencies.The second section was dedicated to the statement of the constitutional organization of the terms of reference of the control in the parliamentary binary system in the three demands of our research in the first organization the right to question and interrogation between the Houses of Parliament, and we were in the second to regulate jurisdiction to conduct the investigation and propose a general topic for discussion between the orders in council legislatures, while we dealt with in the third organization jurisdiction to withdraw confidence from the members of the executive power in bilateral parliamentary system.The Esteban us that constitutions differ in the way the organization of the terms of reference for the control of both houses of parliament, depending on the nature of the prevailing political system in the country, some grant this jurisdiction to the Houses of Parliament for full equality, others give this jurisdiction to parliament without upper sitting, while he went another direction depriving both Houses of Parliament from the exercise of this jurisdiction.The third section dedicated to the study of constitutional regulation jurisdictions in parliamentary binary system, in the three demands, the first of them to show the organization of the jurisdiction of the two chambers to accuse members of the executive branch, and the second to study the organization of the jurisdiction of the two chambers in the investigation of the members of the executive branch, while we dealt with in the third organization the competence of the two chambers in the trial of members of the executive branch.Conclusion The research has Odanaha results that we have reached and proposals that focused on some of the amendments to the legal provisions contained within the vocabulary of research and we hope that the Iraqi legislature to take them

الدخل الدائم : دراسة مقارنة == Permanent Income Comparative Study

اسم المؤلف: اشراق حسن عذيب
اسم المشرف: ايمان طارق مكي الشكري
الموضوع العام: القانون
السنة: 2015
الموضوع الدقيق: القانون المدني
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بابل
الصفحات الاولى:
المستخلص: The contract is considered one of the main Commitment sources that connect the individual with his dealings with others. The dealings of individuals between them depends on the contracts signed by themselves, So the multi Resources of permanent income rise many questions about the legal description for the Permanent income .Although of the Legal description of the permanent income, it represents the path to know the legal basics that organize the permanent income, and it mentioned in Writings disperse legal this is one of the reasons to select the research in this subject, in addition to another reasons such as the lack of writings deeply in permanent income subject ,Although that permanent income subject is one of the subjects that discussed by the Iraqi Civil Law even briefly.We hope through our research to unfamiliarity with permanent income subject to rich the Researcher and the Reader, and in order to achieve the goals of the Research we will discuss the concept of permanent income through the definition (Commitment of the patrimony debtor for the Creditor it be a specific amount of money or anything else or to his successors after him according to his commitment in compensation contract),and its features like in the other Acontracts characterized with some features such as the commitment that established from that, which is paying the permanent with the will of Debtor in Solo income by paying the compensation according to the article1\695 Iraqi civil, and article1\546 Civil Egyptian with considering the law strict according to the Article 3\695 Iraqi civil, and Article 3/546 Civil Egyptian.The permanent income characterized with Executed circular contracts, and the paying will take some time, so the total amount of the permanent in come is not identified so it must written .The legal description that relied by the permanent income in organized contract represented in the benefit in the loan contract ,and the price in selling price .In the Egyptian civil law and in the addition of previous prescribed features rely on the compensation condition and the description of the receiver not like the Iraqi civil law and French Civil Law that decrease the permanent resource income on the compensation contracts only according to the article 1/694 Iraqi civil, and the Article 1909 French civil.The Plan of The Research : We will distribute the Research into chapters .The first chapter discussed the concept of permanent income in two themes ,the first theme discusses what is the permanent income Bin two requests : the first request we discussed the definition of permanent income in two branches : the first is defining the permanent income ,and the second is discussing the features of permanent income, and the second request is distributing the permanent income in three branches, the first one is the permanent income and life insurance, and the second one is the permanent income organized for life time and the third one is the permanent income and rent, and the second one discussing the legal nature of permanent income in two requests : the first request is discussing the permanent income in the contracts of loan and selling in two branches : the first one the profit of permanent income in loan contract ,and the second one the price of permanent income in selling contract ,and the second request we discussed the permanent income in grant contract by two branches : the first one is the permanent income in front of grant contract, and the second one is the permanent income conditioned compensation in Grant contract, and we specified chapter two for the regulation of permanent income in two themes.The first theme we discussed the commitments of Debtor with income in two requests, the first request is by the Debtor commitments by paying the permanent income in two branches : the first one the content of Debtor commitment to pay the permanent income, and the second one is the expiration of CDebtor commitment to pay permanent income and the second request we will discuss the Debtor commitment to present insurance for the Creditor by two branches. The first one is the personal insurance ,and the second one is material one.The second theme we will discuss the Creditor commitment with income in two requests : the first one we discusses the compensated property transfer and deliver it in two branches .the first one transferring the compensated property and the second one delivering the compensation .The second request we will discuss the compensation guarantee from disposure and merits and invisible deficits by two branches : the first one guarantee the compensation from exposure and merits, and the second one guarantee the compensation from invisible deficits conclusion our research with the results .

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

اسم المؤلف: ديار حطاب قاسم
اسم المشرف: علي عبد العالي خشان الاسدي
الموضوع العام: القانون
السنة: 2018
الموضوع الدقيق: القانون التجاري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: البصرة
الصفحات الاولى:

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

اسم المؤلف: انتصار جعفر خضر الخفاجي
اسم المشرف: ناصر كريمش خضر الجوراني
الموضوع العام: القانون
السنة: 2017
الموضوع الدقيق: اصول المحاكمات الجزائية
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: ذي قار
الصفحات الاولى:
المستخلص: The General Prosecution is considered one of the judicial jurisdiction formations, a specialized authority of protecting human rights during the levels of the panel case, it totally concerned in the good management of law applying, whether it was for the sake of the accused or the victim, in which it does not take sides for each. It represents the common good and performs its roles objectively and equally.The Iraqi legislator authorized the general prosecution to do different roles during all procedures of the penal case, on the level of investigation and collecting of evidences, we find out that it takes charge of supervision and inspection over the members of the judicial checking up in order to see how committed they are in the standards of investigating crimes without making any violation or diverging in the investigation.When instituting the penal case , we find out that it is commencing its authority in evaluating the properness of instituting the case or in how not well the process is going , agreeing with the standards , which the legislator has guaranteed to the rights of the accused , its bearing the burden of proving the charge of guilty in all details , having worked it in justice seeking innocence of the accused . Whenever it is being forced by the necessitates of investigating the truth, it might have to violate the individual freedoms, for it is not seeking to violate any rights except when the legislator has provided it with guarantees. .In a narrowed standard of the crimes, it must not call for an arrest unless the accused has given enough guarantees to show up , as well as thegeneral Prosecution will take care of the victim rights via allowing the victim the right by applying a complaint in the penal case .As on the level of primary investigation, we find out that it is playing very significant roles , that contribute in providing the necessary guarantees for human rights of the accused , in this level by way of reporting the investigation judge , and by taking charge of the investigation duties in limited situations , and by having presented the special procedures of the primary investigation .We touch upon an extension in its role too , in the level of the trial , it is the perfect supervisor over what the legislations have provided of a fair trial as a guaranty , whenever the court has issued its decision , it has the right of appealing it , if the decision of the court was absolute , it will supervise the acting out of the decision within what the legislator has decided if a problem existed in the decision , stopping the decision will be ordered in response of what humanitarian necessities have presented

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

اسم المؤلف: حيدر علي حسين علي العقابي
اسم المشرف: محمد علوم محمد علي المحمود
الموضوع العام: القانون
السنة: 2017
الموضوع الدقيق: القانون الاداري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: Aims administration when used for measures to control administrative to protect public order from any threat to him and force fall within the scope of the measures used by the administration to address the public unrest and notes that force a general concept and wide and found a number of linguistic definitions and jurisprudence have the legal Chiad did not exist only a few definitions did not means the Iraqi legislature defining force in spite of frequent appearance in the different legal texts, divided the forceused by the administration to two or two - fold, namely physical force, which includes a firearm and beatings with hands, sticks and other species have, and the second type is the moral force that relies on intimidation and coercion Cglq websites or confiscation of inciting terrorism or declare curfews in a particular area and other images of this force newspapers As the administration the authority to use force, but exceptionally so multiple or departments High varied use of force which is divided into departments from AUTHENTIC its use of force authority is the core competence and To Administrations of Dolly the original departments and be authorized to use force and also its example form the popular crowd, and noted that some of these departments use force and exercise their duties without that there should be a law regulating it or no law, but it is old and brief a Madeana to search it and the enactment of these departments to the importance of that in the practical application, the function of the administration is to protect public order, traditional and nontraditional its various components.And that the administration the authority to use force based on the number of legal bases which confers the status of legitimacy on the use of force is the famous legal basis for the authority of the administration to use force, and the ramifications of this foundation to a national basis and an international basis, the national and the foundation is intended to constitutional provisions in constitutions and legal texts in texts of various laws, regulations and instructions in addition to the judicial foundation of any decisions and judgments issued by national courts of the states, and the international foundation stems from international treaties and conventions and international conventions and declarations on human rights as well as international organizations, decisions such as the UN security Council and the General Assembly of the United nations. It is noted that the administration has no right to the use of force is permissible and absolutely always but should have to abide by a number of principles on which authority control when the use of force in order to ensure they do not exceed or arbitrariness in the use of force and these principles are many and varied What matters within the scope of our research three principles, namely, (doctrine of necessity use of force and the principle of proportionality and the principle of gradient) . The restriction to these principles is when do or provide the cause of the reasons for the authority of the administration to use force, it is without a reason zero, the use of force the authority of these reasons is the engine or generator President the authority of the administration to use force, and this causes the demonstrations illegal graduated from the scope of the project within the scope of the act Muharram or criminal, and terrorist activities and actions that move and the duty of the administration to prevent and control as well as the attempted coup against the regime in the country or change its constitution or system of government in the state and riots and many other of these reasons, and thus should be noted that the use of force in the face of demonstrations is exceptional from the original Contrary to public acts and terrorist activities and the attempted coup or attempted where it is a major and direct reasons for the use of force on the one hand the administration .And abuse or exceed their men represented by the use of force administration moves responsibility towards the damage caused by the use of force and this damage may be human lives may be money movable or immovable This responsibility knows of responsibility based on the law So artena after this study to the division of this research to the door and every door divided by into two classes, where we have dedicated the first section of the statement of the concept of power and the basis of the authority of the administration for use in Iraq and comparative law, and in Part II of the statement of reasons for the administration's use of force and the principles of the ruling in the Iraqi law and Almqa

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

اسم المؤلف: بشرى رضا محمد عبد الله
اسم المشرف: راقية عبد الجبار علي
الموضوع العام: القانون
السنة: 2017
الموضوع الدقيق: القانون التجاري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: The governmental institutions in charge of the management of oil operations in Iraq did not have the necessary interest in insurance on oil projects the last century, hence most oil contracts came void of texts binding the contractor that he must have an insurance coverage against risks accompanying the oil industry, especially when the highest risks are a feature inherent to this industry more than other industries. This is due to the nature of the circulating materials in it and their capability to quick burning and complicating the manufacturing operations which require caution when dealing with them at all stages starting from the upstream, i.e. the search stage, and drilling and then extracting oil until reaching the downstream stage and sending the product to the consumer.Despite the existence of legislative texts that oblige the contractor, who is responsible of the operations of executing governmental projects, to have an insurance coverage on the finances existent in Iraq against risks to which they may be exposed, these laws are only considered in construction contracts rather than drilling and extraction contracts. Yet, foreign companies working in the mentioned field were insuring their projects for they realize its importance to preserve the project capital and their adherence to their States' laws as well as the existence of widespread markets in this field.However, at the beginning of the present century the insurance movement became active after many governmental institutions saw the importance of insurance in the domain of oil industry, being the optimal manner to insure the project's execution course if the risk insured against occurred, and the caution of big loss to which the project may be exposed. The presence of insurance makes both parties of the contract and the other, who will be exposed to damage due to that industry, feel safe and secure.Insurance is not only confined to compensating the loss, but its field also extends to studying the risk causes, putting solutions, making procedures that prevent and limit the occurrence of the risk insured* ***********************************************************Abstract)B ( الصفحةagainst and the preclusion of its aggravation by risk management. Despite the citation of texts in the oil contracts on the necessity of covering the oil project, yet due to the weak staff specialized in insurance processes in the oil governmental institutions and the ignorance in legal texts organized to insurance works, the items in those contracts came with unclear features in that the beneficiary of compensation value is not defined and also the contractor's responsibility in this respect is not defined.Those projects are characterized by their high cost which as a result leads to high loss scale if the risk occurs, and in turn to high compensation amount of money. Thus, the foreign companies executing oil projects should search for means of protecting their capitals by having an insurance coverage against the risks possible to occur so as to secure the compensation for the losses that may occur due to accidents.Therefore, we preferred to search in the topic of the insurance contract of oil projects through shedding the light on the characteristics of this contract and the most important documents that cover the risks of oil projects, the means and ways of settling the demands and claims of compensation at the occurrence of loss as well as the ways to solve and settle disputes.

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

اسم المؤلف: بان علاء عمر محمد
اسم المشرف: حسين عبد القادر معروف
الموضوع العام: القانون
السنة: 2018
الموضوع الدقيق: القانون التجاري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: البصرة
الصفحات الاولى:
المستخلص: Temporary trademark protection is intended to preserve the right to a trademark when by it is concerned with the protection of trademark ownership when Paired with a certain period of time, which varies according to the circumstances in which such protection is legislated, or that may protect the trademark from any imminent attack Or maintained evidence from abuse or aggression when it's occurs, when it takes the form of procedure taken quickly. The importance of the research is that it discusses one of the subjects of intellectual right, which is a trademark that is especially important because of the diversity of these marks that distinguish products and services and gain specialty distinguish them from others, as the attack on the right of the trademark is of a special nature, As entail the damage is not limited to the owner's profits and sales, but may damage the value of the trademark and its moral reputation. The temporary protection of the trademark has it's own Provisions. It has not been directly covered by legislation. The Iraqi legislator has dealt with the provisions of temporary protection sporadically between the texts, making it difficult for us to establish a specific framework for such protection or to adopt a clear idea of it. The problem of research is to clarify the situation of Iraqi law on the establishment of this type of protection and it's domain in object and procedure, and the extent to which this protection coincides with developments at the legislative level in the developed countries that adopted this type of protection, And we will try to answer all these questions in the folds of this research. In the research methodology we will use the comparative analytical method. We will divide the research into two chapters, the first chapter of which isSummary…………………………………………………………………………………………………………..bspecified to the study of the definition of temporary protection of the trademark. We divided it into two topics : The conception of temporary protection for the trademark (first topic)' types and conditions of temporary protections (second topic).The second chapter is specified to temporary protections means for the trademark which divided them into two topics, temporary substantive protections means of the trademark (first topic), temporary procedural protections means of the trademark (second topic). One of our most important findings and recommendations is that temporary trademark protection seeks to preserve the right to a trademark when it is concerned with the protection of trademark ownership when coupled with a certain period of time, which varies depending on the circumstances in which such protection is initiated, On the brand of any imminent attack or keep evidence of aggression when it occurs, when it takes the form of actions taken in a hurry. We recommend that the Iraqi legislator in the Law on Trademarks designate a temporary protection section for the trademark that includes the text of the forms, terms and means of such protection

الدفع بوجود اتفاق التحكيم : دراسة مقارنة

اسم المؤلف: انوار محمد هادي
اسم المشرف: منقذ عبد الرضا علي الفزدان
الموضوع العام: القانون
السنة: 2017
الموضوع الدقيق: قانون المرافعات المدنية
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: البصرة
الصفحات الاولى:
المستخلص: Arbitration is a specific system of litigation under which two or more parties agree to settle their civil, commercial and executive disputes outside of court. Such an agreement has two main aspects; positive and negative. In the first, parties agree to settle their disputes by using arbitration, while in the second; the agreed parties shall not resort to ordinary courts for dispute settlement. Consequently, all conflicting parties and court shall adhere to such an agreement. For example, if either party violates this agreement and resorts to legal proceedings, the court shall reject his claim after having ascertained of a correct arbitration resolution attaining all requirements; yet the court does not refrain from looking the case freely. The beneficial party shall adhere to this arbitration agreement through defence called defence by arbitration agreement, as a technical method of taking effect the obligatory positive aspect agreed upon by laws, which recognize the system of arbitration, but it did not determine a precise concept of this kind of defence; however, this is not considered a deficiency in legalization because minutes and definitions are not set forth therein in the content of the law. It is a deficiency on the party of jurisprudence, which has not determined a certain concept of this defence. It is thought that it is attributable to the difference over the nature of this defence, which is not only limited to the jurisprudence, law but also to and jurisdiction. Laws in comparison differentiate about the nature of traditional defences provided in procedural laws and considering it a certain defence. Defence with arbitration resolution is considered an application of estoppels, which means in jurisprudence prevention of contradictions in acts and sayings. So, either party violating an arbitration agreement, shall be forbidden to take any measure that does

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

اسم المؤلف: احمد عبد الله خلف الكناني
اسم المشرف: وليد خشان زغير الموسوي
الموضوع العام: القانون
السنة: 2018
الموضوع الدقيق: القانون الدستوري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: ذي قار
الصفحات الاولى:
المستخلص: That the provincial councils perform their functions requires a great deal of responsibility and awareness of members, which requires the activating the self - censorship of these councils over its members as the tool that expresses the will of the council. The disciplinary responsibility is one of the most important tools for activating the self - censorship of these councils. Membership, the member may commit administrative, civil or even criminal liability. Therefore, disciplinary accountability is one of the most important pillars of the service systems in the world, because it aims to maintain order within the Council and the impact on the functioning of the Council The local supervisory and legislative work of these councils, since the member's commitment to his duties and dedication to the public interest has become one of the objectives through which the Council can perform its functions and provide its services to the fullest.There were several reasons that led to the selection of this study, including the lack of studies in the disciplinary responsibility for members of the provincial councils, showing the face of inadequacies in the disciplinary system, so addressed the subject of disciplinary liability of a member of the provincial council in the light of each of the Iraqi discipline system contained in the law of provinces not organized in Region No. 21 of 2008 amended, and the Egyptian disciplinary system in the law of the local administration system No. 43 of 1979 amending.We divided the study section primer and three chapters, we dealt with Definition local council irregular in the province ,and dealt with irregularities disciplinary of the member of the provincial council in the first chapter, and dealt with the explanation of disciplinary punishments in Chapter II, Chapter III was allocated to discuss Disciplinary safeguards for faculty of the member of the provincial council.We concluded with a final result that weak legislative treatment of the issue of disciplinary responsibility and its ineffectiveness in the law of governorates that are not organized in the amended region No. 21 of 2008, or rather the lack of a complete disciplinary legislative system concerned with the statement of disciplinary penalties for violating the system of hearings and penalties for violating the rest The duties and prohibitions of membership, the procedures for imposing such penalties, and the provision of adequate guarantees of investigation, reasonableness and proportionality between the disciplinary penalty and the violation committed by the member and ending with the grievance and judicial appeal. Party consensus and its impact on activating disciplinary accountability. B As we have reached legislator Iraqi inter of recommendations the most important of which need to establish a disciplinary system for the members of the provincial councils instead of relying on the individual treatment of The internal regulations of the provincial councils and their deficient treatments, through which the investigation and investigative committees are used to prove the violation committed by the member when the subject of his dismissal from office Membership, rather than questioning, for several reasons including that the investigative committees are more specialized and deeper in verifying the availability of the reasons for the dismissal (dropping membership) or not, in addition the interrogation is carried out by the Council itself. Either the member belongs to the majority of particular party it takes them to be lenient with their colleague or if the member belongs to an opposition party the decision to drop membership in the hands of the ruling party is based on political considerations that are more consensual than the member committing a sin or a career fault. Thus denying justice and depriving the punishment of its intended purpose of assessment and deterrence.

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

اسم المؤلف: علي وطن عنيد عاتي
اسم المشرف: محمد ثامر مخاط السعدون
الموضوع العام: القانون
السنة: 2018
الموضوع الدقيق: القانون الدولي الانساني
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: ذي قار
الصفحات الاولى:
المستخلص: The study dealt with the definition of the concept of the recovery of cultural property, in accordance with a precise presentation of the most important international conventions that defined this concept. It then proceeded to put forward the principles governing restitution, especially the principle of international law, the principle of territoriality and their impact on the principle of restitution. In view of the existence of formal and objective conditions to complete the implementation of this principle, while acknowledging the existence of criticism of each of these conditions, which may lead to the release of the condition or the whole subject of its content, that the suspicion of Iraq from the illegal trading of cultural property and difficulties In restitution This shows the multiplicity and diversity of means of recovery, which shows the urgent need to indicate the way for governments, organizations and stakeholders to contribute to the recovery of Iraqi cultural property by determining the mechanisms that can be followed for the recovery of such property, in the chaos of legislation and the lack of knowledge of the mechanisms and means that Through which the Iraqi state can restore its lost heritage as the international legislations concerned have agreed on the right of Iraq to recover its cultural property through national and international means. The legal necessity is to activate the UN Security Council resolutions and regulations. Competent in order to prevent the trafficking of Iraqi cultural property and work to bring it back, and the conclusion of bilateral agreements in order to recover as much as possible from our property located abroad, because some states provide for the need for reciprocity, in order to overcome the obstacles facing the recovery process.

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

اسم المؤلف: رنا عبد الرحيم مردان
اسم المشرف: محمد علي عبد الرضا عفلوك السلمان
الموضوع العام: القانون
السنة: 2017
الموضوع الدقيق: القانون الدولي الجنائي
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: البصرة
الصفحات الاولى:
المستخلص: Pat terrorism widespread phenomenon knew no boundaries can limit its scope, the transmission of the scourge of the land to the sea, to threaten the interests of the countries through compromise its security and safety as well as the threat of maritime trade, since compromising the integrity of the safe navigation of ships while sailing became obsessed with fear and anxiety threatens international trade in which the maritime constitute the bulk of national income economies, prompting the international community to stalking to suppress this phenomenon, the criminalization of all illegal acts that affect the safety of maritime navigation of ships planned serious criminal sanctions through legal provisions into national legislation That Iraq is one of those countries that keen on navigation safety of ships maritime terrorist acts threatened her, one of the parties was to ratify the Convention on the Suppression of Unlawful threatened the Safety of Maritime Navigation of 1988, but the problem is sometimes that Iraq, despite its accession to the International Convention of the Organization of navigation marine (IMO), but he did not issue any special legal legislation the safety of maritime navigation after the ratification of the Convention for the criminalization of terrorist acts contained in the Convention and ratified by Iraq, and at other times we find that Iraq has so far lacked a maritime law regulating the rules and provisions of maritime navigation and everything related exploitation sea, in addition to the cancellation of the Iraqi government in the final phase of the days of the US occupation of a number of laws relating to maritime navigation as a law Maritime Authority, as well as inadequate prescribed nationally in pass criminal protection of the safety of maritime navigation of ships and integrated level required by the international Organization for the safety of Maritime navigation criminal legislation . In front of this importance was the motive in choosing the subject of criminal protection for the safety of maritime vessels and its search navigation following the curriculum induction and analysis of the legal texts with the help of the cited legal texts of other nations, and to find out the criminal protection of the safety of maritime ships navigation details will divide my research in accordance with the structure based on three chapters, the first of the concept the safety of maritime navigation of ships, which includes the first two sections allocated first to introduce the safety of maritime navigation of ships, The second was the legal framework for criminal protection of the safety of maritime ships navigation, and dealt with in the second chapter of criminal protection for the safety of maritime navigation of ships, divided separation models for the two sections is also the first annexation of offenses against the safety of the ship and marine facilities, while the second section was for crimes urgent safety of people and protecting the marine environment. The third chapter annexation of the legal implications for offenses against the safety of maritime navigation of ships, divided the class into two sections, the first dealt with the criminal responsibility for offenses against the safety of maritime ships navigation, while the second section has reviewed the international responsibility for offenses against the safety of maritime navigation and the sanctions resulting from it, then followed the conclusion I have reviewed them what our findings and recommendations on the subject of the study

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

اسم المؤلف: مها ناجي جاسم
اسم المشرف: ظافر حبيب جبارة
الموضوع العام: القانون
السنة: 2017
الموضوع الدقيق: القانون المدني
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: ذي قار
الصفحات الاولى:
المستخلص: Compensation shall always be proportionate to the damage caused by the defendant. Therefore, one of the conditions for compensation is to be equal to the damage. Punitive damages, on the other hand, does not consider the damage to the extent that it considers the mistake. Punitive damages is an exception of the principle of full compensation, for it aims to punish the perpetrator and deter others from doing the same thing. A punitive damages was created by British Common Law. It is described as one of the features of the British judiciary, for the British legislator realized that there are legal cases in which the compensation does not adress the justice. Therefore, the perpetrator deserved more than just a compensation for causing damage, but he must be getting a punitive damages. Meanwhile, this act did not reach the level of crime, which is punishable under the liability system in the criminal law; thus, it was necessary to invent a punitive damages system. Aware of the shortcomings of the civil liability system in some cases, this legislation has legitimized this type of compensation in order to impose it on any reckless behavior that conducted by the defendant, rather than to compensate the plaintiff. Courts believe that composing the plaintiff for the actual damage that he suffered of is insufficient and that the defendant must be punished financially as a result of his bad behavior, and deterring anyone who intends of committing similar behavior in the future. For the purpose of the subject , We divided our research into two sections, In the first chapter, we discussed the concept of punitive compensation and its distinctive characteristics. In the second chapter, the subject of punitive damages in English law and the problems raised by the subject of the research, and we devoted The second of the field of application of punitive compensation in Iraqi law divided into two chapters, we discussed the field of application compensation punitive in the Iraqi judiciary as the first chapter, and allocated the second chapter to the field of application of punitive compensation in Iraqi legislation.

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

اسم المؤلف: احمد عكار نزال
اسم المشرف: ظافر حبيب جبارة
الموضوع العام: القانون
السنة: 2018
الموضوع الدقيق: القانون المدني
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: ذي قار
الصفحات الاولى:
المستخلص: Brokerage works have a distinct position in economic life, given the need of people, from traders and others, to who is looking for someone be a party to a particular contract, and he shall intervene, as appropriate, in the negotiations necessary for its conclusion, and this is the essence of a broker's work.The broker in this case is doing just a physical act, so he do not conclude the contract which he has mediated on behalf of his client, neither in his name, nor in the name of his client, which is a work exercised by the broker freely, and independently, for his own account, without being subordinate to his client. The Broker's undertaking to work on facilitating the conclusion of the transaction that the Client wishes to complete creates a legal relationship, regulated by a contract, called the brokering contract, it is one of the specific consensual bilateral contracts, which gained a commercial character and entered in to the scope of nominated contracts after the legislator assigned out to regulate its provisions in a special law, namely the Brokerage Act 1987.Although the general rule, is the liberty of will to conclude the contracts, but the Iraqi legislator, preferred to restriction this will to a large extent, whether in the liberty to choose the person who take over the task of mediation of, or in the liberty of arrangement of obligations arising from the contract, as the brokerage is not permissible for all those who wish to practice it, because the law restricts its practice to people of integrity from Iraqis, who have completed the twenty - fifth year of age, and must be fulltime to practice in a commercial place, after getting a commercial name, and obtaining a permit from the competent authority. These conditions of public order, violation of them shall result in invalidity of the contract, and depriving the party pledged in brokering of any right to commission or indemnity resulting from the impossibility of returning the situation to what it was as a result of nullity. In spite of the ordinary terms of brokerage contract which imposes parallel obligations on the contracting parties, the Iraqi legislator obliged the broker to perform the transaction faithfully, as well as the Iraqi legislator obliged him to keep maintain the documents relating to the transaction. The breach of theses duties involve the broker's criminal and civil responsibility.,On the other hand, the Iraqi legislator determined a fixed amount for the remuneration of broker, which the contracting parties can not be agree to the contrary, and he restricts its entitlement by two conditions : concluding of contract which mediated by the broker, and the existence of a link of causality between this conclusion and the broker's efforts, in which, without these efforts, the contract would not have been concluded. But the practical application of the rules governing the remuneration of broker, showed two problems, led to the prejudice towards broker, to the extent that his rights were wasted.The first problem, Relating to broker's remuneration in scope of formal contracts, however he deprive of his remuneration for just undoing completion the formality required by law by one of the parties, the Courts embed this prejudice, by depriving the broker of any compensation for his efforts to conclude the contract, without a legal justification.The second problem relates to the official tariff, which is no longer compatible with the value of transactions that broker mediates in their conclusion, due to the devaluation of the Iraqi currency, compared to its value at the time of the enactment of the law, who as appointed the ratios, on the basis of which the broker's remuneration, and must not exceed one thousand and five hundred dinars, exceeding the commission of the broker, the maximum limit of the remuneration, is considered a criminal offense and administrative, resulting in a fine and the withdrawalof this permit.However, the Iraqi judiciary has subjected the broker's remuneration to its discretionary power, based on a general principle that decides the possibility of changing the provisions, which based on custom or interest, if that custom or interest changes in view of the requirements and variables of life. Undoubtedly, the texts that organized the broker's remuneration, were put in the interest represented by, the reducing the overvaluation, this interest has changed by changing the value of the currency, thus, the Official tariff became an inappropriate standard to exaggeration, on the contrary, it has become a trivial amount, not commensurate with the transactions that are determined according to their value.

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

اسم المؤلف: عبد الحسين لوكي زاجي
اسم المشرف: طارق كاظم عجيل
الموضوع العام: القانون
السنة: 2018
الموضوع الدقيق: القانون التجاري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: ذي قار
الصفحات الاولى:
المستخلص: In the technological world we live in, transfer of technology is of great importance. Technologies transferred all over; from an advanced and industrialized country to a poorer developing country, from a developed country to another developed country and among firms in a developed market. The primary means of technology transfer is by imitating and making copies, which are sold on to purchasers. However, there are cases, as I will discuss further, where copying is impossible, or other cases where copying is prohibited. In those cases, technology transfer involves contracting. Agreements of technology transfer may have several methods. For example, license agreement, supply agreement for products protected by intellectual property rights, technical assistance agreement relating to the training needed to use a specified technology and acquisition of a technology based firm.One of the most new dilemma in the 21th century is the rising of technologies, and these type of modern human innovation have a complex side at its invisible hazardous, by its waste or the products that made by using of technology.That mad there is Avery important challenge in some new technologies as well as the flowing : - 1 - Biotechnology, refer to classic bio technology, and nanobiotechnology2 - Nanotechnology, means the nanorobots technology and nanomaterial technology, that deal with atoms and all tiny thing, Nanotechnology has marked its presence in various fields of science and technology. After the first and second generation nanotechnology applications it has open up the door for the possibility of applying in almost any sector of science and technology. Thus with its progress into diverse sectors, it's uses and applications are also diverse, serving a wide range of purposes like food, health and fitness, electronics, medical. Nanotechnologies refer to “technologies of the tiny”. They span domains as diverse as computing, material science, medicine, energy production and storage, etc., bring together fields as varied as physics, chemistry, genetics, information and communication technologies, and cognitive sciences, and should become virtually ubiquitous before long.Nanotechnologies are with us already. Indeed, consumers are already being offered products manufactured with nanotechnologies including cosmetics, clothing, and sporting goods. But, while technology and market analysts alike expect the very small to become very big, nanotechnologies are still emerging.3 - Informationtechnology, the important of this technology is appear at individual actives but it our info at a general web, for that reason it must be regulated in Iraq, By regulation of transfer of technology. As follow : - Bi - Simply put, technology transfer is the process by which a technology, expertise, knowhow or facilities developed by one individual, enterprise or organization is transferred to another individual, enterprise or organization. Effective technology transfer results in of a new product or service or in the improvement of an existing product or process.Depending on the nature of technology and the capacity of the recipient, the process of technology transfer may be simple and straightforward but usually is iterative, collaborative, and fairly complex. In the latter case, it may require the users to acquire new information and skills and change old habits and ways of doing things.ii - It may even require changes in the technology being transferred, to improve the chances of “fit” and optimal performance in the new situation. Technology transfer may happen from country to country, from industry to industry, or from research laboratory to an existing or new business. It may be facilitated by financial or other types of assistance and support that may be provided by government or other agencies at national, regional, local or institutional levels. This article deals with issues such as how is technology transferred; what are the main types of legal contracts for the transfer of technology and what will determine the type of agreement that is entered into by the two parties involved in the technology transfer.The creation or absorption of new technology has become a vital component for companies to improve or maintain their competitive position in the market place. Companies operating in sectors where competition takes place on the basis of price alone, such as the extraction or commercialization of raw materials, may rely on new technologies to improve their efficiency in the extraction of raw materials by improving their productive processes or acquiring new machinery and equipment. They may also use new technology to better commercialize their products or to improve their management structure, control and communication.In other sectors, where the market evolves incessantly as new products with new functions or designs appear on a regular basis, companies are forced to innovate by acquiring or developing new technologies. Technological innovation is therefore a crucial element ofiii - the competitive strategy of any enterprise, big or small, high - tech or low - tech. The ongoing integration of domestic and international markets through continuing deregulation and liberalization of markets has enhanced competitive pressure for all firms, and especially increased the technological needs of small enterprises worldwide while also improving their access to new technologies and capital goods.iv - technology in - house or to obtain it from others. While investing in technology creation may be expensive and risky, as there are many uncertainties linked to the innovation process, it has the advantage ofCpreventing technological dependence on other companies and enables the company to enhance its technological capability and to innovate according to its own specific needs.IN briefly and a finally viewing A technology transfer is any transaction which involves the acquisition of, or the right to lawfully use, specified intellectual property assets developed, owned, and/or controlled by another. Depending on the circumstances, such a transaction will involve not only the intangible legal rights associated with the specific assets, but also will require a transfer of the relatively tangible technology and other confidential information necessary for the legal rights to be properly used and exploited. Simply put, technology transfer is the process by which a technology, expertise, knowhow or facilities developed by one individual, enterprise or organization is transferred to another individual, enterprise or organization. Effective technology transfer results in commercialization of a new product or service or in the improvement of an existing product or process.Depending on the nature of technology and the capacity of the recipient, the process of technology transfer may be simple and straightforward but usually is iterative, collaborative, and comple

ضمانات محاكمـة المتهم فـي القضاء العسكري العراقي : دراسة مقارنة == Guarantees of the Hearing of the Accutane in the Iraqi A Military Judiciary A Comparative Study

اسم المؤلف: قاسـم ناظـم سلمان الجنابـي
اسم المشرف: عماد فاضل ركاب المالكي
الموضوع العام: القانون
السنة: 2018
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: البصرة
الصفحات الاولى:
المستخلص: اصبحت المحافظة على حق الانسان في حماية قانونية لحقوقه اثناء المحاكمة من اهم المبادئ التي تشغل المجتمع الدولي والداخلي, الا ان هذا الحق يحتاج الى وسيلة لفاعليته خصوصا في النظام العسكري, من هنا يظهر موضوع ضمانات محاكمة المتهم في مرحلة المحاكمة الجزائية, اذ تتجلى اهمية تلك الضمانات في ان الاطار العام يقتضي المساس بحقوق المتهم وحرياته من خلال المحاكمة الجنائية, مما قد يعرضه لمخاطر التجريم والعقاب ثم ما يصيبه من اجراءات تنفيذ ذلك العقاب, ومتى ما تم مراعاتها يمكن تفادي تلك المخاطر او التقليل منها على اقل تقدير, لذلك لجات الدول الى تبني قضاء خاص بها واسند اليه مهمة النظر في القضايا المتعلقة بالقوات المسلحة وافرادها, او قد تمتد في حالات استثنائية معينة الى المدنيين, حيث يقوم القانون الاجرائي العسكري بتنظيم هذه النوع من القضاء, وبيان اجراءات التقاضي امامه مراعيا في كل ذلك تحقيق التوازن بين مصلحتين, مصلحة القوات المسلحة عموما التي وجد لحمايتها بما تتضمنه من المحافظة على الاسرار العسكرية, وسرعة تنفيذ الاوامر من جهة, والحفاظ على القدر اللازم من الضمانات التي يجب ان يتمتع بها المتهم امامه من جهة اخرى.وتطبيقا لما تقدم جاء الدستور العراقي لسنة 2005 في المادة (99) منه بان( ينظم بقانون, القضاء العسكري, ويحدد اختصاص المحاكم العسكرية التي تقتصر على الجرائم ذات الطابع العسكري, والتي تقع من افراد القوات المسلحة وقوى الامن...) وقد ارتئينا ان نسلط الضوء على موضوع ضمانات محاكمة المتهم في القضاء العسكري العراقي من خلال تقسيمه الى ثلاثة فصول, حيث تناولنا في الفصل الاول التعريف بالمتهم في القضاء العسكري, اما الفصل الثاني فقد عني بضمانات المتهم العامة في القضاء العسكري, وفي الفصل الثالث تطرقنا الى ضمانات المتهم الخاصة في القضاء العسكري, وانتهينا بخاتمة تتضمن اهم ما توصلنا اليه من نتائج ومقترحات. | The Juridical Fiqh and bodies concerned with human rights, whether nationally or globally, have paid much attention to guarantees of the accused during the criminal court. This matter has received a huge amount of attention of those who call for human rights, as it maintains dignity and humanity of an individual. The significance of guarantees lies in the fact that the general framework allows prejudicing the accusant's rights and freedom by a criminal hearing. The accused could be vulnerable to risks of conviction and punishment and consequences of executing this punishment. Therefore, States have resorted to adopting their own jurisdiction, which is responsible for considering cases related to the armed forces and their personnel, or may extend, in certain exceptional cases, to civilians, where the military procedural law regulates this type of judiciary. Also, this jurisdiction works on disclosing litigation procedures taking into accounts achieving balance between two interests : the interest of the armed forces, which is generally found to protect it, including the preservation of military secrets, the rapid execution of orders on the one hand, and the preservation of the necessary guarantees that the accused must enjoy, on the other hand. In accordance with the above - mentioned, the Iraqi Constitution of 2005 states in Article (99) that " The martial justice shall be regulated by law, and should determine the jurisdiction of military courts whose function is limited to crimes of a military nature, committed by the personnel of the armed forces and the security forces." The researcher has decided to highlight the subject of " Guarantees of the Hearing of the Accused in the Iraqi Martial Justice" through partitioning it into two chapters, preceded by an introduction. The first chapter has dealt with the general guarantees of the accused in the military judiciary. In the second chapter, the special guarantees of the accusant in the military judiciary have been discussed. The stud has closed up with a conclusion containing important findings and proposals.

المحاكم المختصـة في دعاوى الجنسيـة العراقيـة == The competent Courts in the disputes of Iraqi nationality

اسم المؤلف: وجود خلف لفتة الزيرجاوي
اسم المشرف: اياد مطشر صيهود
الموضوع العام: القانون
السنة: 2017
الموضوع الدقيق: القانون الدولي الخاص
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: ذي قار
الصفحات الاولى:
المستخلص: الملخصالجنسية الرابطة القانونية والسياسية بين الفرد والدولة، تنفرد الدولة بتنظيم احكامها، ولا سلطة عليها فيما تضعه من قواعد منظمة لهذه المفردة، ولاهميتها اختلفت الدول في اعطاء مرتبة القوة لاحكامها، فبعضها جعلها من اعمال السيادة، ومنع المحاكم من نظرها، في حين ذهب الاتجاه الاخر الى عدها من اعمال الادارة العادية الخاضعة لرقابة القضاء، وهذا الاخير عندما اخضعها للقضاء، ذهب في ذلك مذاهب مختلفة، فبعضها ذهب الى منح الاختصاص للقضاء الاداري، كما في مصر، وجعل كل منازعاتها خاضعة لهذا القضاء، بيد ان بعضها الاخر ذهب الى اختصاص القضاء العادي بها، كما في فرنسا، وهناك اتجاه اخر ذهب الى ان المختص بها هو هيئات او لجان مختصة غير تابعة للقضاء الاداري ولا حتى للقضاء العادي، كما في دولة الكويت وعمان .بعد التغييرات التي حصلت بالنظام في عام 2003، وجد المشرع العراقي نفسه امام قانون جائر للجنسية العراقية، نتج عن تطبيقه حرمان المئات من العراقيين من جنسياتهم بدون سبب، وفي عام 2005 بعد صدور الدستور العراقي، كان قد تضمن احكاما تتعلق بالجنسية العراقية، لم يكن تتضمنها التشريعات السابقة، وبه صدر قانون الجنسية العراقية النافذ لسنة 2006 الذي تضمن الاحكام التي جاء بها الدستور، والتي حرص المشرع فيها على الغاء الاحكام الجائرة الموجودة في القوانين السابقة، ومن ضمن هذه الاحكام نصه على التنظيم القضائي في دعاوى الجنسية العراقية.بيد ان الاتجاه المتبع في العراق غير واضح المعالم كما في تشريعات الدول، بل جاءت النصوص المنظمة لهذا الاختصاص بمصطلحات غير دقيقة، ومعنى غير رصين، لا يبين على وجه الدقة من هي الجهة صاحبة الاختصاص، لذا ثارت الخلافات بين اتجاهات الفقه العراقي، فبعضها ذهب الى ان القضاء الاداري هو المختص، وهو ما متسالم عليه تقريبا، بكون محكمة القضاء الاداري هي من تختص بهذه المنازعات، وبعضها الاخر ذهب الى ان محاكم القضاء العادي هي المختصة بهذه المنازعات، متمثلة بمحكمة البداءة؛ كونها خليفة المحاكم الادارية التي ذكرها المشرع بالنص، هذا من جهة النظر الابتدائي، اما من جهة الطعن في الاحكام الصادرة في دعاوى الجنسية ايضا كان الخلاف سائدا في تحديد الجهة المختصة، فبعضها ذهب على انها المحكمة الاتحادية العليا، وبعضها ذهب على انها محكمة التمييز الاتحادية. | Nationality is a legal relation between the individual and the state. The State has the right and authority to regulate the provisions of nationality and there is no authority over the State to regulate the rules of nationality. For the importance of regulating the provisions of nationality, states different in giving legal force to their provisions. Some countries have considered them from the acts of sovereignty, while others have regard them as normal acts of administration which must be subject to judicial oversight. The jurists have different on the determination of the judicious objection to resolve nationality disputes. Some jurists consider the administrative jurisdiction to be the solution to those disputes as in Egypt. Other jurists consider that the ordinary judiciary is as competent as in France. There is a new trend that assigns the task of resolving disputes to competent committees. These committees are not subject to either the ordinary judiciary or the administrative judicial, as in Kuwait and Oman. The Iraqi legislature has found that the old nationality law is an impartial law that has left many unfair applications. One of those applications, where hundreds of Iraqis are preempted from retaining their nationality for no apparent reason. In 2005, the new Iraqi constitution includes new provisions relating to the regulation of nationality, and accordingly to the Constitution, the Iraqi Nationality Law was issued in force in 2006. The new Iraqi nationality law contains provisions approving the articles of the constitution, in which the legislature is keen to repeal the old unfair verdicts found in previous laws. One of the most important provisions that the legislature referred to is the judicial organization of disputes in cases of nationality. The legal trend applied in Iraq is not clear other than the legislation of other countries. The provisions governing the jurisprudence of sexual disputes are inaccurate and imprecise. Correspondingly, there has been a doctrinal dispute in Iraq. Some jurists consider that the administrative jurisdiction is the judicial competent to resolve disputes, and the Administrative Court is the body authorized to resolve the disputes of nationality. Some of the jurists consider that the court of first instance is the competent court. As for the challenge of judicial decisions relating to the disputes of nationality, there was also a jurisprudential dispute about who is the competent court to receive appearances. Some jurists define the Federal Supreme Court, others choose the Federal Court of Cassation

استبعاد الادلة الجنائية غير المشروعة : دراسة مقارنة == Exclusion of illegal Criminal Evidence (A Comparative Study

اسم المؤلف: عبد الحسن دويج خفيف
اسم المشرف: ناصر كريمش خضر الجوراني
الموضوع العام: القانون
السنة: 2018
الموضوع الدقيق: القانون الجنائي
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: ذي قار
الصفحات الاولى:
المستخلص: The leading legal idea in the legislation of criminal procedural laws, is in the balance between the interest of society in the fight against crime, represented by the right of the state to punishment, and the interests of individuals in protecting their rights and freedoms guaranteed by the constitution, these laws take multiple ways to achieve that budget, all of which stem from the principle of criminal legality, that principle that delineates the process of criminal prosecution, which would determine what constitutes acceptable behavior to the parties to the criminal dispute and what is not, and ensure respect for what is imposed by this principle, We have asset of sanctions, come in the forefront of them, exclusion of illegal criminal evidence, through the waste of work contrary to that principle, in terms of its legal effects, and to exclude any potential benefit from that action, the exclusion of illegal criminal evidence in fact is a link between the theory of invalidity on the one hand and the theory of criminal evidence on the other, that is, what is derived from what is contrary to the theory of invalidity can not be accepted in the rules of criminal evidence.The importance of excluding illegal criminal evidence is highlighted by the paucity of the legislative rules governing it, and that they involve as well as substantive a delicate philosophical aspect, the subject of the study is related to many of the principles established in procedural criminal law, the exclusion of illegal criminal evidence is widely applied in the field, the rules of legality of criminal procedure are broad and numerous, and the possibility of violating them is natural and imagined in many cases, it is therefore important to protect the(B(right and freedoms of individuals from the abuse of power, so the subject of the study will be based primarily on what that idea is, through the definition and statement of nature and rationale and legislative status and the most famous discussions on the usefulness and rules and exceptions, this is done by comparing the position of Iraqi law on the one hand, and the United States of America and Egypt on the other.The study concluded that the exclusion of illegal criminal evidence is the basis of the constitution, although not in the explicit texts, as the spirit of the constitution leads to it, because it inters the field of right and freedoms which is the core competence of the constitution, but is the basic goes with it a presence and nothing, when a constitutional legislator establishes a right, the right holder must have access to it, otherwise his words will become, hollow and pointless, it is an increase, the constitutions are distinct from the increase, the exclusion of illegal criminal evidence was the effective means by which the right holder could be entitled to redress, this is based on the fact that the ordinary legislator complies with this basis and ensures that his texts are useful, the study also concluded, that the exclusion of illegal evidence is a means of judicial control, including the penalty imposed on the wrongful procedure and the resulting evidence by stripping it of its legal value, and destroy any effect that results from it, the realization of exclusion also enhances the confidence of individuals in the state, because it ensure that illegal evidence is not accepted, to accepting the defective means before the judiciary to obtain evidence.

قانون رعاية الاحداث العراقي ومعايير حقوق الطفل الدولية : دراسة تاصيلية تحليلية == Iraqi Juvenile Welfare Law and International Standards of the Child's Rights (Constitutive and Analytical Study

اسم المؤلف: احمد عبد السلام حسن سعيد
اسم المشرف: حسين عبد الصاحب عبد الكريم
الموضوع العام: القانون
السنة: 2017
الموضوع الدقيق: القانون الدولي الانساني
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: ان قانون رعاية الاحداث العراقي رقم (76) لسنة 1983 النافذ بالاسس التي استند اليها، والنصوص التي جاء بها، والاهداف التي يسعى الى تحقيقها , وضع نظاما متكاملا لا يقتصر على اصلاح الحدث الجانح، وانما يسعى الى وقايته من الجنوح وشموله بالرعاية اللاحقة لمنعه من العود الى الجريمة، فقد تبين من هذه الدراسة ان قانون رعاية الاحداث يعد قانونا متطورا ومواكبا للسياسة الجنائية الحديثة سواء في مرحلة التحقيق الابتدائي او في مرحلة المحاكمة في سبيل مراعاة مصالح الطفل الفضلى، وقد تضمن هذا القانون نصوصا تقضي بسريان احكامه على الاحداث الجانحين والمشردين، واورد الحالات التي يعد فيها الحدث جانحا او مشردا، كما وقد بين مسؤولية الاحداث الذي اتموا التاسعة من العمر الى حين تمام سن الثامنة عشرة، وبين التدابير المفروضة عليهم في كل مرحلة. كما وان المشرع العراقي في القانون الحالي رفع سن الحدث الى تسع سنوات بعد ان كان محددا بسبع سنوات في القانون رقم (64) لسنة 1972 الملغى، وان هذا الاتجاه في تحديد سن المسؤولية الجنائية يتلاءم واعتبارات تتصل بعدم ادراك الحدث دون هذا السن الى طبيعة فعله المخالف للقانون وعدم القدرة على الاستبصار، وجاء قانون رعاية الاحداث العراقي بنص متطور يتمثل بالرعاية اللاحقة للحدث بعد انتهاء مدة ايداعه ، هذه الرعاية تمثل الوسيلة المتممة للعلاج وتحول من دون عودته للجنوح، وان ذلك يحقق المواءمة مع معايير حقوق الطفل الدولية. وعلى الصعيد الدولي فان هناك العديد من المواثيق الدولية التي تخص الاحداث او الاطفال وتحديدا اتفاقية حقوق الطفل الدولية عام 1989 ، هذه الاتفاقية شملت الحقوق الاساسية كافة للطفل فقد حددت الكثير من الامور المختلف عليها، ومن ضمنها تحديد سن الطفل لغاية الثامنة عشرة من العمر، وكذلك حماية الاطفال المعاقين، والضمانات القانونية لحماية حقوق الاحداث. ولما تقدم تناولنا المواءمة في البحث الموسوم ( قانون رعاية الاحداث العراقي ومعايير حقوق الطفل الدولية دراسة تاصيلية تحليلية) في ثلاثة فصول، ففي الفصل الاول تناولنا التاصيل التاريخي لحقوق الاحداث، اما الفصل الثاني فقد تناولنا فيه الحماية القانونية للاحداث، وقد خصصنا الفصل الثالث لبيان مدى المواءمة بين قانون رعاية الاحداث العراقي، واتفاقية حقوق الطفل الدولية عام 1989، وقد اختتمنا هذه الرسالة باهم الاستنتاجات والمقترحات، سائلين المولى عز وجل ان يوفقنا في ذلك. | The effective Juvenile Welfare Iraqi law (76) year 1983 with the foundations on which it was based , and the texts whom it brought , and the goals it attempt to reach , has formed a full system that does not only treat the juvenile delinquent but also attempt to protect juveniles from the delinquency and to be covered by subsequent care to prevent them from returning to the crime ,this study shows that the Juvenile Welfare law is a progressive and consistent law for modern criminal policy whether at the investigative stage or at the trial stage in order to take into account the best interests of the child. This law includes provisions to enforce its judgments on juveniles and displaced persons , and this law stated cases in which the juvenile is considered an offender or a homeless person , it also stated the responsibility of juveniles who have reached the age of nine to the age of 18 and the measures imposed on them at each stage . Also, the Iraqi legislator in the current law raised the age of the juvenile to nine years after it was specified by seven years in the canceled law (64) year 1972 , and that this approach in determining the age of criminal responsibility is compatible with considerations related to the unawareness of the juvenile under this age to the nature of his illegal action and inability to foresight. The Iraqi Juvenile Welfare Law also came in the form of an advanced text of post - care of the juvenile after the expiry of the period of his/her welfare. this care represents the complementary means of treatment and preventing from his/her returning to delinquency and this makes it in line with international standards of the child's rights . And at the international level, there are many international agreement concerning juveniles or children , specifically the Agreement of the Rights of the Child for the year 1989. this agreement covered all the basic rights of the child , It has identified many controversial issues, including determining the age of a child up to 18 years of age, protecting children with disabilities and legal guarantees to protect the rights of juveniles . For the above mentioned, we have dealt with harmonization in the research named ( Iraqi Juvenile Welfare Law and the International Standards of the Child's Rights/ a Constitutive and Analytical Study) identified in three chapters, In the first chapter we discussed the historical rooting of the rights of the juvenile , as for the second chapter, We dealt with the legal protection of juveniles , and we have devoted the third chapter to the extent of harmonization between the Iraqi Juvenile Welfare Law and the International Agreement of the Child 1989 , finally we have concluded this thesis with the most important conclusions and proposals, asking the Lord Almighty to help us

اثر القانون الشخصي على قواعد تنازع الاحوال الشخصية == The impact of personal law on the conflict of the personal status rules

اسم المؤلف: نسرين حسن كوني
اسم المشرف: اياد مطشر صيهود
الموضوع العام: القانون
السنة: 2017
الموضوع الدقيق: القانون الدولي الخاص
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: ذي قار
الصفحات الاولى:
المستخلص: Verily the particular relations amid individuals which are really admixed with foreign element, do need to a conflict rulein self concerning to identifythe required practicable law. It is also including the personal civil affairs which has been selected the personal law to be the required practicable law in it, due to its nature which is definitelycharacterized with stability.That law which has no longer been available after the change which has been carried out by Iraqi nationality law No 26 in 2006 which do ensure the individual right to change nationality. Thus it really imposes on in waytoreorganize the rules concerningthe personal status written down in Iraqi civil law No 40 in 1951 to be in harmony with what are prevailing now.According to that, we herby suggest presenting alternatives and bases dependable for the sake of coping with development and to make conflictrules which are entirely featured with reality and logics.In the past and still therules of conflict of personal statusconcerning marriage located with greatargument in jurisprudence whether between supporter and opponent for two reasons; First of all,that concerned of preferring the husband nationality law to wife's. Secondlyto hold on of the personal nationality law at the time of entering into marriage. Therefore,jurisprudence has suggested presenting alternative laws asfor, will law, and judge law,which a conflict ensued before him.In the same way for theadvantage which is granted by the national law maker to his law whether for the sake forindividuals oreconomy. That may which form a breach to conflict riles which are relied uponpreferring likely best law.Therefore, this is really considered unstable, as for various motives and pretexts behind its confirmation and not be violation in some cases of practicing such as in inheritance which obliged to shift the money of foreigner dead which are existed in a country to the same country incase of no inheritor for him due state is more rightful to any other country, as long as it does not form violation to stableinheritance rules

الحماية الجنائية للعقار == The Criminal Protection For The Property

اسم المؤلف: كاظم عزيز معيلي الانباري
اسم المشرف: احمد كيلان عبد الله
الموضوع العام: القانون
السنة: 2016
الموضوع الدقيق: القانون الجنائي
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: 1 - The Iraqi criminal lawgiver insure the criminal protection for the property for the properties of persons and state, the lawgiver authorize the criminal protection for the properties to the law of punishments No. 111 for year 1969 (amended) according to its items (1,6,7), that its role put a texts of conviction and punishment on it whether this property for the persons such as lands , building , houses ,or for state such as lands , building , establishments, public properties ,special properties , and whether it were done by normal person , employee , or taxpayer of public service such as crimes of invasion of houses , attack on the property , confiscation it by force , damage it by destruction ,burn , flood , or by transfer or remove the border between the properties of the persons , or between the properties of persons and the state whether this property was be pure or charitable entail .This research deal with the crime that touch the security or independence of inside or outside of state such as crimes of external armed military raid or occupation on region of Republic of Iraq by one state or many foreign unfriendly states whether this occupation happen as full by fail regime and put it under the government of direct military occupation or entrance of armed military enemy in the land of Iraqi state region, or entrance in its part , or occupation for city , or village , and full control by direct military , or the neighbor country doing a crimes of transfer , remove, or change the region borders , marks , or official border support for Iraq .The criminal lawgiver for the crimes that were located on the properties of persons and state from the crimes that were seen by criminal judge of property location , and the local court of misdemeanors only specify for the lawsuits of properties if the crime as misdemeanors , but if the crime as felony this lawsuit was deal by court of felony according to the type of crime and danger of guilty .2 - Then the lawgiver authorized to the principles law of the criminal courts No.( 23)for year (1971) (amended) a responsibility of take the necessary criminal procedures to move the lawsuits of properties according to the items(1,2,3,9) starting from direct indictment and the judicial and primary investigation , transferring , pleading , and the decision until executing the decision that was issued for the guilty after this decision was granted the final degree without the objection when finish the legal period by executing the decided punishment by jailing the guilty for complete the decision of guilty .3 - Then the lawgiver authorized to the criminal judgment to take the pleading procedures by the public , facing , and oral method according to the judicial organization No.(160) for year (1969) (amended) item (1/first) to achieve the justice , and making authority of the justice accordance for the natural and moral persons as public and special at the item (3) , and making the pleading as public except the court diced to make this pleading as secret to save the public system and considerateness the public ethics or family sanctity , and spoken of decision as public at the item (5) , then making the decisions have issue and executing vicarious the people at the item (6) .
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