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السلطة التقديرية للقاضي في العلاقات المتعلقة بالاشخاص ذات العنصر الاجنبي : دراسة مقارنة == The Discretionary Power To The Judge In Relations To Persons With Foreign Elements Comparative Study

Author name: نجاة كريم جابر الشمري
Supervisor name: عبد الرسول عبد الرضا جابر الاسدي
General topic: Law
Specific topic: Private International Law
Degree: Master
Language: Arabic
University location: Babylon
First pages:
Abstract: ان السلطة التقديرية للقاضي في العلاقات المتعلقة بالاشخاص ذات العنصر الاجنبي تلعب دورا مهما وحاسما، هذه الفعالية التي يملكها القضاء في اطار هذا القانون تتسق مع فلسفة وجود القانون الدولي الخاص , فهو قانون لا يقوم على الفردية والانعزال، بل على الانفتاح | The discretionary power of the judge in relations relating to persons with foreign element plays an important and critical role, this event is owned by the judiciary in the framework of this law that are consistent with the philosophy of the existence of private international law, as a result of the expansion of the legal Relations to persons and their movement across the border from one country to another ,therefore Private International Law does not based on individual and isolation ,but on the openness between the countries. Perhaps this diversity and dispersal is the one who justified the lack of full rationing to deal with all disputes concerning about them, which throws all its weight on the judiciary to exercise an important role in this relationship because of its discretionary power in assessing each case alone , judiciary as a last resort for litigants him to govern justly among them and it cannot be invoked or to decline to do so under the cause blurred text or lack of it, has resulted in this changing reality (the decline of the role of the legislature) to give a large area of the judiciary in that used his discretion and diligent essayed industry solutions in cases of non - existence of the text, and even he with a text by hypothesis, in some cases, that complements and enhances this text exist and starts Bmle legislative blanks.In the field of international transactions in order to reconcile the data and the requirements of real - life relationships relating to persons with foreign element. Legislature and Judge works both according to the theory of extensions and integration, the former security need for the survival of his role limited to general guidelines because of the lack of its potential to familiarize themselves with all the details and facts divisions and complexity of the ever - changing changing human needs, the legislature by seeking that he wanted to give the judiciary the possibility of this confrontation has grown and grown this role to spend more and more, especially in the legislative and judicial pluralism countries. As notice that most legal systems moving toward granting the judge wide discretion power in the works effected Rule as is the case with English law as the law is codified (in accordance with the case law), so it gives to judiciary the force of law the judge is the one who makes the legal Rule and establish it through judicial actions, and in return, others as Germanic legislation abandoned the idea of arbitrary discretionary power or absolute.The judge use the effected Rule so that no longer have a presence in the field of nabimal judiciary when separated in the Relationships of foreign element because they lead existence of the State of illegal controlled by arbitrary and no room to estimate the but succumb to the wishes and desires of the judge and this cannot be taking it in practice, so it requires that the judge proceed with his work in the light of the disciplined law source, judge exercised his authority and derives its mandate from the legislature, which defines the scope of this authority in accordance with the provisions of the legislative detailed, as is the case in matters of personal status such as marriage and divorce.We have made clear from our study that the judiciary in general and the resolution, in particular, is not correct on its own, but higher courts monitor the application of the judge to effected Rule, as a national legal basis in order not to lose the power and the limits are exceeded by the judge, the Judge makes a binding good interpretation and application, whether it is losing sight of the Judg application , despite the availability of the conditions applied, or applied automatically without respect for the principles of impartiality of the judge and respect for the rights of the defense or it comes to make a mistake in the application, as a national legal Rule whether to adapt the legal issue in spite dispute or in the application of effected Rule where properly applied, or in determining the scope law ascribed to monitor the conditions applied, whether this rule double or single side, whatever the nature of the rights as regulated by the judge erred in that the judgment be set aside for the violation. That's what my study focused about what he should be enjoy with discretionary power to provide protection of the peoples, Rights , and perhaps difficult point of this issue lies in the comparison between the states legislation that we have taken exclusively as the civil law of Iraq, Egypt of one hand, and civil law of French, English on other hand. What is worth point out that the aim of this study , but a detailed vision for the discretionary power of the judge, Through Limits of this power in the framework of the special nature of relations to persons with foreign element in order to improve and encourage national transactions across international borders in accordance with this the idea we will try to prove in this modest study, the discretionary power of the judge in relations to persons with foreign element and that these terms were instrumental, but I weighed used to my belief in the significant role played by the both of them, Sometimes as we said before the judge gives discretion was the latter represented are known authority of appreciation, a flexibility that you get a tacit agreement between the legislature and the judiciary, which the legislator seeks its report to events or imported balance character between change reality and rigidity of the text in order to keep abreast of new developments in the framework of the reality of life, and this role can be termed without hesitation role of supplementing the work of the legislature, and in humble appreciation that the latter role is in the discretionary power inherent in the work of the judge, and at other times narrow and lacking the authority of the judge in the framework of legislative texts with legislator scope to the discretionary power of the judge. detailedAccordingly, this modest study will take care of, to study the features of the discretionary power of the judge in relations to persons with foreign element in terms of concept of the discretionary power of the judge and distinguish them from adapting, and what limits the scope of outstanding personal rights relations, as well as relations relating to personal status.

الرقابة المصرفية على عمليات غسل الاموال : دراسة مقارنة == The Banking Supervision Of Money Laundering A Comparative Study

Author name: طيبة احمد علي
Supervisor name: ابراهيم اسماعيل ابراهيم الربيعي
General topic: Law
Specific topic: Commercial Law
Degree: Master
Language: Arabic
University location: Babylon
First pages:
Abstract: يعد موضوع الرقابة المصرفية على عمليات غسل الاموال من المواضيع المهمة والمتعلقة بالنظم الاقتصادية، وذلك لما للمصارف من دور فعال في الحياة الاجتماعية والاقتصادية، فضلا عن دورها المهم في التنمية الوطنية بوصفها مركزا اساسيا للائتمان وتمويل المشاريع التجاري | The role of banks in monitoring money laundering transactions regarded as a main topics in economics systems; as banks play an active rule in so social and economic life.Also banks have vital part in national prosperity because it represent a main center for credit and for funding commercial projects and public services for all members of society.Bank should monitor all of his transactions, and there are a necessity of monitoring legality of bank accounts opening and banking credits. Bank Monitoring guarantee the transparency of financial transactions and avoid the many dangers, especially the phenomenon of transforming money from illegal sources to legal one by money laundering.Money laundering take many forms, some of them related to banks, like guarantee loans , Documentary letter of credit, banks accounts. Other forms are non - banks related, like using stock exchange markets and shell companies or through opening accounts and transferred money by electronic means to avoid detection by authorities.So Bank monitoring divided in two types : internal monitoring commence by bank boards of of administration or any entity have authorization by bank to do so.External monitoring execute by other authorities like central bank and external accounts oversight.The bank have many protocols and procedures to monitoring financial transactions, the main procedures are represent by two stages; The first stage to thwarted money laundering like verification of credibility of clients which include gathering Data from internal and external sources about client's financial status and take a right decision based on that data. Also bank stored all documents related to client's identity and sources of his money and all transactions between the bank and the client which enable bank to use this documents as an evidence to resolve issues arise between them.The second stage start after the discovery of money laundering of suspicion arise about it. This stage have many procedures like inform authorities to investigate the suspicious activities, and also freeze and seized assets related to this activities.From all that we concluded that bank have to make a balance between his right to monitor suspicious activities and the client's right of maintaining good reputation. The reasons for balancing is to avoid damaging client's reputation by issue a hesitate decisions relating to suspicions of money laundering. Also this decisions could held bank responsible in civil compensation especially if the client is a well - known merchant and that weakened his credibility.Also the bad decisions by bank could held him liable administratively by higher authorities, because bank have responsibility to choose right employees.

جريمة الانتفاع من المقاولات او الاشغال او التعهدات : دراسة مقارنة == A Crime Of Benefit From The Construction Works Or Undertakings A Comparative Study

Author name: علي حمزة جبر
Supervisor name: لمى عامر محمود
General topic: Law
Specific topic: Criminal Law
Degree: Master
Language: Arabic
University location: Babylon
First pages:
Abstract: تعد جريمة الانتفاع من المقاولات او الاشغال او التعهدات من اخطر الجرائم التي تقع على الوظيفة العامة وعلى المال العام المتمثل بالعقود العامة , اذ ان الجريمة محل البحث تمثل تعديا وانتهاكا للمباديء التي يقوم عليها التعاقد في عقود المقاولات او الاشغال او ا | It is of the most serious crimes, which lies on the public office and public funds that representative by the contracts, since the crime in question represents an infringement and violation of the principles of the contracting, which include confidentiality and respect the principle of equal opportunities and respect for free competition among the candidates to win the tender. However, those principles may be violated by the officials who are responsible for the tendering and contracting, therefore; the legislature intervened to criminalize for employee who is getting benefit or commission of completing these stages that he is in charge of. Thus, based on the importance that imposes itself as a necessity of the necessities of scientific research in such a subject and through what we have mentioned above, we have reached some results , the most important of them is inadequate punitive text cited by the legislator as a punishment against the perpetrators of this crime and that is disproportionate to the size of this crime by increasing its perpetrating rates, and that not following the legislative development given to this crime comparing with the legislation of Kuwait, Egypt who are very strict in the consequences of this crime. Also, we did not find enough attention from the legislature to avoid the occurrence of this crime by strengthening the legislation governing public contracts because this legislation's inflation and its plentiful is another factor of committing this crime. So we have asked the Iraqi legislator to edit the text of Article 319 of the Iraqi Penal Code to increase the punishments with redrafting the text to include the various situations that are used by the perpetrators to commit the crime, also we have asked the Iraqi legislator to issue a public contract law to be the special legal reference for the public contracts, and cancel all legislation, regulations, instructions and classified in one of legislation package. The importance of this topic is come from two sides : The first is the theoretical side, the subject of our research occupies a paramount importance in terms of legal research because there is no a specialized legal reference "in Iraq" has been dealing with this crime in all its parts, and have not get adequate attention by the Iraqi jurisprudence, as the jurisprudence does not mention the crime only through transient signals which do not meet all the tenors and contents of this crime. Furthermore, this topic has passed several of legislative developments in Egypt, Kuwait and France, but did not cast enough attention from the Iraqi legislature, where the legislator did not take the initiative to review the punitive provisions that dealing with the public contracts, including the text of the article (319). The second side is the practical importance of this topic where this importance come from the importance of public contracts themselves for being the mouthpiece of the most important aspect of the management's activities and through which it seeks to meet the needs of individuals as well as of the importance of protected interest which legislator wanted from criminalization text, namely the protection of the integrity of public office and public fund. The problem of the research is concentrated on the inadequacy of the punitive text cited by Iraqi legislator in Article 319 in the Penal Code as a main punishment imposed on the perpetrator of the crime ,and is thus contrary to the principle of aggravation punishment for crimes related to public fund, but that the punishment lagging from the articles that preceded it as the crime of mala fides damage of the funds and interests which cited by the legislator in Article (318).Whoever cause detrimental damage to the of one of the government departments and the public sector will be penalized by an imprisonment while the employee who get benefit from work of contracting will be punished by imprison or imprisonment for a term not exceeding ten years in addition to the lack of clarity of Iraqi legislator concept regarding the case of restitute of public funds for this crime and common crimes having same effect. Sometimes adapts it as a financial penalty and sometimes put it in a vague situation. As part of the applied field, the provisions of the Iraqi judiciary has reinforced the dilemma contained in Article 319 of the Penal Code, which reached to the extent that empties punishment of its content.The majority of rules issued by the judiciary are imprisons, unlike the aggravation that we'll find in judicial rules comparing with other countries, especially Egypt and Kuwait.In line with what has been presented, we have adopted the analytical comparative method in the study through the legislative texts that dealt with subject to reach the results that the study aimed to. Relying on the position of the legislators in Iraq, Egypt, Kuwait, France for the purpose of comparison, also some international conventions that ratified by the legislation under study will be discussed , since it became an integral part of internal legislation, and whenever required for the search.The scope of the research in this study was distributed into two sides : First, is the legislative side, which is limited on the side of criminality punishment only as beyond the scope of our research into the use of public contracts in the administrative legislation and what is the authorization of the management to impose punishment against the beneficiary employee of such contracts. The second is with respect to how to handle the topic of this study, as it was limited on the objective side only, while the procedural aspects that might be against the crime will be outside the scope of our research.A consistent plan has been created in line with the objectives of the study and its goals, and based on that we will divide the research into three chapters preceded by an introduction. The first chapter will be allocated to indicate and explain what the crime of benefit from work of contracting is. This chapter consists of two sections, the first section deals with the concept of the crime of benefit from work of contracting, and the second section deals with the crime essence and the protected interests in this crime. The second chapter is devoted for studying the elements of crime, and this will be through two sections. The first section deals with the special basis of the crime, and the second section deals with the general basis of the crime. The third chapter is displaying the effects of the crime and that's by two sections, the first section is devoted to state the penal effects of the crime, and the second section will state the non - penal effects of the crime. Finally, we will write a conclusion at the end of this thesis, stating the results, recommendations and proposals.

مبدا المساواة في القانون الجنائي : دراسة مقارنة == Principle Equality In Criminal Law Comparative Study

Author name: حسين ياسين طاهر
Supervisor name: اسراء محمد علي سالم
General topic: Law
Specific topic: Criminal Law
Degree: Doctorate
Language: Arabic
University location: Babylon
First pages:
Abstract: مبدا المساواة من المبادئ الاساسية التي يتوقف عليها تحقيق العدالة من خلال ضمان عدم التمييز بين الاشخاص بسبب الجنس او العرق او القومية او الاصل او اللون او الدين او المذهب او المعتقد او الراي او الوضع الاقتصادي او الاجتماعي، لذلك يكفل عدم التمييز بين الاشخا | Equality is regard as a basic principle in criminal law , the fair depend on equality which is all the people ideal target to reach so the powerful men try to concern and pretending equality this is from one side , from the other side the rules of criminal laws conducted with most important rights of human being like his life , body safety , and his freedom and this is cannot be done without non discrimination because of the race, root , or nationality or color or religion or believe or opinion or economic situation or social situation , so non discrimination among people can guaranteed the equality to convince people with absence of non discrimination , but this can face some difficulties in applying because of the privileges awarded to some people due to their law positions and the nature of protected rights by criminal text laws ,so the literal applying of equality caused non equality due to the un fair affected whom their legal positions or the rights under assault so the legislator working to resolve the non discriminated practically with abstract view regardless of personal considerations due to the coverage of solo discrimination is impossible. to reach the equality and getting the target of penalty and guaranteed its effectiveness the judicial power awarded estimated power to increase the rehabilitation versus the hurts of punishment and because both is reached during executions the judicial power authorize the means which could complete the target of punishment by considerations of personal discriminations.The importance of equality in judicial law include all the texts parts and regulations process parts. the changing in the target of penalty reflects on most principals of judicial law including equality which take a modern concept different from the previous concepts. previously the equality was viewed as numerical legal aspect for all people without discrimination and this is a result for logical criminal concepts but after transition in punishment of crimes the personal standard arise and offender start to viewed as person out of right side and the target of punishment is rehabilitations and to reach that the fitness of punishment with the offender should be taken as reality.To cover the subject of research we take it in three parts : The first part is what is the equality in criminal law which is divided into two research the first one subjected to the principal of equality in criminal law.The second part subjected to the basic and its unity of equality in criminal law.The second part subjected with the legal provisions of equality in criminal law which include two research the first for texts for equality in criminal law.The second research for regulations of equality in criminal law.The third parts subjected to two researches the first one for exceptions in equality of crimes and punishments which we deal it in two research.The first one for some exceptions for crime and punishment.The second for the exceptions in rules of regulations

دراسة في القانون الدولي الانساني والقانون الدولي لحقوق الانسان == A Study In The International Humanitarian Law And The International Law Of Human Rights

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

Author name: حيدر كاظم عبد علي السرياوي
Supervisor name: عصام عبد الرزاق العطية
General topic: Law
Degree: Master
Language: Arabic
University location: Babylon
First pages:
Abstract: This subject is considered one of The most important subject humanitarian international law, because The phenomena of civilians aggression women, children and civilians, more over, they participate in that fighting, the most hostilities nowadays are internal hostilities within territorcal limitation of state, the humanitarian law took that case into account, it provides women children civilian and the solidures the protection during armed conflicts. So to that subject, we preferred divided into two chapters. The first chapter deals with protection civilian women and children, and within first chapter divide to two searches, search one deals with protection women and children from effect of aggression, search two deals with badusing of authority from animy. Chapter two : the chapter specialized from protection the women and children fighter which divide into two search, the search one deals with share of women and children aggression works, the sezrch two deahs with to protection women and children in case of arrest, type of protection case personnel of war, the first type of protection a general protection like all the personnel of war, and special protection appropriate with specialties with each.

حماية المدنيين في النزاعات المسلحة غير الدولية : دراسة نظرية بالقانون الدولي الانساني

Author name: ﺧﺎﻟﺪ ﺳﻠﻤﺎﻥ جواد
Supervisor name: عصام عبد الرزاق العطية
General topic: Law
Specific topic: Public International Law
Degree: Doctorate
Language: Arabic
University location: Baghdad
First pages:

دور الادعاء العام في حماية المال العام في العراق : دراسة مقارنة == The Role Of General Prosecution In The Protection Of Funds In Iraq ( A Comparative Study)

Author name: ایاد جعفر علي اكبر الاسدي
Supervisor name: هدى هاتف مظهر الزبيدي
General topic: Law
Degree: Master
Language: Arabic
University location: Basrah
First pages:
Abstract: The aim of thesis is to shed light on the role of the General Prosecution in protecting of public funds in Iraq and to evaluate this role, based on the objective which is stipulated in Article 1 of the General Prosecution Law No. 159 of 1979, which is effective and the purpose for which it was found, (Public interest) or public right. The General Prosecution is considered the agent and the legal deputy of the society in the defense of his legitimate interests and rights.According to the importance of public funds in the conduct of the State's activity and public facilities. And it has an effect to achieve economic, military and security stability and its reflection on the public interest, this has made the legislation seek to provide adequate legal protection for it. The protection of the General prosecution is one of the protection types, as a procedural protection is not limited to the criminal side of the power to initiate criminal action against the public right to crimes in general and corruption offenses in particular, but extends to the civil side of intervention and presence in civil proceedings to which the State is a part of it or claim civil rights arising from criminal case.These papers aimed to shed the light on this protection and its effectiveness in achieving its goal, as it became clear to us that this protection in Iraq is weak and without the level of ambition ,due to several reasons, some of them regard to the same system, and others regard to the legislation of the prosecution In addition to the fact that the law when it set the goal of preserving the state funds did not give it special or exceptional means to reach its goal and others traditional jurisdictions, and the research did not deal with its jurisdictions (Before and after the trial),which are general terms of reference for all crimes, but these papers focused on its role in Iraq and its jurisdiction in the field of criminal action in crimes of public funds.As the General Prosecutor's Office in Iraq is not alone in seeking to protect the public funds ,but there are other commissions that have been developed by the legislator, such as the( Federal Financial Supervisory Board), and new commissions that have been established after 2003 such as (the Integrity Commission, the offices of the Inspectors General and the Anti - Money Laundering Office) The relationship between the public prosecution and these agencies in the framework of protecting public funds and combating the corruption, as it has been shown that there is a close relationship between them and they are important news sources for the prosecution's office on corruption cases in addition to others. Also there are several procedural participants, including the Integrity Commission(as an investigative body works under the supervision of the investigating judge and prosecution.The studies revealed the integral role of these bodies as a legal system in which the General prosecution occupies the important role and polarization. The studies concluded that the necessity of connecting these devices technically to the General prosecutor's office in addition to some legislative amendments to the laws that were created In order to activate the role of the public prosecution in the protection of public funds. Also the thesis dealt with the guarantees that have been required by the General prosecution in order to strengthen its role in protecting public funds. The most important security guarantees were the guarantee of independence and the guarantee of specialization. The General prosecution in Iraq , theoretically andpractically, is not independent but it is subordinate to the Supreme Judicial Council and one of its formations , and this is contrary to the Iraqi Constitution, which made the General Prosecutor's Office one of the formations of the judiciary mentioned in article 89 of the 2005 Constitution, These as for the guarantee of specialization are important and needed by the public prosecution system to activate its role as the study concluded that the current structure of the public prosecution is timid and does not meet the requirements of the stage for the public prosecution system in protecting public funds, in contrast to some comparative legislations. Unlike some comparative legislation the Arab republic of Egypt, which formed several specialized bodies including the body of Egyptian public funds our study was compared to some of the legislation, which (French, Egyptian and Jordanian legislation) The comparison does not necessarily mean that such legislation is necessarily the best, but the purpose is to benefit from the experiences of these countries and determine the position of the Iraqi legislation. To choose what suits the country and its circumstances.It should be noted that the draft law of the new General prosecution for the year 2016 was not absent from the researcher where the study covered the points of positive and negative, negative aspects were more than positives, and at the end of the thesis we reached many of the results and proposals, which we mentioned above, The agency in Iraq that the legislator has made the prosecution of the public right is an optional and not obligatory, and not limited to be done by the prosecution, but made it by other agency , and its role is unclear and weak during the stage of investigation and collection of evidence and during the initial investigation stage. the thesis has identified the miscarriages and developedappropriate solutions that the researcher hopes to resonate with the higher authorities and decision makers in IraqWhere the study identified the imbalance and developed appropriate solutions that the researcher hopes to resonate with the higher authorities in Iraq and decision makers...... and last but not least, no matter how much effort, it remains a minor because the perfection of God Almighty, and This thesis is only a modest seed in the path of reform and the advancement of the status of the prosecution in Iraq and its positive effects on the path of reform in the country in general..Praise be to Allah, Lord of the Worlds

الحماية الدولية للبيئة اثناء النزاعات المسلحة == International Protection For Environment During Armed Conflicts

Author name: احمد حميد عجم البدري
Supervisor name: عدنان عباس موسى النقيب
General topic: Law
Specific topic: Public International Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:
Abstract: The subject of The International Protection Environment during Armed Conflicts is considered one of the modern subjects in one time.Before, human was the curve of International efforts concerning to provide him with many ways of protection ,now the interesting changed toward Environment to be an important subject in three branches of International Law branches. The first one is the Humanitarian International Law ,that puts the principles and rules which governs the conflicted sides. The International protection of the Environment during the armed conflict depends mainly on the rules and principles that issued by the law. The International Law of Environment is considered the second branch of International law ,which provides the International protection to the Environment during armed conflicts ,and if this law was made to be practiced in peace time, the International efforts reached to an idea that they can practice in Armed conflicts, because the goal is to protect Environment. The third branch of International law that provide protection to the Environment during Armed Conflicts is the Criminal International Law. This law provides a legal to establish the International Criminal responsibility for anyone who commits war crimes against environment by a text issued from International Criminal Court ,also the main general basis of the International Law which can protect the Environment. This study is showed the International protection resources of Environment during Armed conflicts, and it is the same resources that included article 38 of the main system of International court of Justice that represented by International agreements, traditional law , General principles of law and the court decisions.The paper discussed the efforts of United Nations and the International Committee of Red Cross ,and the United Nations plays a great and effective role to spread protection according to the texts of law and convention ,and by decisions that issued from the International conferences to protect Environment, and by decisions made by general committee ,and other efforts that done by the organization. The International Committee of Red Cross its role can be explained by the preservation role before the Armed conflict occurs ,and its observation role during the Armed conflict. The protection rules in its different kinds will not be active unless punishing the who violated these rules. This study discussed the International responsibility of Environment damages during the Armed conflicts by mentioning the conditions and obstacles to achieve this responsibility, and showing the types of this responsibility and their consequences for each type

اثار النزاعات المسلحة على معاهدات حقوق الانسان : دراسة في اعمال لجنة القانون الدولي

Author name: محمد عدنان علي زبر
Supervisor name: عباس عبود عباس الخزرجي
General topic: Law
Degree: Master
Language: Arabic
University location: Najaf
First pages:

المسؤولية الجنائية الفردية في القضاء الدولي الجنائي : دراسة نظرية مقارنة

Author name: علي حسين علوان العبيدي
Supervisor name: علي زعلان نعمة العبادي
General topic: Law
Specific topic: International Criminal Law
Degree: Master
Language: Arabic
University location: Babylon
First pages:
Abstract: The criminal Responsibility of the Individuals in the Criminal International Justice.This thesis deals with criminal responsibility of the individuals in the criminal international justice. I have chosen this subject because the peace of the world is an aim most of the state want it but even if this peace is out of reach still can be achieved if the international community as states and individuals abide by some of legal rules and basis. One of these rules is the concept of the criminal responsibility of the individuals which arises on the international field recently. This subject has vital importance in the criminal international justice because what resulted from it is the conviction of a person or clear his side from the guilt being alleged especially if he has an official responsibility like the heads of states or the military commanders besides the common individuals ofthose could be brought before the international criminal justice. The thesis is divided into two chapters Chapter one deals with the meaning of the responsibility of the individuals which is divided into two parts. Part one deals with criminal responsibility of the individuals and the legal base therefore. Part two deals with the international responsibility upon the state action. This part contain three demands. We discuss thereon the international responsibility of the state especially over those individual working for the account of the state because the state shall be responsible for theiractions. Rome statute does not allow any kind of immunity during any stage of the lawsuit.Chapter two deals with the conditions of absence of the individual criminal responsibility and it is divided into two parts. Part one deal with the reasons of permissibility and it has two demands. The first one is the higher orders and the second one is the legitimate self defense. Part two deals with the reclusions of the responsibility which are coercion, intoxication, the mental illness and the mistake or facts and the law.Finally, I would like to express my deep appreciation to my advisor Dr.Ali Zalan Nima who was a great help to me with his valuable suggestion and support I have reached the aim of this study.

الطبيعة القانونية لعلاقة مجلس الامن بالمحكمة الجنائية الدولية == The Legal Nature Of The Relationship Between The Security Council, And The International Criminal Court

Author name: ياسين طاهر حسن ياسر الياسري
Supervisor name: كامل عبد خلف العنكود
General topic: Law
Specific topic: Public International Law
Degree: Doctorate
Language: Arabic
University location: Baghdad
First pages:
Abstract: انشات المحكمة الجنائية الدولية بموجب نظام روما الاساسي لعام 1998، ودخلت حيز التنفيذ في الاول من تموزعام 2002، كهيئة قضائية دولية مستقلة دائمة، تمارس اختصاصها على الجرائم الدولية التي نصت عليها المادة (5) من نظام روما الاساسي، بهدف ترسيخ المسؤولية الجن | Security Council established as a political body under the UN Charter, which is a central authority executive responsible on maintenance of international peace and security, the Charter of the United Nations has delegated the Security Council ((by the name of the peoples of the United Nations)) to do on behalf of the (the main consequences in the maintenance of international peace and security). So, to implement such major consequences effectively and quickly, the Security Council gave totalitarian powers and discretionary powers, has also been provided with a wide procedural system of measures.Te Security Council grew on the ruins of the Charter of the League of Nations to overcome the weakness of the first international organization. The Security Council considers as the only organ of the United Nations which able to issue binding decisions based on the provisions of VII of the Charter.The Provisions of the Charter also show that the Security Council is the executive authority Holding sanctions and measures in the Charter in all its forms, as the international institutions and bodies provided in the regulations that the punitive measures taken by these institutions and international bodies towards the State party, must be through the Security Council.Despite the fact that the International Criminal Court is an international treaty and is not an organ of the United Nations, was established under the Rome Statute of 1998 in order to enhance the principle of individual criminal responsibility, and shall consider the four crimes contained system to achieve the dream of humanity, often giving a greater role for international criminal justice and activating principle reduction of immunity granted by the internal criminal laws for the leaders and officials who are accused of the most serious crimes..And that this development has made the image of contemporary international law is very different from what it was under conventional international law when it was the country's relations to its people of considered as a left issues to their saved specialization , where the contemporary international law was imposed directly obligations on individuals by considering some of the behaviors crimes raises responsibility, also the importance of the individual increased on an international scale and added to the rules of international law dealt directly with many affairs of the individual and provided the legal safeguards for the enjoyment of those rights.The International Criminal Court followed the example of international institutions and bodies to give the role of the Security Council in its work by give it the right to refer the case to the prosecutor where it seems that one or more of these crimes have been committed, acting under Chapter VII of the Charter of the United Nations under Item (b) Article (13) of the Rome Statute of 1998, It also gave the authority of the Security Council to defer an investigation or prosecution by the court under item (16) of the system mentioned above. So here we are in front of a political body to interfere in the work of the judicial affairs. Is this political interference will lead to the obstruction of justice International Criminal..?Therefore, this thesis titled with (the legal nature of the relationship between the Security Council with International Criminal Court are looking at this issue for the purpose of shedding more light on this relationship because they are the most important issues and most dangerous of the consequences of this relationship from the direct impact on the judicial work of the court after that this relationship provoked a difference and considerable debate among scholars of law and the judiciary and numerous positions and different views about the role played by the criminal Security Council before the criminal court, including his decree powers under the Rome Statute of 1998When some supported the Security Council to grant such powers, others intercepted them, and beware towards them because they think that it is restriction on the powers of the International Criminal Court and their specializations. Although the relationship between the Security Council and the International Criminal Court with a legal basis Rome is not the only one who codified this relationship,But that the Charter of the United Nations and the negotiated agreement of the relationship between the United Nations and the International Criminal Court are other additional sources clarified that relationship also the Security Council involved with the International Criminal Court in the role assigned to them, and on the conservation of international peace and security. And modernity of this subject to some extent, and the generality of what written about it, we found it is important for ourselves that to go in the depths of this subject, and we will search in most important fraction in this part, which si the legal nature of the relationship between the Security Council with the International Criminal Court, hoping that we succeed in that, we get to the required scientific findings of the research.

التنظيم الدولي للمناطق المحمية == The International Regulation Of Protected Areas

Author name: اسراء صباح جاسم
Supervisor name: يحيى ياسين سعود
General topic: Law
Specific topic: Public International Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:
Abstract: It becomes a very well known that the war has become one of the things that imposed itself on the ground. But we cannot claim the elimination of this scourge at once. Therefore, the international community is striving to mitigate its severity, and this relentless pursuit casts burden on the conflicting parties to take a number of methods and preventive measures for the protection of victims of armed conflicts.One way to provide protection to victims and persons who are being targeted during armed conflicts is to create places of protection. This is done by preventing the fire from reaching the war to those areas, and then to spare civilians from the tragedies of armed action.The importance of protected areas is become from being related with one of the most important sources of human presence and survival. They protect human dignity of assault by the protection offered to present, based on that is gaining increasing attention to these areas, particularly with the increasing armed conflict due to the growing vulnerability of civilians, the wounded and sick combatants and the effects of these conflicts. It is my sense of importance that they came into being while the world is watching what my country - Iraq - has been suffered the violation of the simplest human rights and rule of humanitarian International law by ISIS terrorist entity.According to what have been said, and hoping to add another brick in the edifice of humanitarian international law, we will try to answer the following questiono : Did protected areas contribute to alleviate the tragedies of war, and to what extent? And whether the rules of Humanitarian International Law were effective or ineffective in the regulation of protected areas and the protection of them during armed conflicts.To answer those questions, I talk in this study on the concept of protected areas by define the term and illustrate the principles which govern and prottect them. Then I show the justifications of the establishment of such zones, and reached that the goal of the creation of them is to protect the affected persons and protected objects. After that I clarified the role of international organizations on protected areas, particularly the United Nations Organization as responsible for the maintenance of international peace and security, the International Committee of the Red Cross as an official sponsor of the international humanitarian law, Finely I showed the International responsibility arising from the damage of protected areas, and came to a result that such damage to those areas forms an international crime requires accountability of perpetrators

المسؤولية عن الحماية في القانون الدولي == Responsibility To Protect In International Law

Author name: نبراس ابراهيم مسلم
Supervisor name: سلام منعم مشعل | حيدر ادهم الطائي
General topic: Law
Specific topic: Public International Law
Degree: Doctorate
Language: Arabic
University location: Baghdad
First pages:
Abstract: The slow response by the international community to the mass atrocities, and the unilateral intervention by the states to stop these atrocities without the Security Council authorization, reflect the need to new strategy for facing this problem.In the wake of Kosovo intervention, Kofi Annan challenged the international community to find another way to avoid any future catastrophe, in 2000 the international commission on intervention and state sovereign formed by the Canadian government to reconcile the principles of sovereignty and fundamental human rights in a way which could protect people from arbitrary killing, the commission set out the case for responsibility to protect and identified its three main competent ; the responsibility to prevent, to act, to rebuild.In 2005 the principle have been adopted at the World Summit hosted by United Nations, world leader unanimously declared that all state have a responsibility to protect their citizens from genocide, war crime, ethnic cleansing and crimes against humanity and that they stood prepared to take collective action in cases when national authorities are manifestly failing to protect their populations from these four crimes, in 2006 the UN security council unanimously reaffirmed the responsibility to protect and indicated its readiness to adopt appropriate measures where necessary (resolution 1674, 28 April 2006), after almost six months of hard bargaining.In order to elaborate the nature and operationalization of that new international principle we choose it in this study, the study divided into three chapters that try to cover the entire topic.The first chapter devoted to the concept of the responsibility to protect, this chapter consists of three parts, the first one is about the international intervention and state sovereignty, the second one is about the adoption of the responsibility to protect and its development,and in the last one we will discuss the legal foundation and the obligatory of it.the second chapter of this study will be about the implementing the responsibility to protect, also we divided it into four parts, in the first one we will point out the crimes that firm the application of the principle, the second part will be about the responsibility to prevent, the third one will be about the responsibility to react and the last one will be about the responsibility to rebuild.The last chapter will be devoted to the international practicing of the responsibility to protect, it divided into three parts, in the first on we will discuss the role of international institutions in adopting and evolving the principle, the second one we will try to point out the most important application of the principle and the last part will be about the future of the principle.At the end of the study we reached to a set of conclusions which led us to several recommendations which may help abet in understanding the scope and nature of the responsibility to protect and seek to give some ideas about its successful operation.

النظام القانوني لمؤسسات حقوق الانسان الوطنية : دراسة في القانون الدولي والحالة في العراق == The Legal System In The National Human Right Institutions A Study In The International Law And The Case In Iraq

Author name: محمد قحطان فرحان التميمي
Supervisor name: مها محمد ايوب
General topic: Law
Specific topic: Public International Law
Degree: Doctorate
Language: Arabic
University location: Baghdad
First pages:
Abstract: The unity of the international and local thinking about the principles of human rights in general and the individual rights in particular, and the recognition of their universality and indispensability is regarded as one of the human achievements which ended the 20th century. Before that, many atrocities that would now be classified as grave violations of human rights took place that pushed the international community to move so that they would not be repeated again and confronting them and terminating them in case they happened again, and to punish the violators and committers of these violations. Also, it aims at compensating their victims starting from slavery, torture, oppression, slave trade, and racial discrimination as well as the blind terrorism and genocide. The agreement and consent of the international community about the principles and values on which human rights are based as they express what man should enjoy of features which are attached to him or her. That does not mean that the way to settle and respecting the rights and freedoms and recognizing them and being committed to them by the state was an easy way to go, but it was windy and full of hardships, the first of these was double standards in dealing and the political considerations. Human rights and the basic freedoms are rights that are interlinked and comprehensive and universal. The latter feature obliges the parties to protect and promote it on all levels, national regional or international. That what was mentioned I the International Convention of Human (49) Rights in Vienna 1993 which resulted in the Declaration in the session of (49) of the United Nations in 1994. It stated “It should be recognized that all the human rights, civil, political, economic, and social are universal and undividable, and interrelated, with the necessity of considering the national, regional distinctive features for different historical, cultural and religious backgrounds. The duty of the state, regardless of their political, economic or cultural system, is to promote the rights of humans and their basic freedoms and to protect them.” Therefore, it could be said that the issue of human rights has become one of the international obligations which the state should comply to and fulfill. The grave violations are regarded as crimes against peace and security if humanity, and could lead the violator to the International Criminal Court. In addition to it comprises a means of political pressure by suing those high rank officials in a certain country. The mere ratification of the nations of human rights and incorporation them in their constitutions does not form a guarantee by itself and a warrantee for applying them. The respect of freedoms means the respect of man whom God has created and honored in the Holy Scripture in many Suars like in the sura of Israa (Ascension), the Verse (70) : (We have honored the children of Adam, and born them on land and sea and graced them with the delights and preferred them to many of whom we created) The protection which assumed by the state to respect human rights and its main freedoms national which mechanisms vary to achieve their goals. Its either constitutional, juridical or political. What is important here are national bodies the state creates which are concerned with the protection and promotion of human rights. This is because the formation will be regarded as supportive factor to achieve and guarantee the protection of human rights. One of these bodies is the so called The National Institution of Human Rights which take many forms following the procedures that the state observes in the formation. They might be in the form of organization, committees or commissions, or national centers all are concerned with the protection and promotion of human rights. Based on the above, the study concerns on stating the legal system of the human rights national institution and the vase in Iraq, it tackles the constitution of these institutions represented by the Principles of Paris 1993, and the basics and international standards as well as the manner by which these institutions are formed. Therefore, for the importance of the legal system of human rights institutions, we preferred to investigate it and make it a title of the dissertation with special reference to the case in Iraq as one of the states which formed a national center for human rights, the study acquired its importance in terms of the nature of the topic and the case it deals with. Therefore, the great importance of human rights, whether on the national or international level, was the main motive to find national institutions apart from the effect of the state and the governmental bodies. The problem of study revolves around the questions : Can the national institutions of human rights be promoted to the level that they can be protect and promote of human rights? In addition to the question what are national institutions of human right? What are its types and functions? And What are the relation between the state institutions and the national institutions concerned with human rights? What are the methods followed by the institutions to enhance and protect human rights? Have the Law of Higher Commission of Human Rights in Iraq responded to the Principles Paris in 1993 as universal constitution of these institutions? For the methodology of the study, we depend in writing this study on the historical approach to reveal the historical roots of finding such national institutions, in addition to the deductive and analytical methodology which based on the study of the laws related to the theme. For the structure of the study, we divided the theme into four chapters preceded by an introduction. Chapter One tackles the mechanisms of protection human rights on the international and regional and national levels, in the first inquiry, we tackled the mechanisms of protection human rights on the international and regional levels, in the second inquiry the mechanisms of protection human rights on the national level is tackled. Chapter Two tackled in the second chapter the national institutions of human rights and the principles of Paris; the first inquiry studies for the National Institution of Human Rights, and the legal base of this institution in addition to stating the characterizing features. The second inquiry tackled the stating of the relationship for the National Institution of Human Rights in the state authorities, the third inquiry was about the relationship of the National Institution of Human with the mechanisms of human rights. Chapter Three tackles stating of jurisdiction and tasks of the National Institution of Human Rights. The first inquiry is devoted to the stating of the jurisdiction of the National Institution of Human Rights. The second inquiry is devoted to the stating of the jurisdiction and tasks of protection of Human Rights, and the fourth is devoted to the stating of the jurisdiction of institution in the solving of disputes. Chapter four tackles the National Institution of Human Rights in Iraq represented by the High commission of human right. In first inquiry we tackled the manner and work of commission, the second inquiry was consecrated to the work of the commission and its external relations. Then, it was followed by a conclusion with includes the most important suggestions that are related to human rights. I should not miss the great problems in have faced when writing this study. The scarcity of the references was the major problem which I suffer from as the study is a pioneer not tackled before. In addition to the difficulty of movement to refer to the libraries in the colleges of law, whether in Baghdad or outside, due to the security issued. This pushed me to make calls to friends in Denmark, Sweden, France, England, Belgium, Egypt, Algeria, Morocco, and Lebanon, but only few arrived. That did not discourage me in continuing the way up to the end after asking aid from God.

نظرية المصلحة في الطعن الجنائي : دراسة مقارنة == The Theory Of Interest In The Criminal Challenge Comparison Study

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

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

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

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

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

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

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

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

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

القواعد العرفية في القانون الدولي == Customary Rules In International Law

Author name: عبد الرسول كريم ابو صيبع
Supervisor name: هادي نعيم المالكي | زينب احمد عوين
General topic: Law
Specific topic: Public International Law
Degree: Doctorate
Language: Arabic
University location: Baghdad
First pages:
Abstract: تتناول هذه الدراسة بالتحليل موضوع القواعد العرفية في القانون الدولي، وقد يبدو للوهلة الاولى للقارئ ان هكذا موضوع من الواضحات التي لا تحتاج الى عناء البحث ومشقة التحليل، اذ ان العرف الدولي يعد المصدر الثاني لقواعد القانون الدولي العام، من بعد الاتفاقيات | Customary international law is one of the most important subjects in public international law, because it is main source of rules of public international law according article 38, paragraph 1/b of statute of international court of justice, in addition to any jurisprudence resource in public international law contains custom in its main vocabularies. In fact, in spite of above, customary international rules is one of the most complex and disputatious subjects and thus, international law commission adopted identifying of customary international law in its studying program between 2010 - 2016. The special reporter Michael Wood wrote two reports about customary international law in 2013, 2014, and he will write the final report at 2016. My dissertation contains three chapters and conclusion. The first chapter topic is : ’’ the definition in customary international rule ’’, which contains four subtopics : meaning of customary international rule, distinction between it and some similar matters ( public principles of law, customary local rule and equity ) and its importance in many international law branches, obligatory basis of customary international rule, and obligation of customary international rule according to jus cogens rules. The second chapter topic is : ’’ formation of customary international rule ’’, in this chapter we treats in details essential elements of customary international rule and differentiations between international jurisprudence and judicature view on this important subject, whether what concerning in material element or psychology element ( opinio juris ), and treat international and local acts which create material element; legislatorial, executive and judicial organ acts, and in international scale contains; international treaties, international judicature decisions and international organizations resolutions. The third chapter topic is;’’ evidence of customary international rule and effect of unilateral legal acts on formation of customary international rule, which contain; protest, reservation and acquiescence. The conclusion contains many important results as follows;1. No certain criteria accepted from all, for evidence and formation of customary international rules.2. Opinio juris is result of the material element of customary international rule, and therefore it represents essence of customary international rule, or in other words, it becomes customary international rule itself. 3. Evidence of customary international rule links with formation of it, and this cause of instead topic of international law commission study from ’’ evidence and formation of customary international law ’’ to ’’ identifying of customary international law’’.4. Many legal acts cooperate in formation of material element, there are; legislatorial, executive and judicial organ acts; and in international scale; international treaties, international judicial decisions and international organizations resolutions.5. There is important effect of unilaterally legal acts on formation of customary international rule, such as; protest, reservation and acquiescence.6. Customary international rules is a second source according article 38 in statute of international court of justice, and then if there is an international principle must apply by international court, custom prevent application of public principles of law because the later contains local principles of law only.7. Equity according article 38 in statute of international court of justice is secondary source of public international rules in condition of clear acceptance of parties.8. The role of general multilateral treaties on formation of customary international rules is very effective because many provisions of it are customary international rules, for universal character of subjects which arranged by it, and a lot of states were parties in such treaties

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

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

التنظيم الدولي لمكافحة جريمة تجنيد الاطفال في النزاعات المسلحة == International Regulation To Combat The Crime Of Recruiting Children In Armed Conflict

Author name: فلاح مهدي عبد السادة
Supervisor name: سرمد عامر عباس
General topic: Law
Degree: Master
Language: Arabic
University location: Babylon
First pages:
Abstract: يشكل الاطفال جزءا كبيرا من المجتمع البشري, اذ يمثل الطفل ثروة الامم والامل الذي ينشده بني البشر لتحقيق اهداف المستقبل, لذا انطلقت الحماية الدولية لحقوق الطفل في صورة تشريعات واتفاقيات وطنية ودولية للمحافظة على تلك الفئة الضعيفة وبالرغم من ذلك الاهتمام

اثر النظام الدولي الجديد تطبيق في نظام قانون حقوق الانسان : دراسة قانونية == The Effect Of New International System Application In Human Rights Law Legal Study

Author name: حيدر ياسين طاهر حسن الياسري
Supervisor name: مها محمد ايوب
General topic: Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:
Abstract: يعد موضوع اثر النظام الدولي الجديد في تطبيق قانون حقوق الانسان، من الموضوعات المهمة التي تستحق البحث بعناية واهتمام بالغين، حيث ان النظام المذكور او ملامح هذا النظام - ان صح التعبير - انعكست بشكل واضح وجلي على تطبيق القاعدة القانونية الدولية بشكل عام، والقو | The subject of the impact of the new international order in the application of human rights law, one of the important issues that deserve search carefully and interesting, where the mentioned system or features of this system reflected in clear and obvious to apply the rule of international legal in general, and the rules relating to human rights in special, so we chose to go into ourselves, but in the midst of this topic, with its ambiguities. And we tried to determine the concept of the new international system, and its most important features or characteristics. So we didn’t found a definition objection to this system, every researcher or jurist look from his specialist corner, and the view may be economic, social or cultural or legal or political, as we have noted that the system of a temporary nature, and is led by a unipolar, with the rule of values and foreign concepts , and the decline of the role of the UN in the settlement of international disputes.The term New World Order found prominently at the end of 1991, after the disintegration of the former Soviet Union and the uniqueness of the United States as a single dominate the international relations, its dominance of the Security Council, control capabilities of the Organization of the United Nations, to harness the goals and principles of the United Nations and other rules of international law to their advantage, especially the stage of the balance of power and bipolarity are gone and replaced by unipolarityThere is also who denying the existence of a new international system in the legal sense of the word, and is considered a delusion is not the truth, has we agree with this point of view, where we are if we accept the existence of such a system, it entails the existence of new international legal rules, or a new international organization , or at least modified some of the provisions of the UN Charter, and such a thing did not happen at all. Then we show the impact of the new international system on some international legal concepts and the expansion of the concept, as human rights, humanitarian intervention, and the concept of sovereignty. That's where human rights and the interest in them is no longer a purely internal matter and interference in the domestic jurisdiction of states, but has become an international issue and concern to the entire international community, so that it became his duty to intervene in a moment that feels that a violation is long of human rights and fundamental freedoms. More than that, the UN Security Council links between human rights violations and threats to international peace and security as envisioned on Article 39 of the UN Charter. When humanitarian intervention has abounded practice especially by the major countries under the pretext of protecting human rights, noting that there are interventions illegally, mainly by the provisions of Article (2/7) of the UN Charter, which unapproved intervention in the internal affairs of States, under any pretext, except for the intervention of the UN Security Council as part of measures of repression by the provisions of Chapter Seven of the UN Charter, and the same thing has done for the rule that the expansion of the concept, and turned the rule absolute sovereignty to relative normal flexible sovereignty to respond to international changes.We dealt with the models of the human rights violations that have occurred in certain countries, and the intervention of the UN Security Council to issue decisions based on a lot of them to Chapter seven of the UN Charter, as is the case in connection with the Security Council resolution of NO. 688 (1991) against Iraq, and the UN Security Council resolution of violations of human rights in Kosovo, Bosnia and Herzegovina, Haiti and elsewhere.We reached to the result of research in this vital subject about in the international dangerous changes happened at the level of international relations, in the application of the rule of international legal, especially on human rights, and we concluded at the end of research to a conclusion included the most important results and necessary recommendations in order to achieve the research goals of scientific desired, and Allah of the intent behind.

حماية مقر البعثة الدبلوماسية في القانون الدولي == Protect The Diplomatic Mission's Headquarters In International Law

Author name: مسلم طاهر حسون الحسيني
Supervisor name: صلاح جبير صدام البصيصي
General topic: Law
Specific topic: Public International Law
Degree: Master
Language: Arabic
University location: Karbala
First pages:
Abstract: يحظى موضوع حماية مقر البعثة الدبلوماسية في القانون الدولي باهمية خاصة يتاسس على ضرورة ضمان الحماية الكافية لمقر البعثة الدبلوماسية لتمكين افراد البعثة من اداء وظائفهم على اكمل وجه بوصفهم ممثلين لدولهم كما اكدت على ذلك الاتفاقيات الدبلوماسية والقنصلية , وع | the protection of the diplomatic mission's headquarters in the international law enjoy with particular importance, as it is based on the need to ensure adequate protection for the headquarters of the diplomatic mission to enable mission members to perform their jobs to the fullest picture, as they are representatives of their respective countries. as it stressed on that the diplomatic and consular agreements, and on this basis, the protection of the mission headquarters and all accessories have an extreme importance as a link of communication between the various countries of the world. Consequently the highlights importance of studying the protection of the diplomatic mission headquarters to maintain the permanence and continuity of international relations as well as to maintain the foreign vital interests and protect them from abuse and attacks that are exposed, which imposes on the states to do the necessary to ensure the protection of diplomatic headquarters and to ensure the sanctity according to international conventions measures. The international community witnessing an expansion and development in the field of international relations, and the countries strive to consolidate and strengthen these relations through the upgrading of international cooperation in all areas. Diplomacy considered as the main pillar in the international exchange between all countries of the world, as well as the important role they play in the establishment and the consolidation and deepening of international relations, and through diplomacy many of the disputes and conflicts and problems are addressed and resolved as consensual of the Parties, And to promote an atmosphere of good mutual relations between the countries of the world, and on this basis , all countries sought to establish and set up diplomatic missions, to represent their countries at the other countries, and to reconcile between common vital interests and based on that the consequences of the establishment of diplomatic bodies set up physical entities to those diplomatic missions of buildings and diplomatic headquarters the international community has been concerned with a great interest in providing protection to the headquarters of the diplomatic mission and all accessories, And this protection stems from the importance of diplomatic relations between the countries of the world. It is necessary to say that the protection of the diplomatic mission headquarters constitutes one of the basic rules of international diplomatic organization from the beginning of international relations between countries , because of that the diplomatic mission represents a key element in the formation of the diplomatic mission, and thus represent the physical entity for it and for the state represented by , so that the norms was confirmed in diplomat to secure protection for the headquarters of the diplomatic mission and all its buildings by host country , so that the mission members to perform their jobs freely , tranquility and safety , at the same time the rules of diplomatic law placed obligations on the state and accredited staff missions using diplomatic headquarters for Legitimate diplomatic business and what is not incompatible with the duties and functions of the diplomatic mission. And WITNESS WHEREOF, we dealt this study to protect the diplomatic mission's headquarters in international law by dividing this Search to three chapters where we have dedicated the first chapter to demonstrate the concept of the protection of the diplomatic mission headquarters and scope and the rules governing them within the first section of this chapter , while we dealt in the second part with immunities and privileges prescribed to protect diplomatic mission headquarters and dealt with the exceptions that are provided for the immunity of the mission headquarters, we have dealt in the second chapter with the legal regulation to protect of mission headquarters, in the first section of this chapter we dealt with the legal nature of the protection mission headquarters as well as protect them in accordance with relevant international agreements. While the second section of it dedicated to the statement of the legal rules established to protect the mission's headquarters during the armed conflict, and finally, we search the liability arising from the violation of the sanctity of the diplomatic mission's headquarters , in the third quarter, where the first part of it addressed the responsibility of the host country and its strains and its basis and its effects arising from the violation of the sanctity of the mission headquarters, we dealt in the second part with the responsibility of individuals through the statement of the nature of the violations committed by individuals as well as the statement of sanctions resulting from the violation of the protection of the diplomatic mission's headquarters in accordance with national legislation and international conventions and the phenomenon of attacks and abuses on the diplomatic mission and the headquarters especially in light of the current international situation as one of the most important motives in writing this research.

الرقابة المتبادلة للحكومات المحلية في قانون المحافظات غير المنتظمة في اقليم رقم 21 لسنة 2008 المعدل : دراسة مقارنة == Control Of Mutual Local Governments In The Law Of The Provinces Irregular In The Province Of 21 Of 2008 Average Comparative Study

Author name: نزار محمد جاسم الموسوي
Supervisor name: غازي فيصل مهدي
General topic: Law
Specific topic: Administrative Law
Degree: Master
Language: Arabic
University location: Najaf
First pages:
Abstract: After 2003 Iraq has witnessed a shift in its administrative system. After it was decentralized theoretically and centralize practically. The Iraqi legislature has been adopted by a decentralized system politically and administratively. It made the first system as a base to regulate the relationship between the region and federal authority. And made the second one under which the relationship between the central government and the provinces which are not organized in a region.Governorates not organized law has reversed in the territory No. 21 of 2008 amended as possible parliamentary system, which was brought by the Iraqi Constitution properties, to suit the local government level in the governorates not organized in a region by organizing supervisory relationship to local governments, similar to a large cross - censorship boundary between parliament and the government in a parliamentary system.Governorate councils and advisory councils practice a significant control role on the on local executive bodies oversight function varies depending on the level of the Administrative ,Unite ,which these councils represent and it includes all of the executive committees activities except for the court and military contingent and colleges and institutions.The control is not limited on the activities of the general local facilities but includes the main personal of these committees as governors and senior positions. This controlsubstantiate through the authority of governorate on their discharge or exemption of their positions in accordance with the terms stated by the law.However, these councils cannot perform its control role effectively on the local executive bodies except through clear mechanisms for the exercise of this jurisdiction and we see through this research that the mechanisms set by the law is not sufficient to exercise this kind of control effectively.In return for the powers granted by law to local councils to the heads of administrative units in the recent granting of authority in the face of these local councils, but these control enjoyed by the local government some obstacles may sit making exercise supervisory work is not the level of ambition.

الحماية القانونية لخدمة البث الفضائي == Legal Protection Of Satellite Broadcasting Services A Comparative Study

Author name: بيداء خضير عبيس فضل
Supervisor name: ميري كاظم عبيد الخيكاني
General topic: Law
Specific topic: Civil Law
Degree: Master
Language: Arabic
University location: Qadisiyah
First pages:
Abstract: في ضوء التطور المستمر في مجال تكنولوجيا الاتصالات وخاصة في مجال الاقمار الصناعية, اصبحت خدمات البث الفضائي اقوى واهم وسيلة لارضاء حاجة الفرد اللامتناهية للمعرفة, بايصالها المبثوثات السمعية والمرئية الى الجمهور متجاوزة في ذلك مختلف العوائق الجغرافية والحد | In light of the continuing evolution in the field of communication technology, especially in the field of satellites, Satellite broadcasting services the least become stronger and the most important a means to satisfy the need of the individual endless for knowledge, receipt them on audio and video Broadcasts to the public exceeding in various geographical obstacles and international boundaries, Scientific and technological advances have contributed The emergence of so - called satellite That exceeded the capabilities of different means of communication, Greatly influenced the development of broadcasting services And converted from terrestrial broadcasting technology to Broadcast technology via satellite Expansion of technical coverage to include the vast distances of The Earth Which led to the possibility to capture Broadcast signals By receiving stations non directed to Originally transmission Which led to the abuse of Satellite broadcasting services and damaging the approaching offered Hence the urgent need emerged The need to provide Effective legal protection That keep pace with advanced technology Services satellite broadcast And accommodate it, Therefore this study was to address the previous problematic and find appropriate solutions, the fundamental problem around which this research lies in the possibility of protection of broadcasting satellite in accordance with Iraqi legislation services. In this context, several questions arise, including : (1) What should be protected in accordance with Iraqi law? It must specify the target of the protection of services satellite broadcasting, does mean the protection of these services in the protection of broadcasting itself or the content being broadcast. (2) What are the rights that should be granted to the providers of services satellite broadcasting? And if they actually enjoy certain rights does enough to protect them? (3) How should the protection of services satellite broadcasting in accordance with Iraqi law? Is it enough traditional legal means to protect these services? We discussed this subject in three seasons, we have dedicated the first chapter to show the concept of satellite broadcasting services, through a statement of what it is, we have discussed in this chapter types granted to the satellite broadcasting services of legal protection At the level of national and international legislation. The second chapter dedicate to determine the rights of the satellite broadcast services through a statement the concept and determine the legal nature, as we touched it to the owner of these rights through defined and distinguished from the others, and finally the third chapter, which we dealt with the boundaries of legal protection of services satellite broadcasting, And Clarified the scope of that protection and legal restrictions that are set out in addition to determining the means of protection. We have found through research that services satellite broadcasting economic advantage distinguish it from other namely, it's always a paying Whether this contrast directly Agra or indirectly as it may devoid of any form of forms of direct financial payment to be paid by the recipient of the service provider as opposed to made available, but it financed indirectly by advertising revenue or airtime charges. It follows the services satellite broadcasting group rights granted to the offered it, some of which are fixed rights have a firm stance in international copyright law and adopted by most of the domestic laws, include the rights of rebroadcasting and installation, copying and communication to the public, in addition to other rights have been developed to cope with an update on trading in broadcasting services market, which is the rights of access and distribution following the transmitter to be installed. And also introduced additional protection is arranged all the previous rights to previous signals for broadcast. We also found that the legal protection of satellite broadcasting services to be on three levels, the first level is the established legal protection Texts of various laws, while the second level of such protection is to technical protection Using Control How to access To broadcasts, while the third level of protection is represented by devoting legal protection for technical means of protection. We have found through our research to several proposals may be the most important, need to review the definition broadcasting service contained in the (m 1, P 4) of the Iraqi Media Network, Law No. 26 of 2015 on several things including : the exclusion of transmissions over computer networks of the concept of broadcasting and that was transmitted by wireless means, and not to describe broadcasting services for free Because it means that these services are provided free of charge, while the contrast or pay basis element of the broadcasting services. And deal with the problem the absence of legislative organization texts of the restrictions contained on the legal protection of the broadcasting services and emphasize the importance of the restriction on the right of the public to access major importance based on the right to get the information that prevents the exclusive broadcast of the events which are of major importance for the Iraqi society, in a way the events lead to deprive a large proportion of the possibility of follow - up of these events directly or deferred coverage.

التنظيم القانوني لاموال العتبات المقدسة : العتبة العباسية انموذجا == Legal Regulation Of The Funds Of The Holy Shrines The Al - Abbas's Holy Shrine (Exemplar)

Author name: انور محمد علي حميد القرعاوي
Supervisor name: احمد شاكر سلمان الجراح
General topic: Law
Specific topic: Administrative Law
Degree: Master
Language: Arabic
University location: Karbala
First pages:
Abstract: Depending on the high status , And the holiness of the jurists and the law. enjoyed by the holy shrines , As religious and cultural sites , And the containment of the pure bodies of Ahl Albait (peace be upon them) , It has been associated with the hearts of millions of Muslims , From all over the world , And they are already on the sanctuary of these holy places , And compete to provide them with financial tender , Cessation or vow or bequest or gift... , For this reason, the funds of the holy shrines have become the subject of the research and attention.The succession of previous governments, and their differences in the holy sites, according to their political orientation, have had a significant impact on the organization of the management of their funds, the extent to which the holy sites have reached the current stage, the development of expansion and construction, and the provision of services to visitors and citizens in their basic life. The legislation in force regulates the management of the sanctuaries , determines its financial resources and assigns its administrative functions toa department that operates in accordance with Shari'a and legal rules and under the supervision , and supervision of the supreme religious authority. The increase in the activities of the holy shrines, in various fields, makes them need legal regulation toregulate the movement of these funds, and enables workers to manage these sanctuaries to organize their affairs and carry out the functions and tasks assigned to them.In order to shed light on the issue of legal regulation of the funds of the holy shrines (the sanctuary of Imam Abbas as an example ), the concept of the funds of the sanctuary , the provisions of the management of funds, the control exercised on the management of these funds, the legal protection of these funds, The sanctuary of Imam Abbas is a model whose financial organization is the broader and more comprehensive organization than the other thresholds. To outline the subject in detail, we will divide the thesis into two chapters.In the first chapter, we will discuss the concept of the funds of the Holy Sanctuaries and their provisions. We will explain the definition of the Holy Sepulcher funds, the legal development of the management of these funds, the legal nature of these funds, and access to the provisions related to the management of these funds according to their categories. Of spending, access to the budgets included in sanctuary , and the extent to which they relate to the federal public budget of the state.The second chapter will be devoted to the subject of the supervision of the holy sites funds and their legal protection, through which we will show the extent to which the funds of the holy sites are subject to self - control.These are the internal control system, the internal control exercised by the members of the executive authority against the funds of the holy sites, and control of independent councils. We will also demonstrate the protection of administrative legislation, criminal protection and civil protection of funds of holy sites. We conclude this thesis with a number of conclusions and recommendations which we have reached through our discussion of the subject matter of the thesis.

الهجمات على شبكات الحاسوب في القانون الدولي الانساني == The Computer Network Attacks Under International Humantarian Rights

Author name: سراب ثامر احمد
Supervisor name: حيدر ادهم عبد الهادي الطائي
General topic: Law
Degree: Doctorate
Language: Arabic
University location: Baghdad
First pages:
Abstract: This thesis deals with " computer network attacks under international humantarian law " These attacks are ( actions taken through the use of computer networks to disrupt ,deny , degrade or destroy information resident in computers and computer networks or the computers and networks themselves. The defining feature of this form of attacks is the fact that both the weapon and the target of the attack is the network itself and the information contained on such network. This type of attacks which are part of the information warfare , uses computer code to effect its damage and is capable of causing a myriad of effects depending on the target system's function.According to US military definition , information is " facts , data or instuctions in any medium or form " thus the operating code of a computer , its automated processes and applications , as well as the files and data it contains are all information.In fact , it is the use of computers as means or methods of warfare , that is legally challenging. At the broadest level the information operations ( IO ) are those " actions taken to affect adversary information and information systems while defending one's own information and information systems"IO can occur during peace time and at every level of warfare.By contrast , information warfare ( IW ) is " information operations conducted during time of crises or conflict to achieve specific objectives over aspecific adversary or adversaries ". According to US.strategy , the goal of IW is to achieve domainant " information superiority " over the opponent , and it is the offensive IW especially computer network attack , that covers abroad rang of hostile techniques involving computer code. Such malicious software can cause extensive disruption , as in the case of the denial of service attacks which hit Estonia , or physical destruction , as with the Stuxnet worm which hit the enrichment facility in Iran.These types of attacks are capable of shutting down websites , servers and can cause physical effects through targeting the control systems of technologically advanced societies , these systems control power plants , water systems , dams , gas pipelines , chemical plants and reactors. These control systems have proven particulary vulnerable to attack.Computer network attacks may come in isolation , but will more probably be used in conjunction with conventional attack , either to ease the way for the conventional attack or to amplify it's effects. These attack may constitute a use of force under article ( 2 /4 ) of the U.N.charter , and if these attacks does not rise to that level , they are still not permissible as an unlawful interference in the affairs of a state , and may amount to a threat to the peace.In addition , to the previous issue , computer network attacks may raise different questiones concerning the applicability of the laws of armed conflict which apply to all situations of armed conflict whther or not war is declared , and regardless of whether the parties involved recognise the state of armed conflict.None of the instruments relating to the laws of armed conflict deal with computer network attacks explicitly , therfore the question must be asked whether the rules of this law should apply to these attacks at all , and if so under what circumstances would computer network attack be sufficient to tigger the application of those laws ? what prohibition to computer network attacks follow from rules giving special protection to certain objects ? what activities of civilians relating to CNA constitute direct participation in hostilities and cause them to lose their protection against direct attack ? Do specific prohibitions of methods of warfare , such as the prohibition of perfidy or of improper use of protected emblems , signs and signals apply to CNA and , if so , in which way ? what limitations are there on targeting lawful targets with CNA ? who may conduct CNA ? what precautions must be taken by those planning or excuting a CNA ? Are commanderes or other superiors responsible for the acts of their subordinates in conducting CNA ?All these questions have been discussed throughout this thesis , and the conclusion is that despite the newness of the technology of computer network attack , legal contraints apply to it. Although there is no provision of IHL that explicitly out laws CNA , it is clear however that CNA may only be undertaken to the degree and in away which respects existing law and it's related principles such as the principles of distinction , proportionality and precautions in attack.

مبدا عدم الاعادة القسرية للاجئين في القانون الدولي == The Principle Of Non - Refoulement For Refugees In International Law

Author name: رنا سلام امانة
Supervisor name: مها محمد ايوب | سلام منعم مشعل
General topic: Law
Specific topic: Public International Law
Degree: Doctorate
Language: Arabic
University location: Baghdad
First pages:
Abstract: A phenomenon of asylum has become a humanitarian phenomenon as a result of succession political, economic and social crises and transformations experienced by the countries of the world.This phenomenon is still on the rise because of the continuation of the causes of persecution , violence , wars and disasters, and breach of a broad human rights, it is worthy to say here , of offering and providing international protection for people who seek asylum and protection from their countries of origin, as providing this protection is an international obligation that fall on the shoulders of prescribed States under international conventions and treaties, and it is considered , as well , the most important aspects of this protection , as the obligation of States to protect the person who requests or who gained refugee status from the forcible return of the country to which he fled, and it is what is known as non - refoulement.Accordingly , countries are obliged not to return an asylum seeker or refugee who fled from their own countries if the person in such obliged cases would be endangered, or threatened for reasons of race or religion, nationality, membership of a particular social group or to adopt certain political viewsIn the very beginning , the Geneva Convention contained and stated on this commitment for refugees of 1951 in the article of ((33F or F2)) which committed signatory by states and became the longer one of the basic principles of asylum law, but the legal development of this principle forced the projectors of most of the international and regional conventions such as the Convention of the European and the American Convention to include this principle to its importance and for the reasons of its direct contact to the life and the freedom of a refugee, as has become the cornerstone of the international protection.And for the reasons of acquisition this importance , these countries have become committed not only the States which were signed to the 1951 Convention, but all the States , then this principle has become a principle as part of the customary international law as a command rule. The obligation of States to non - refoulement includes asylum seekers and refugees on its territory, or who are under the effective control, and also who are presented at the border, so the State has no right to close its borders and refused to receive the refugees at the border.The respond to the State's obligation has not mention to any of non - refoulement, but specific exceptions that referred to , in the second paragraph of Article (33) where the States approved not to apply the principle of non - refoulement if the presence of the person to be brought back as a threat to public order and security, or representing a threat to the host country or to any of people in that society or if it has been sentenced to a criminal misdemeanor. In these cases, the State may be in breach of its obligation not to return and without expanding in the interpretation and application of those mentioned exceptions.Thus , countries that refuse or return a refugee or forced refugees at the border to the country to which they fled from or to any other country where their lives or freedom at risk had breached the principle of non - refoulement and breached the obligation that imposed by the international conventions and customary international law on the other hand.

المشروعات الدولية العامة كوسيلة لاستغلال الحقول النفطية المشتركة == General International Projects As An Instrument To Exploit Joint Oil Fields

Author name: ايمان عبد الكاظم عواد
Supervisor name: حيدر ادهم عبد الهادي الطائي | عمار طارق
General topic: Law
Specific topic: Public International Law
Degree: Doctorate
Language: Arabic
University location: Baghdad
First pages:
Abstract: Energy sector has an effective role because it is one of the most important sectors by which the prosperity of any country can be achieved. In Iraq Energy sector plays a great role because Iraq is consider third exporter of oil in the world , and there are many plans and studies that have been adopted by the Government aim that ensuring the optimum exploitation for its petroleum resources and at developing the common fields as one of the plans that can increase the production of oil and gas.A large number of writers and researchers made an intensive studies regarding oil industry in many aspects such as technical, economic and political studies but there are not sufficient legal researches and studies because they concentrated only on the insurance of the oil industry , concession contracts and regulating the relationships between the productive countries and international oil companies, without taking into account many other essential issues such as legal disputes which may arise between neighbor countries as a result of technical development in oil industry and the expand of the exploitation of the common fields. Due to the absence of the perfect legal system which governs the exploitation of the common hydrocarbon reservoir it became very necessary to adopt a new legal system in order to regulate the legal relationships between neighbor countries and to prevent any dispute which may arise.we mean that the physical notion the side was related by the technical and scientific affairs for the reservoir hydrocarbon , whereas the oil industry including many notions , that using it to select its technical , and economic dimensions , that was used to select the perfect vision to dealing with the reservoir hydrocarbon and with another natural resources , the specialists of oil industry to select the notion of reservoir hydrocarbon as (( evaluation of size of possible using as commercial by the known technical methods between the reservoir oil resources the studies conformed its being inside ground from select date , according to the selected legal lists technical terms )) this was showed that the dealing with the common reservoir , by it was perfected by the available technical data on the specialists , including the cases of a reservoir hydrocarbon , and the extension of this being , its type , the pressure inside the reservoir , and its temperature ,and distribution of this data ,and its change according to the place of reservoir , and its conditions , and age. But we mean that the legal notion as the legal system that the state has right to discover ,and use it hydrocarbon wealth that hidden under the face of its region , but there is a question about the legal system that regulates the rights and duties of state in the common reservoir hydrocarbon with the neighbor countries , thus the known the international law resources was cleared by the item (38) from the essential system for the international justice court , as a part of convention of united nations such as following : 1 - International conventions, whether general or particular, establishing rules expressly recognized by the contesting states. 2 - International custom, as evidence of a general practice accepted as law.3 - General principles of law recognized by civilized nations.4 - Judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law. According above we think that the absence of perfect legal system as a mechanism for managing the using of common reservoir hydrocarbon between the neighboring countries there is necessary to practice the confirmed legal principles in order using the common field without any legal instruction to make its exhaustion and its dispersal , and this case lead to damage for the benefit of Iraq.this is our aim of this study , and finding form of common international cooperation to using this fields to achieve the benefits of two parties from political , economic ,and social sides This form is the common international project.

فلسفة العقوبة في القضاء الجنائي الدولي == Philosophy Of Punishment In The Criminal International Judgment

Author name: احمد عبد الرزاق هضم نصيف المعيني
Supervisor name: براء منذر كمال عبد اللطيف الطائي
General topic: Law
Specific topic: International Criminal Law
Degree: Doctorate
Language: Arabic
University location: Salahaddin
First pages:
Abstract: نسعى في اطروحتنا الموسومة بـ ( فلسفة العقوبة في القضاء الجنائي الدولي ) الى تسليط الضوء على العقوبة الجنائية الدولية في اطار النظم الاساسية للمحاكم الجنائية الدولية التي نشات في ظل ظروف معينة عادة ما ترافق النزاعات المسلحة او تعقبها، والغاية من انشاء مثل | The peace, security and the stability of aims which have long prepossessed humankind ,after tasted the bitterness of horrors of war. and sight a lot of horrors thing and missed million of humankind. That they stood powerless in many cases for accountable the perpetrators of crimes that a companied those wars. Especially after that proved the inability of national judicial systems a counting for the perpetrators of such crimes whether because they are have a power in their respective countries ,or those that completely collapsed state it which hit its agencies including the judiciary completely paralyzed. And in order not to get away from a lot of punishment established by international criminal courts orders the trial to take such actions ,there courts have a national criminal laws. So to ensure that no one escape punishment, appeared the criminal international justice. But maturity it reached international criminal justice did not come from vacuum, its passed through several stages of evolution. And this evolution was a predicted and related with the evolution of intellectual humanity. The efforts of the jurisprudential and philosophical level of individual and collective backs a prominent role in these efforts and make it in executed. And the criminal international punishment its area of competence and discussed shared by all of the public international law and criminal law. The impact of this matter and directly involving them and make them in its aspects a characteristics of both privacy laws. The sanctions that the international courts apply it was the same that sanctions was apply by national courts, and aimed to fulfill the same purposes and functions that the national courts gone to fulfill it. So we will discuss this punishment dependent on the analytical method of the texts in the international criminal courts. And we are going to adopt the historical method in some historical aspects. So we will divide this study to a introduction and three chapters ,in the introduction we will study the most important preliminary stages undergone by the international criminal judiciary. So we will discuss in the first chapter the explore the concept of the international criminal punishment, we deal in this chapter the mean of punishment and the sources of it. While in the second chapter we will discuss the types of international criminal punishments. And the last chapter we will search to it the functions of the international criminal punishments ,that represented in three functions the first is public deterrence and the second is privet deterrence and the last is the justice of punishments. And at the end of study we reached to a results and a suggestions

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

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

التنظيم القانوني لعقد التشغيل المشترك == Legal Regulation Of Joint Operation Contract

Author name: عيسى عبد الجبار اسماعيل
Supervisor name: غازي فيصل مهدي
General topic: Law
Specific topic: Administrative Law
Degree: Master
Language: Arabic
University location: Najaf
First pages:
Abstract: We study and consider holding joint operation in General and total starting with the definition and finally end the joint operation contract and statement of jurisdiction and how Iraqi courts jurisdiction to hear disputes arising from this contract relying on analytical approach adopted in induction and deduction and comparison between the views of scholars and texts of laws and judicial rulings and reached to hold interoperability human administrative contracts in nature , Whereby the Department undertakes and called (the concession - granting authority) to a special law called the obligor a management and use of public facilities at his own expense and fee payable to beneficiaries which are profitable and have a fixed - term contract (usually short) advanced stage is similar to the concession contracts with many international administrative and administrative contracts but differs with her on some properties. And holding joint operation is a new kind of contract types, is a groundbreaking product of contemporary life contributes to the development of public facilities, themed mostly infrastructure projects such as ports, airports and railways and road and air transport and sea and can apply this type of contracting in many sectors including the oil industry and others, and that the Administration not only functions in accordance with this contract to ensure the execution of the contract But interfering in guiding implementation and by choosing the most appropriate ways to ensure the smooth running of the General Annex, while adhering to the principle of legality when issuing administrative decisions, in order to derive rights from the contractor as a public authority and which shall ensure the smooth running of the General Annex and native rights these rights are constant for the Administration, even if not included in the contract : 1. for management power to amend certain terms of the contract relating to the General Annex, at its sole discretion, 2. the management authority of the sanction in the case of breach of contractual obligations unilaterally without having to crack.3. the management authority to terminate the contract unilaterally before it has finished The rights enjoyed by the administration corresponding obligations upon themselves and are committed, which is committed to implementing its obligations stipulated in the contract and management rights are, the joint operating contract ends in one of two ways, either a natural end to expiry, and either premature end before expiry, with access to consensual solutions to common operating contracts and dispute them amicably and arbitration according to Iraqi law, the Iraqi civil courts have jurisdiction to consider the joint operating contract disputes and have full jurisdiction in consideration. The study showed the need of developing countries for such type of contract, to provide financing for projects without having to download the State budget additional financial burdens or resort to foreign loans, as well as providing advanced technology and management expertise and technical, the survey regarding the legal nature of the joint operation contract, these contracts are of administrative contracts in nature and subject to common law rules , And cannot be a private law contract, the Administration will prevail over the will of contracted, they sponsor and guarantor of functioning of a public utility, the study showed that this type of hiring needs to advance preparations for hiring or contracting project and the negotiation phase, feasibility phase and from both sides of the contract if the negotiation phase, feasibility phase the Administration set conditions that include determining the duration of the contract And select the required technology and technical specifications as well as the financial aspects of the project, and the personal implementation contractor to contract because of these contracts on the personal account idea in choosing a contractor and as a general rule no contractor may waive the contract because another contractor, contractor run and manage a project to provide services to beneficiaries, as committed to maintenance of equipment, machinery and equipment and replace any faulty ones and the training of national cadres on their use and maintenance , And as committed to equip the project with modern technology, and at the end of the period re annex to management and in good condition and is one of the most important fundamental obligations in the common operating contracts in addition to a Palace. Joint operating contract is a legal system and a sophisticated and flexible contractual terms of procedures of negotiations and a feasibility study and on both sides to avoid potential loss and damage with a note to the contract is no cooperative relationship uplifts to form or generate new moral character (company) and that's what strengthens what about avoiding losses and this contract is one of the most important means of trade and international deal to developing countries and in special circumstances such as Iraq and you want to get the aid in Modern technology of developed countries and access to advanced technology and machinery and equipment in addition to the methods and systems and modern technologies of management and operation and the training of its cadres, and the idea of a joint operation is a partnership between the public and private sector which needs a high degree of trust and cooperation and transparency, integrity and professionalism and expertise among the limbs. The basis for this search is carried out by the Ministry of transport of the joint operating contracts for the years 2009 and 2010 and its proven success where the Ministry convert most self - funded companies from losing companies into profitable companies with sophisticated mechanisms of action resulting from the experience and professionalism of its top management (Minister) and transparent dealings and integrity that enjoyed by these mechanisms and effective solutions for example is holding a joint operation and who returned to the Ministry of financial profits and the entry of foreign investments As well as modern and sophisticated means and management and operation of public facilities and the development and training of its workforce and increase size notes revenue Ministry and companies during the years 2008 and 2009 and 2010 compared to previous years. Joint operating contract features (create, manage and operate or manage, operate or operate shared) that belongs to an area or a particular sector but its flexible recruiting in all sectors and activities and could change depending on the public and industry can benefit from a contract manufacturing or joint manufacturing management contract or contract creation and management and joint manufacturing and the oil and electricity. Etc. with retention of its President, in accordance with the regulations of the relevant sectorial precooked and benefit from the experience of the Ministry of transport in 2009 and 2010 exclusively something needs to hold seminars and conferences for the purpose of idea and promoting it, that second side to hold interoperability is investment and introducing foreign capital and get advanced technology and modern techniques and training Iraqi cadres and learn modern management and operating methods

الطعن تمييزا في ضوء قاعدة لا يضار الطاعن بطعنه == Challenging Discrimination Against The Light Of A Base Does Not Harm The Appellant With His Stab

Author name: سجاد حبيب داخل
Supervisor name: ضياء عبد الله عبود الجابر الاسدي
General topic: Law
Degree: Higher Diploma
Language: Arabic
University location: Baghdad
First pages:
Abstract: That the possibility of wrongdoing by the judge in the judicial work of Muslim did not receive an objection or skepticism acknowledging that the error is a human infidelity not infallibility other than God of them, and because the work of the judge is based not only on the knowledge of the law, but is deeper and more comprehensive. If the correct application of the law The judge is an important and essential pillar in the search for truth. It is the ultimate goal in order to achieve justice. Since the ability of judges to understand and apply the law varies Depending on the difference in their legal culture and their scientific experience , So the difference in a particular legal issue is inevitable, so the legislator in the criminal procedural laws to prevent errors and treatment of judges, especially since the ruling is the title of truth and if it is wrong to choose the legal text applicable to the incident presented, for example, Its failure to keep up with the legislative movement, to understand or interpret the meaning of the text on a particular basis has rendered that provision defective and detrimental to the interests of society.Therefore, the methods of appeal seek to amend the content of the penal provision in order to obtain fair and legal judgments, measures and decisions. It guarantees the legitimate opponents of the case their legal rights, and preserves the legal validity and remedy the judge's error or the court's life. Since the mistakes are unintended, The Penal Code of Criminal Procedure No. 23 of 1971 in Articles 243 - 279 contained in the fourth book of the above law under the title of "Methods of Criminal Appeal" as a means of amending the provision or canceling it for violating the law in order to obtain a better judgment. Taste (Discriminatory and corrective of the discriminatory decision and retrial) and the fact that the cause of the appeal on judicial decisions, measures and decisions is to protect the victim from the mistake of the judge or the court. therefore, monitoring of the legislature of the Iraqi penal means to address this, including through the appeal against discrimination provisions and judicial measures and decisions, one of the ways to appeal the extraordinary received provisions related to Part II of the fourth book of the Code of criminal Procedure in articles (249 - 265) and the types of discrimination the Thestudy found that there is a legislative lack of some provisions of the laws that deal with the right to appeal discriminatory provisions and penal decisions, including Law No. (27) of 2016 on amnesty cases, especially what is related to the case. The abovementioned amnesty law No. (19) for the year 2008, and the provisions of the said law regarding the duration of the discriminatory appeal of the decisions issued and the consequent effect of creating a state of confusion for those affected by those Making decisions on the one hand and wasting a guarantee The study also recorded a note regarding the decision of the Revolutionary Command Council (dissolved) No. (104) for the year 1988 to distinguish cases of juvenile offenses. The study also found that the challenge of discrimination raised from them with regard to the appellant and related to other parties The case is that the rule (no harm to the appellant) stipulated in article 251 (c) of the Code of Criminal Procedure in force does not have a presence in many judicial decisions issued by the Federal Court of Cassation and the courts which have delegated its powers. Achieving justice Spyware to record the study of a number of observations on the subject of appeal Altmiiza judgments and decisions, which I found study worthy of research. And since the end of the challenge discrimination fully consistent with the positive and effective role of the Public Prosecution Baotaiarh an essential organ to monitor the legality and the proper application of the law. The study found the subject of the research (appeal discrimination in the criminal case in the light of the legal rule does not harm the appellant stabbed) of the importance of the existence of the legal principle referred to and the exception or restriction. The subject of the research is to clarify the general framework (appeal discrimination in the criminal case In light of the legal rule does not harm the appellant Btnh) and to highlight the legal roles performed in the field of Iraqi criminal law, so the scope of research will be in the provisions of this law, both substantive and procedural, compared with some other criminal laws objectively and procedurally. The study adopted the descriptive method of legal texts, legal cases and analytical texts and legal articles. A comparative study between the Iraqi law and other laws, with an emphasis on the position of the Iraqi and Arab courts.In dealing with the subject, I reached a number of conclusions and came up with a number of proposals which can be summarized as follows : 1. Judgments andjudicial decisions are the workings of the humanitarian administration and may be subject to the possibility of error, omission or ignorance sometimes. involving a judicial error in the understanding of the text, interpretation or application or estimate is illogical for evidence or punishment or error in the core procedures, so he headed the Iraqi legislature and under the Code of criminal procedure Law No. (23) of 1971, like the rest of the other penal legislation to Text on means to monitor the health of the deaf M, decisions and measures, including through discrimination, which aims to challenge him to rectify the errors of judges, but he was one of the important means to achieve justice as control over the judicial work tool. (249 / A - B) of the Code of Partial Trials referred to the reasons for the challenge of discrimination which are (violation of the law, error in its application or interpretation, error in fundamental procedures, error in estimating evidence or punishment or judgment) the study noted that the Iraqi legislature differs from other legislation with regard to the reasons for the appeal, as well as for the error in the proceedings and whether essential or not when referring to a flexible officer about it is how wrong the effect of the judgment or the accused's defense.The exceptional character of the challenge of discrimination made it described as an unusual way of challenging the criminal judgment of the argument of the jurisprudent, which was based on the officer of reasons for distinguishing between him and the methods of appeal, because these reasons are related to the role of the Court of Cassation in raising the legal truth. The freedom of the appellant is a legal restriction which makes him not free to establish his appeal according to the reasons he believes, but he complies with the reasons enumerated by the legislator under article 249 (a) (b) of the Code of Criminal Procedure. In this way, the court of Tami It is a body that monitors the legitimacy of judgments, so it is not considered a second degree of litigation. Its function is limited to scrutinizing the contested judgment, either by ruling on rejecting the appeal or by ruling on accepting it and revoking the ruling.The legal basis for this censorship, under which the Iraqi Court of Cassation exercises its function of controlling the criminal judge's power to assess evidence, is the explicit provision of Article 249 of the Criminal Procedure Code, which gave the Court of Cassation the power to censor fundamental errors in fundamentalistprocedures Or in the estimation of the evidence and this error was influential in the judgment. In addition, the Iraqi legislator emphasized that criminal judgments must be brought about, and that his understanding of the reasons is the evidence on which the judgment is based. Thus, the defects of evidence - related causes, if the criminal judgment was impaired, were the subject of the control of the Court of Cassation.As for the proposals found in the study are : 1. Lift the restriction contained in Article 249 (c) of the Criminal Procedure Law in force, as it allows the public prosecutor to challenge all decisions issued by the examining magistrate, whether or not a comma in the case. In light of the role played by the Public Prosecution in ensuring the proper application of the law and in conformity with its functions set out in the Public Prosecution Law No. (49) of 2017 as a social body, In the case in order to challenge the discrimination in order to deal with the action that he considers defective and effective The investigation also prevents the public prosecutor from resorting to the discriminatory request to continue the fact that the road mentioned in article 264 of the Code of Criminal Procedure is an exception and has set limits and can not be expanded in it.2. of the Law of the Court of Cassation, in accordance with the provisions of Article (71) In spite of the fact that the most important cases of juvenile delinquency have become the jurisdiction of the appellate courts as discriminatory, it is necessary to amend article (257) of the Code of Criminal Procedure and to make the courts of appeal in their discriminatory capacity the specialized ones. Unity of legislation and non - dispersion of legal texts

المسؤولية المدنية للمؤسسات الاعلامية : دراسة مقارنة == Civilian Responsibility For The Media Institutions Comparison Study

Author name: شيماء سعد مجيد
Supervisor name: عباس علي محمد الحسيني
General topic: Law
Specific topic: Civil Law
Degree: Master
Language: Arabic
University location: Karbala
First pages:
Abstract: when Media Establishments are practicing their various activities , they may attach damage to others, which leads to civil responsibility whether it was negligent or contracting responsibility by compelling them to compensate the affected.The study aims at providing more protection to the affected due to media establishments work whatever their entity was through viewing the practical reality path of these establishments on the general and special principles and rules in Jurisprudence, legalization and laws which requires conducting personal interviews with specialists in media work and some editions issued by media establishments.The important of legal study and the reasons for choosing the topics were manifested in the rapid development of media activity with the different ways , and its intervention in the functions they have the great importance in the community , its represented with Indicate public opinion , to dissemination of culture among the public , deliver the news to them , Through the media institutions that manage these activities and supervised on , this activity and his institutions have a lot of rights and freedoms that should be employed to achieve the functions and tasks referred to , however, these institutions may deviate from the borders drawn to those rights or arbitrarily in use , which should make a real balance between the right of media institutions in the using of their activities and the people's right to preserve their rights , such as not compromising them dignity or expose their privacy otherwise the inflicted damage that they have will requires Legal liability for the media organizationsaccountable for. and we will show the most important points that can be show the importance of research on the subject and the reasons for this choice : 1 - Study civil liability of media organizations have not been cared by scholars of civil law , It all focused their concerns on the study of civil liability for journalists employees and non - employees in these institutions , as well as limited studies of some of the media , that is why we found it appropriate and necessary that this care have to extends to the responsibility of the various media institutions and media engaged in a variety of activities, to find out the concept and provisions , to completing the idea to the reader without having to be incomplete or fragmented.2 - Although this subject as shown in practical problems caused by media organizations to engage in activities , however, it is clear that the advent of the provisions of civil laws general formulas are free from private texts facing civil liability in question - this is not a defect in it - In terms of these laws that legislators want them to be general laws apply to everyone and accommodate new ones in the future , , which requires a stand at these texts and find out their suitability for the organization of civil liability for media institutions and absorbed all its provisions , or they need some development where, sometimes amendment, interpretation at other times. That is what this study seeks. The issuance of special legislation dealing with provisions important aspects of activity of media organizations and press or radio or television requires a stand at the texts, analysis and what can be provided upon the support or modify them or claim the legislation of other texts to accommodate some of the molecules that are in dire need of intervention of the legislature in organized.3 - Starting from the importance of what we have said, the judiciary has sought his part to take advantage of some of the current legal provisions and undertakethe task of broad interpretation to each other as who is appointed to keep up with that seen in the facts before him daily of the evolution and acceleration in the use of techniques that damage to others, until he realized that it is appropriate that there should be a private publishing and broadcasting courts be closer to this reality , and he had what he wanted, where has introduced some of these courts, particularly in Iraq which requires stand at how to handle the judiciary of such facts in the general trial orspecialized.4 - In addition to the above, the strong desire for us - and we are working on the side of these media institutions - to take advantage of our media to diagnose what can be diagnosed , , And stand at the stations that require to stand on them daily, in order to offer it to provisions of the law until we see the extent of the commitment of media organizations the legal for conduct of its business , and if we had scored - with regret - lack of cooperation by some media organizations, including private and official in brief us on some of the contracts concluded by the which is an important source of civil liability of these institutions in general and in particular contractual responsibility with.The significance of the research is manifested in the technical and scientific development in the field of media activity on which these establishments are based and the immense openness the world witnesses in general and Iraq in particular in the field of media work.We tackled the subject of this research through a preliminary research in which we viewed the concept of media establishments within two chapters : in the first one , we searched the concept of civil responsibility of media establishments. We devoted the second one for the civil responsibility rules of media establishments.

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

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

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

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

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

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

الالتزام بمضمون القاعدة الدستورية : دراسة مقارنة == Abiding In Core Of The Constitutional Rule Comparative Study

Author name: ياسر مشجل ناصر
Supervisor name: كاظم علي عباس الجنابي
General topic: Law
Specific topic: Constitutional Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:
Abstract: The importance of this Research is clear in abiding with the institutional base , these bases which shown ((formal and subjective principle which leads the state authorities for their duties , according to the concepts the problems that the authorities of the state and citizens are not comply with these principles. formally or by procedures , or subjectively , which result not to fulfill the goals of the institution to establish institutional principles , which are the means to apply the interests of citizens , while if the legislator will not legislate the laws with easy application or he denies the core of laws which will lead to a big problem. In spite that the institutional principles represent the acme in Juridical system , these principles show the source of authority and organize its conduct and the relationship between the authority and principles , as well as show the rights of citizens , by this mean this the principles are organizing between state authorities and citizens with their rights. this characteristic gives high rank for rights in the scale of the juridical principles , because these principles become the base of other juridical principles of state , and not to cancel or contract the reason of its identify. so the abiding will be in two sides. First , that all legal conduits should comply with the core of juridical principles. secondly not to contract the principles , so that to fulfill compiling with the execution of legislator will , which expresses the institutional bases. that means that the state should not behave according to its will To fulfill the comply with institutional principles so it should gate an observatory professional , and material body to judge any conduct contract the principles , so that leaded to establish the (supreme union court) or the supreme institutional court , while has the responsibilities of clarifying the juridical system from any misleading statement which contract the institutional principles , which will ensure the legal responsibility of state and to save the rights of citizens. By any way that will lead stop applying any contract legislation to the institutional principle. If the institutional principles are log at principles which , they are , so to comply with them is one of its pillars , and it should be followed , though it is not a pillar in the institutional principle let it is abort of it , so the sentence of contracting the institutional principle is differ from the sentence of contracting the juridical bases , by nature , and kind , this difference based on the mature of the institutional principles. The institutional principles clarify by the institutional chart and basic laws , human right bill , and tradition on this sentence , which are the sowce of it , so some of which stands against state authorities to consider them is a protective acts to forbade any misact while other principles , so they are unorganized , but they are more active because they are issued by state authorities when there is any contract to institutional principles , which are the political parties , media and non - governmental organization. For more advantage we lead the analytical and descriptive , combative approach among the U.S.A. , Egypt , and Iraq according to the scheme of research as follow. The preparedly research which clarify the concept and nature , the institutional principles and point out their resource , the first chapter discussed the core of the intuitional principle while , second chapter discussed the contracting of the core of institutional principles , the third chapter deals with the sentence of contracting the core of the institutional principles and the penalty consequenced.

التنظيم الدستوري لنشوء فكرة القانون في ظل دستور جمهورية العراق لسنة 2005 : دراسة مقارنة

Author name: وليد خالد جالس الكريماوي
Supervisor name: كاظم علي عباس الجنابي
General topic: Law
Specific topic: Constitutional Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:

الباعث الشريف واثره في التجريم والعقاب == Sharif Motive And Its Impact On The Criminalization And Punishment

Author name: هدى علي عنيد كاظم
Supervisor name: كاظم عبد الله حسين الشمري
General topic: Law
Specific topic: International Criminal Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:
Abstract: تصنف البواعث من حيث الوصف الى بواعث اجتماعية واخرى غير اجتماعية، والباعث الاجتماعي هو : (ماتمليه الرغبة في المحافظة على الشرف والكرامة )،ويسمى في قانون العقوبات العراقي بالباعث الشريف وفق ماورد في المادة (128) التي نصت على انه : (.......يعتبر عذرا مخففا | Classified motives in terms of description to a social motive and other non - ajtmaah,social motivation is(matmelih desire to maintain the honor and dignity ), and called on the iraqi penal code balbaos sharif according to the false text of article(128) , which stipulates that (…….itconsidered amitigating excose to commit a crime motivated dishonest…..),it is noted that the iraqi penal code has peen devoid of a special organization balboaos only that he considered legal excuses diluted penalty to be imposed,but the penal code and that he did not draw the emitter foundations and useful rules of thunb when determing its uses during the season in the issues raised before the trial court,But the penal code and that he did not draw the emitter foundations of fixed rules determine its uses during the seasonin the issues before the trial court ,but he took it in some cases,without mentioning him , and did not leave the legislator to the judge the power to describe the motive for certain crimes vaattabrh motive honest and arranged impactand arranged the legal effect of it in terms of mitigation of punishment on the offender ,as is the case in the murder of a newborn child or abort the bregnancy in order to brevent a shame if his mother had carried him a serial killer(article 407 of the Iraqi penal code ), it is admitted that penal laws do not confuse the motive sharif and criminal intent ,as albgat is not an element of the crime and has no effect in the presence or in the terms of the punishment ,if the availability of staff of the crime committed the offender worthy to carry criminal resbonsibility is not a lesson after the punishment maturities ,in cluding paymint the perbetrator of the crime is not a lesson that was conducive honorable or despicable ,it follows that the motive does not affect the existence of the crime ,but its impact is limited to the sanction pronounced,and that mitigation in the limits sbecified by law and in accordance with the authority granted to him in power between the highest and lowest legal limits in accordance with the provisions of articles (130,131,132). Finally the motive on the grounds sharif a factor in the sentence makes him a reason to achieve justice that principle which is one of the principles that mean outgrow their constitutions and laws to achieve that equali

النظام القانوني لعقود البث الفضائي : دراسة مقارنة == The Legal System Of Satellite Contracts A Comparative Study

Author name: هدى جواد عبد الرضا
Supervisor name: راقية عبد الجبار علي
General topic: Law
Specific topic: Civil Law
Degree: Doctorate
Language: Arabic
University location: Baghdad
First pages:
Abstract: This kind of contract is considered a new type of contract since it was not known until recently. This is the contract of broadcasting through satellites. This contract is a performance one, committed by the provider of the service. The provider should be responsible for the trustworthiness, legitimacy, morality and authenticity of the material broadcasted. On the other hand, the user is obliged to pay and be cooperative with suppliers by providing the necessary information for broadcasting. In addition to providing the right, thorough, and up to date information the benefactor is committed to pay and cooperate with the supplier. This is done through providing follow up about the broadcast needed. Both parties should assure the confidentiality of the information wither this information is known before or after contracting. Therefore any violation of these regulations must face civil accusations for both parties of the contract. The communication laws referred to them in Iraq, Egypt, Jordan, Oman, and the UAE. There are certain penalties and fines imposed on every breach of the contract from both parties. These contracts require certain approvals from the country in which it is broadcasting. Otherwise the country has the right to stop the broadcasting. In Iraq it lies under the responsibility of media and communication ministry. They require satellite and ground stations their duty is to send and receive from and to satellites. These stations are usually based in other countries, this may cause a problem committing to the regulations in times of disputes.Thus it is preferable to state allstations in one country. According to the contract regulation the implicit or explicit rules do not solve the problem. Therefore the terms of the shared nation and the place where the contract took place, should depend on rule number 25 from the Iraqi civil law regulation number 40 1951. We decided to follow rule number 30 of the prejudice performance the of and to mend the gap of the application of laws we depended new regulations derived from the laws of transmission and the reception country. In addition to accepting the laws of the transmission country since their laws is known from both disputed parties.

الحلول القانونية لعوارض تنفيذ عقد امتياز المرفق العام وتصفيته : دراسة مقارنة

Author name: هدى تحسين الياس
Supervisor name: علي احمد حسن اللهيبي
General topic: Law
Specific topic: Administrative Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:
Abstract: تعالج هذه الرسالة موضوعا حيويا له اهمية كبيرة في المجال الاقتصادي بشكل عام ويؤثر على المرفق العام بشكل خاص، الا وهو عقود الامتياز، فقد تلجا الادارة الى ابرام عقود الامتياز باشكاله كافة مع القطاع الخاص من اجل تحقيق الاهداف، وتلبية احتياجات المجتمع المتزا | This study deals with a vital subject with big importance in the economical field generally, and affects the private facility particularly, the administration may go to seal all types of privilege contracts with the private sector in order to achieve the goals and satisfy the growing needs of society, where some believe that the public sector has a difficulty with managing the big projects for all public facilities, because of the inability to provide necessary finance and credits to implement these projects, thus, it was important to think about attracting investments to construct and develop these projects, spatially the infrastructure constructing, and since these projects are large and risky because of the big amounts of spent money to achieve them, then they must be implemented accurately, and it takes the management to give up some of its control and aim to implement the mutual commitments of the contracting parties.And no matter how much the effort was to fulfill the contract commitments between the contract parties, some unexpected obstacles may appear and they are hard to be handled or anticipated according to the ordinary standards of things, thus it becomes hard to fulfill these contract commitments with the presence of these obstacles.Therefore, solutions must be found for managing the crisis that public sector is subjected to, and try to dissolve the obstacles that object it, to maintain it and present its services to the beneficiary people regularly and steadily.Our motivation to choose the subject of the study was to know the legal solutions that were founded by the legislator, the judicial system and the jurisprudence to avoid these setbacks.This study was divided to an introductory part and three chapters; the introductory part addressed what is the public facility privilege contract, and this was subdivided into two requests, the first defined the public facility privilege contract and explained its characteristics and the legal types for these contracts, and we distinguished it form the similar other systems, while in the second request we addressed the modern development for the public facility privilege contract by defining the modern privilege contracts and distinguishing it from its similar concepts, also knowing the its importance through its privileges along with its set back points that effect it.The first chapter was about the public facility privilege contract incidents through dividing it into two parts, in the first we issued the respective impossibility for executing the incidents of the privilege contract that require keeping contract execution despite of the cost increment that results with a financial overstrain for the contractor or the project company.And this part is also sub - divided to three requests; in the first we mentioned the emergency conditions incident through identifying it and knowing the required conditions for it. In the second request we issued the mismanagement whether it was by its mistake or not, and in the third request we explained the unexpected financial difficulties that makes the contract execution more exhausting for the contractor. And we studied in chapter II legal solutions for public facility concession contract disabilities : by dividing it to three topics, in the first one we discussed compensation by defining it, knowing its types and how to calculate it when concession contract disability accrues, in the second section we studied abrogation through defining it and knowing its basis, and identify its types that may approach concession contract, in the third section we showed suspension by identifying it, show the conditions of obligation to it and the impact of the suspension on a concession contract annex. And we studied in chapter III legal solutions to filter the public concession contract : by dividing it into two sections, the first section we studied settling, distinguishing it of its similarities and the resolving mechanism of disputes arising therefrom, in the second section we discussed about how to conduct public facility settling through knowing the fate of labor contracts made with annex users and workers, also find the free returned money to the State from those returning with a compensation and also we studied how to setter financial accounts between the parties of the annex concession contract.

ضمانات الديمقراطية التمثيلية في دستور جمهورية العراق 2005 : دراسة مقارنة == The Guarantees Of Representative Democracy In The Constitution Of The Republic Of Iraq In 2005 Comparative Study

Author name: نور ليث مهدي
Supervisor name: مهند ضياء عبد القادر
General topic: Law
Specific topic: Constitutional Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:
Abstract: Obviously the term (democracy) which become more usable In abundance nowadays not early , but it is one of the oldest politics term , which below to compound Greek word which means( people rule) ethnic and other Greek cities ,since 6century BC , ordered by which known by direct democrat ,clearly by men meeting (without women) in public square , and they supposed rules and voting on it.nowadays knows by (Legislature), chosen individuals from them to owns the progress what have been agreed means (Executive power)It is known that Greece philosophers as (Plato) and (Aristotle) Criticized aggressively that way of democrat, and describe it by the judge of ignorance , Riffraff , Rabbles. and they called for the judge of Philosophers and wise people, and it is a kind which applied in the first Roman era and the aristocracy controlled the judge.The original aspect of democracy (people rule) didn’t get back its shine only after passed several centuries of time, and it embraced by the west as a reaction to face the feudal organizations which was characterized by the tyranny and oppression of peoples, and the development of method practices of democratic rule according to the development of societies which was adopted the democracy as approach of its political system, over the last three decades, a powerful governments in Latin America, eastern Europe had fell and the Soviet Union has collapsed, this fall was also says (Francis Fukuyama) did not give way in all cases, for a stable liberal democracies and which remain only in look of political hope that extended to include different regions and cultures worldwide.Fukuyama thinks that the Liberal democracy is a sign of the end of the day for the ideological evolution of mankind and represent the final version of the system of human rule.Regardless of what surrounds the former opinion of exaggeration in evangelization in the concept of cosmic and final of liberal democracy, the policies development which has known by the most of the countries is moving in the direction of expanding the participation of people in managing their own affairs this so - called democratization, and this development was varies from one area to another in the world, which moved in Latin America and Eastern Europe comparing with the most third world countries including the west and Arabs countries which subject to different systems but still unite to move away - even if with varying relative - We conclude from the foregoing that the will of the people is the core of a democratic system and the reference to determine the public options so it's not enough for a democratic system , a constitution regulates the authorities in the State , institutions to represent the citizens and the laws that allow of multiple parties which states of press freedom because the mechanisms and manifestations which are not common in the democratic societies in addition it may remain empty content but merely interfaces formality does not reflect the true implications of democracy on the ground which does not achieve but the availability a set of basic guarantees , it is possible to say that the democracy has a basis , this guarantees includes individual and collective freedom , pluralism , partisan , periodic elections , the devolution of power , the separation of power , independence of the judiciary , the existence of corporate , politically responsible government , to ensure that minority rights , the rule of law , freedom of the press, assembly, demonstration and media. the multiplicity and diversity of these guarantees are the subject of our study , it must be placed under the general headlines , each address head line shall have a set of guarantees , because the constitutions includes two most important aspects in the regulation of power and its competence as well as the individuals and their rights, so the constitutional guarantees will be sandwiched between the two sides and therefore we divide our subject to preliminary study preceded by an introduction and, the first preliminary study talk about what is the democracy , the first chapter talk about the study of constitutional guarantees of authority , the second chapter talk about the constitutional guarantees of democracy that regards individuals study and finally we includes the research with conclusion of the importance results and proposals. In according to the democratic rule that established on the public rival and the right of participating , this two principles considered a basic of societies democracy , in the same time any regime in the modern world cannot reach to the professional democracy society that represented the utmost political competition and public participation , GORG SORENSON adds to the two mentioned principles the civil freedoms in addition to REMOND KASTEL who sees that the freedom has a special important in the democracy and the applicable level of the democracy system is different depending on the different of political and civil rights. The predominant trend in the modern Western thought is that the Democratic term used to identify a political system and it should be a separation between matters which are called economic and social democracy and talking about the subject of the installation of the state apparatus, because the difference between the systems in the political dimensions of democracy that have nothing to do with a degree difference in the economic and social dimensions and between the owners of this trend Larry Diamond and Joan liter and Abzat believes that these democratic government system combines three basic conditions : first comprehensive competition between individuals and parties to fill all the important positions in the government and in the non - spaced intervals and without the use of force, second the high degree of political participation in the selection of leaders and policies through fair elections at regular intervals and are not or could not exclude any major political group and Third degree of freedoms political and civil that be enough to ensure the safety of the competition, participation and politics. No matter how many definitions of democracy it was about the fundamental principle implies that people are taking their own destiny is the one who chooses his rulers and watching them and change them possesses the authority has devoted this principle Universal Declaration of Human Rights on the tenth of December 1948, where Article him that 1 - everyone has the right to participation in the administrative of the public affairs of the town whether direct or by representative choose with freedom 2 - each person equally with others has the right to tradition the jobs in the town. 3 - the will of the people is the goal of the authority , this will must be manifested this will through fair elections periodically conducted by universal suffrage and equality among voters and by secret vote or by equivalent free voting.A general definition of democracy, we say as a political system is determined by the basic rules of sublime called the Constitution allows every citizen, men and women the right to equality and participation in the management of public affairs by their nomination for the general election or their elections to those who represent them in the implementation of political, economic, social and cultural options after reviewing the programs Law The measures proposed by competing political bodies through free and fair elections take place on a regular basis and serve as the authority by which voters are able to test between the approval of the continuation of the same trends and programs or changed if the public saw it in their best interest. The practice of democracy is not one form of constant does not change, but varies from one country to another, according to the traditions, cultures and methods include the expression of public will and the methods for electing the representative institutions and working methods and means of monitoring the work of the authorized authorities referred to differences direct measure of the affair public is that no matter how many differences, they remain within the scope of the democratic system if it does not conflict with the fundamental principle of this based on ensuring the people's power to choose their rulers and having the system reins because respect for this principle in theory, legally and practically is what distinguishes the democratic system of other systems.

مبادئ الموازنة العامة للدولة وتطبيقاتها في العراق : دراسة مقارنة == Principles Of The State Budget And Its Applications In Iraq A Comparative Study

Author name: نور عدنان داخل الشمري
Supervisor name: حيدر وهاب عبود العنزي
General topic: Law
Specific topic: Financial Legislation
Degree: Master
Language: Arabic
University location: Baghdad
First pages:
Abstract: The idea of the state budget idea is relatively recent , was not the general budget in the past as it is now , it has gone through the stages of the evolution of multiple , was the first phase , when the student members of the people, the ruling power , not to impose the tax only after the approval of the people or their representatives , and when he handed over the ruling power of this principle , asked the representatives of the people to watch spending tax revenues , and discuss the reasons for the imposition of the tax , and then go the people and their representatives to confirm their right to discuss the revenue all expenses all , and uses , and then struggled in order to be a report of tax and spending are League , was the general budget.So it was incumbent on the government to ensure the adoption of legislative power to the draft budget as a representative of the people and strives to maintain its interests , and what was the people's representatives of the blocks and the different political parties so multiple orientations differ with the government program, and sometimes agree with him at other times , leading the government to make changes in the sequence of priorities and projects in line with the orientations of these blocs and parties that have a majority that ensures authentication of people's representatives on the state budget , and here comes the role of the changing political reorientation of the public budget allocations and who is often away from the foundations of the financial and economic being designed to achieve electoral gains the future for those parties towards their constituents.Represents the state budget , at the present time , the basic document for the study of public finances , for any state , and occupied this study is an important aspect of financial studies , due to the evolution of the size of the general budget , and the growing impact on the balance of economic, social, political and financial.The budget of the states include recognition of public revenue and public expenditure, for a period to come, it is a financial plan for the state , designed to satisfy the needs of the public in light of the circumstances and goals of political , economic and financial - based society , it is a mirror that reflects the state activity and reflect on its role as the state cannot direct activity without spending cannot be spent without the revenue necessary for this purpose.Therefore, the study of the general budget, indicating that the procedures followed in the preparation and implementation of the general budget, reflecting the political and social system and the administrative state, also shows that the search in terms of the general budget shows the activities of the State Economic and objectives, as the study shows the effect of the factors and financial considerations of the state, and emphasizes the importance of the role played by public finance in the present eraAs the general budget planning tool for the future , the government is in the process of preparing the budget public take into account a range of important principles that guarantee prepared to the fullest picture of the fullest, also included the development of Activity executive power under the control of Parliament , but it is a result of the evolution of the concept of public finances and breadth of state activity has controversy raged among scholars about taking these principles or exit them , so that the concept is applied by conventional financial problems and generates economic and financial difficulties , which prompted the evolution of these principles and resulted in the exceptions to ensure their application in the preparation and the preparation of the general budgetThe problem with search according to those principles which leaves a clear impact in the general budget of the same in terms of Nacho preparation and voting upon the approval and implementation, which often Macon year or more different countries.In political terms, and as is known, there are reciprocal relationship between the political system and public finances, the authority is the ruling in a particular community, determine to a large degree the financial policy of the state, and the distribution of public expenditures and public revenues, between classes and strata of society different, are also affected by the financial public events and political unrest, Alaboukry hand, affect public finances in the political system through consolidation or reduction of the activities of the legislative power, as was the public finances and the financial pressures generated by, the reasons for the mothers of the revolutions in the world And contribute to the study and understanding of the principles of the budget to identify the administrative organization of the state, whether in the form of a federal or a uniform, and do follow the state highly centralized or decentralized system of government, and it affects all the modalities of control followed by the state to monitor the implementation of the general budget, infrastructure to invited us to select the subject of the principles of the state budget as the theme for this research.

حل الاحزاب السياسية في العراق : دراسة مقارنة == Dissolution Of Political Parties In Iraq (A Comparative Study)

Author name: نوال جرو كاظم
Supervisor name: مهند ضياء عبد القادر
General topic: Law
Specific topic: Administrative Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:
Abstract: بالنظر للاهمية التي تحظى بها الاحزاب السياسية، فقد اصبحت محل اهتمام ودراسة الباحثين في المجالات القانونية والسياسية، لذلك اخترنا جزئية معينة من ضمن موضوع الاحزاب السياسية كتنظيمات وجماعات سياسية تمارس دورا مؤثرا في حياة النظم السياسية، وهذه الجزئية تتعل | According to the importance given by the political parties, it became focused by researchers of legal and political fields. This is why we choose a certain part of political parties subject as an organization and political groups that has an influential role in the political system life and this part deals with parties dissolution by showing the factors and conditions that lead to political parties dissolution. There are many studies on political party and in different political systems, but the focus has always been on the mechanisms of the establishment of political parties, its pluralism and the methods of financing without the theme its dissolution which led to choose the title of (Dissolution of Political Parties in Iraq - A comparative study).This thesis has adopted more than a certain approach to study the subject through the use of the historical method to trace the evolutionary path that passed by the parties, as well as the adoption of the analytical method in the study of the legal legislations that addressed the issue of political parties dissolution by showing political parties regulating legislations since the monarchy in Iraq till present time and analyze its content as well as the use of comparative approach in order to study the issue of dissolution political parties by including the legal texts which organize the process of dissolution the political parties in Iraq and some other comparison countries which has been chosen for the similarity of its political environment and because it have the status of permanence and stability.The details of the study included the presentation of the concept of political parties during the definition of the emergence of political parties, the elements of the political party and the distinction between political parties and likewise all other policy organizations.Also, the obligations that are imposed on political parties were discussed for the principles and objectives of the political parties or liabilities related to the establishment of these parties.We've also dealt with the subject of legal regulation to dissolute political parties through the study of censorship imposed on the activity of political parties and the elements that lead to the dissolute the political party as well as showing case studies of dissolute political parties.Finally, we would like to clarify that the problem of research is the lack of clear provisions that mainly shows the legal arrangements related to the dissolution of political parties and this is because of the weakness in partisan legislations in general which forced us to use more than one approach in this study as well as comparing current Iraqi legislations with the legislations of comparison countries such as Germany, France, Jordan and others

انتخاب مجلس النواب في دستور (2005) العراقي : دراسة مقارنة == Parliamentary Election In The Year (2005) Comparative Study

Author name: نعيم زوير محيسن الساعدي
Supervisor name: كاظم علي عباس الجنابي
General topic: Law
Specific topic: Constitutional Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:
Abstract: There are differences between the citizens ,that came from their ethnic or classical societies or their parties , as well as their cultures or their thought or their psychological formatting and their advantages. Those advantages will be one unit and associated in one society , that the man has desire to belong to society to live , that he is social creative , His advantage to establish sustainable society and this needs authority to save those advantages. thus the authority must be established by the democracy and the definition of democracy Is the people rule themselves and the democracy had definite in the 17th century in Europe The democracy has three shapes * Directed Democracy , which is the people ruled themselves directly * The semi Directed Democracy , that be find representation boards to represent the people and the ruling by those boards.which return to the people when making decision * Representative democracy , which is establish on idea that this representative board making decision be hand the people. The democracy can be acted by election and choosing the Candidates to be representative to act the people in the parliament And the people can ask and rule the representatives Therefore , the democracy can keep the rights of the people specially the political rights. This regime gives grantee to the citizen to elect freely , and this right can't be done unless the freedom be grantee to all the people in general.The significance of this thesis The election operation must be formatted by three elements First : Voter , elector , is the most important one of them , that he is the reason for reaching the candidate to the parliament. Second : candidate , who has subjective conditions as the Egyptian or French legislators legislate. Third : the authority of the elections this authority must control the operation of the election. The problem of the thesis The operation of the election is not ideal on all levels and is not going by easy way in realty , because conflicted the interesting as to be collected the members who will make decisions and establish the main law of the state regime. Research MethodologyAs the election in Iraq is started in 2005 and associated with it some problems , we used the analytical method to write this thesis. and we compered it with Egypt and France and I give some results and comments. I will divided the study in the three chapters and after those I give Introductory chapter that talked about the political rights and it's kinds and the laws which ruled them. In the first chapter I had talked about the conditions of the voters and candidatesWhile the second chapter I talked the election operation and it's laws and the rules which organized it. In the third chapter I explained the appeal cases which are done in the special courts of the election included the election and Protest about the membership of the parliament also I had talked about the important results and the commend

القضاء الاداري المستعجل : دراسة مقارنة == Accelerated Administrative Judiciary Comparative Study

Author name: نسرين جابر هادي
Supervisor name: حنان محمد مطلك القيسي
General topic: Law
Specific topic: Administrative Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:
Abstract: Accelerated Administrative judiciary is one of the most important topics in practical life, because following the path of ordinary courts in certain special cases may cause the loss of time, and of damaging the interests of individuals if they delayed their access to judicial protection.So this kind of judiciary was found to solve cases that are characteristic with urgency, and the impossibility of right's delay, because speed is one of the characters of the evolution of life in any community, and it became an essential part in human life. Then it became a duty to develop judicial systems in order to achieve the speed of resolving disputes.And if this obligation is essential in cases considered by ordinary courts, it is a fortiori be a matter of resorting urgent elimination in an easy way, without difficult requirements that hinder the speed and justice envisaged by resorting to urgent justice, especially since the recent legislation aimed that urgent provision shall be achieving all that a party needs if issued in his favor.no doubt that the proper administrative justice and judiciary require scrutiny and give the parties the sufficient times and deadlines adequate to prepare their defense, but on the other hand we see that this deliberate and slow procedures often causes wasting of rights and freedoms and damages that are hard to be fix after the verdicts and judicial decisions are issued, because it is often this procrastination is intentional from one party to gain time and to bring about damage to the other party.And if urgent measures in front of French administrative judiciary have evolved over a century, the urgency in administrative law in Iraq measures did not meet this development, as the legislature did not put any provisions in the State Consultative Council Law No. (65 of 1979) on the administrative urgent demands which leads to the return to the Iraqi Civil Procedure Code No. (83 of 1969 regarding the Accelerated Administrative judiciary, based on article (7/11) of the Act, which approved the application of the procedures set forth in the of Civil Procedure Code when it is not provided for in the law of the State Consultative Council. And then urgent measures remained before the Consultative Council. And then urgent measures remained before the administrative judge in Iraq unknown legal field for the judges and litigants

المركز القانوني لقائد الطائرة == The Legal Position Of Aircraft Commander

Author name: مهند موسى جاسـم
Supervisor name: فاروق ابراهيم جاسم
General topic: Law
Specific topic: Commercial Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:
Abstract: The pilot is regarded as a president of a state in the society that exist on board because of the remoteness of the aircraft from state authorities.It may be subjected to an emergency without control or surveillance or without supervisor from the governmen. Accordingly it was very necessary to have an authority on board works as government or does state responsibilities specially keeping order and security on board. The pilot was most proper person to be authorized such a responsibility and difficult task.Because of such difficult task , the international treaties , agreements and laws had put many compulsory obligations and conditions which should be available in the pilot. There were many differences among the specialists about the nature of the job of the pilot and the nature of this contract between him and the airways investor. Some of them prefer that the signed contract should be work contract with special nature due to some great difficulties about innocence work contract.Here we can call it " air work contract ". As the aircraft is the main instrument used in this case and used specially by the pilot , then we must refer to speaking about that subject before talking about the pilot personally. Also the air safety depends fundamentally upon the used aircraft in flight; therefore there should be some special conditions and characteristics available in that instrument. The pilot has wide authorities whether upon the passengers or the aircraft crew that exist on board or even the corresponding and communication on board. Anybody got such capacity , abilities and powers , he must have good qualifications and knowledge. Basing on such information and description, the success of air flight or it failure depends in fundamentally upon the competence and qualifications of the pilot. Dealing with such a subject needs explanation about the powers and responsibilities of the pilot., specifying the law concerned which should be applied on board , action which may or should be executed on board , events and behaviors that may occur during the air flight. Because the pilot has great and wide authorities and power , it was natural that the responsibilities should be in the same level with those authorities and powers.. He is completely responsible for all his conducts , behaviors and any action he does ob board. But still some of these behaviors may lead to catastrophe mistakes. Any mistake committed by the pilot may lead to destroying and crashing the aircraft and death of the passengers on board and the crew also. Accordingly the pilot will be responsible for the consequences of his mistake ;therefore he feels always that he has great and hard responsibility required from him attention and watchfulness , although some pilots cannot bear such consequences ;therefore the international laws specified the pilot's responsibilities and duties against special amount as with air investor
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