Journal of Kufa legal and political science

The law may grant some privileges to certain persons, not by themselves but by their positions, which necessarily means that these privileges end with the end of their duties. The privilege is linked, in existence and nonexistence, to assuming or ascending to the position. Accordingly, the privileges enjoyed by a member of the House of Representatives automatically expire with the end of membership in the Council. The Iraqi Constitution of 2005 stated that a member of the House of Representatives enjoys the rights of membership from the date of ratification of the election results, and the member assumes his duties after taking the constitutional oath without stopping to verify the validity of his membership, and that these rights continue throughout the term of the member’s term, and end with the end or disappearance of the membership status, whether the end is normal or exceptional.

On 4/9/2003, the ruling system adopted under the 1970 Constitution fell, as did the Constitution itself, and with it the fall of the constitutional and security institutions in the state, which were dissolved under the decisions issued by the civil governor of Iraq on 7/13/2003. It was not easy to establish alternative institutions overnight, as the situation in the country was confusing. On the external level, the Iraqi political forces wanted to return to Iraq to begin their activities as soon as possible, while on the internal level, the Iraqis were not prepared for the new phase that followed the war and the fall of the previous regime; therefore, their political activity was delayed for some time, but both parties lacked a clear vision and knowledge of what should be done.

Through the provisions of Civil Law No. 40 of 1954, we mention the legal definition of compensation. As a result of the importance of this topic, I tried to research it, encompassing all its aspects, as it was a preoccupation of the thinking of civil law jurists. It is the penalty for violating the rules of civil law. It is represented by restoring the situation to what it was before the harmful act occurred or mitigating its impact. Noting that compensation may not be ruled upon except when it is demanded, whether before civil courts or criminal courts. From this logic, I will try to clarify my point of view on this topic. Hoping that God Almighty will grant me success in writing this research. Before diving into the details of this research, I will refer to the plan on which I was leaked in writing this research, starting with the formation of this research from two sections. The first section discusses the nature of compensation and is divided into two requirements. The first requirement discusses the definition of compensation. The second requirement discusses the conditions of compensation.

One of the issues that the student - whether he is a student of law or jurisprudence - faces difficulty and hardship in studying (the contract of the busybody) due to the differences between jurists in it, whether they are Islamic jurists or legal scholars, and due to the differences between the laws in researching and treating it or adapting it. Therefore, I faced some difficulty in researching it, especially after I chose to research it scientifically based on comparison between the Imami and Hanafi jurisprudence and the Iraqi and French civil laws. So I exerted my effort and most of my energy to overcome those difficulties and jurisprudential problems, and from God is help and success

There is no society without an authority that manages its affairs, organizes its matters, and dominates the various aspects of the activities carried out by its individuals and works to direct them in a direction that leads to the progress and prosperity of society, on the one hand, and on the other hand this authority works to prevent its individuals from doing things that harm society and delay its progress, and this authority is the highest political authority in the group, as society and authority are two interconnected things, and a civilized society cannot exist without authority