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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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