Journal of Misan Comparative Legal Studies

The legislative text has implications from which the interpreter can deduce, infer the mental orientations of the legislator when formulating the text, and that it be interpreted in the light of the goal that the legislator seeks to achieve, and taking the meaning that makes the text an object on the meaning with which the text remains without an object, and it should not stand On the literal meaning of the words, the words are the templates of meanings and their containers, and it is not possible to know the meanings, and the intent of the legislator is only by knowing their significance, There is no doubt that the significance of the words on the provisions mentioned in the legal text has multiple meanings, for the legal text is not limited to what is understood from its phrases, but often the indication of the judgment is by reference, concept or requirement, and each one of the methods of indication is considered In giving the judgment, and presenting the strongest of those indications to the weakest, and the interpreted jurisprudential rules, a role in interpreting the content of the contract in the light of these trends, the most important of which is the rule (the acts of speech are more important than neglecting it, but if speech acts cannot be neglected), which the legislator took in the Iraqi civil law, And other rules that tend to hold the contract, This calls for monitoring the legislator’s directions, while drafting the texts for legal action in general and the rules for interpreting the contract in particular, which is likely to activate the contract in a way that contributes to the stability of the legal positions of the parties to the contract, and to achieve legal stability in light of the legislator’s purpose when enacting the legal rule in accordance with Meaning (spirit of the text

in population numbers in the world in general and in Arab countries in particular has pushed governments to find solutions in order to provide job opportunities by increasing production factories and companies to meet needs, attract labor, and open the door for the private sector to open their projects by relieving the burden on the state, and all of this is not in the interest of the country. the environment Therefore, each project creates different environmental pollutions, and there is also another phenomenon that is the result of the increase in population density and the change in population migration from the countryside to the cities and from the cities to the provincial center in search of work and a life that provides them with all their requirements. This requires the transformation of legislative systems. From central authority to decentralization, and the judiciary relinquishes some of its powers to local authorities, since these authorities are closest to citizens, whether they do what causes pollution, live in encroachments on state property, or build random homes. This requires the legislator to continue amending and creating legislation that limits these phenomena and find solutions. Real Therefore, in our research, we will discuss what is the concept of pollution and its types, how the legislator dealt with pollution, what is the concept of violations, what are their types and causes, and who is responsible for filing the criminal case in both crimes

almulakhas an la yajuz an takun nusus tafwid wasalimat hataa tahaqiq alhadaf almanshud minha, wa'an yakun hunak tanzim salim yakful jawdataha, wa'ana siaghat alqawaeid alqanuniat yajib 'an taqum ealaa jamie al'usus alati takful diqtaha, wadarurat tawafuqiha mae almatalib alati altabaqat min ajiliha, wan tanzim alaihkam alqanuniat liqanun aindibat muazaf aldawlat walqitae aleami raqm 14 lisanat 1991 almuqarari, laha 'ahamiyat eamat eamat bishakl 'asasiin fi tahqiq almanhajii alfaeilii waldaman lima fi dhalik min musahamat kabirat fi tahqiq aleadalat alaindibatiati, lidhalik la buda min altaghalul fi aiemaq aihhkam aldawabiti, waltasadiy lilqawanin altanzimiat aladhi yatakhalaluha bi'anwaeih kafatun, lidaman tahqiq almatlub bayn alfaeilin waldaman waziadat alqadr allaazim min al'iijra'at alqanuniat fi aihkamih wabialnatijat tahqiq aleadalat alaindibatiat bibihaa suariha

One of the apparent conditions represents a presumption through which an individual’s belonging to a particular country can be proven. It is the evidentiary means created by French jurisprudence to solve a problem represented by the individual’s appearance as a patriot without having anything to prove his belonging to the country. Therefore, its topic is considered one of the important topics in nationality law, and in the topic of research we will discuss Its effect in proving original nationality; This is because citizenship is a document that proves an individual’s belonging to a specific country. If the individual loses this document, the apparent situation will have to prove this belonging and the individual’s right to obtain citizenship Original nationality is of two types, either based on the right of blood or based on the right of territory. In the first type, the individual is entitled to nationality based on blood ties and his descent from the descendants of individuals belonging to the state. In this case, the task of the apparent status is relatively easy, as it proves this appearance as well as his descent. Descendants of patriotic individuals.
As for the second type, the individual is entitled to citizenship based on the territorial connection that this individual was born within the territory of this country, and although most Arab legislation did not grant citizenship based on this connection, except in the case of a foundling, which is considered essentially based on the apparent condition, then the topic of the apparent condition is considered one of the topics. The task through which realistic problems posed by the environment and awareness among individuals can be addressed and are also of concern to the state

Compensation is the inevitable consequence of the establishment of liability. However, the damage resulting from the use of dangerous objects is difficult to cover under traditional compensation methods. Therefore, legislations have resorted to other supplementary means of compensation, the most important of which are mandatory liability insurance and guarantee funds. These play a complementary and reserve role, only being relied upon when full or partial compensation cannot be obtained. Thus, these supplementary means of compensation are of great importance in ensuring that the consumer receives full compensation

For political parties to perform their functions, great financial capabilities are required. To enable it to perform these functions, and the related special events and activities, and the money spent by political parties, including what is necessary to run its affairs, such as daily expenses related to the party’s headquarters, and administrative expenses related to party management.
It is natural that electoral campaign expenses are more important and larger compared to other party expenses, as winning the elections is the goal of every political party. As for the magnitude of these expenses, the practical reality proves them, as the expenses necessary for electoral propaganda began to increase, especially after the technical development that the world has witnessed, and accordingly. Those funds and attributes that the political party obtains as sources of financing are at the same time its financial rights

Heritage is regarded as a manifestation of all things possessing artistic, literary, scientific, or historical significance. It is a fundamental component of both religious and human civilisation, serving as a mirror that reflects national culture. The measure of a civilization\'s accomplishments is revealed through its cultural heritage, which serves as a tangible manifestation of its history and narrative. The narratives and behaviours it engages in. Heritage is a reflection of the cultural advancement of a nation or a group of people, encompassing both its tangible and intangible components. Undoubtedly, the moral significance of heritage may surpass its material significance, as heritage symbolises a legacy for the entire human race and embodies a chapter of human cultural and civilisational progress. The significance of this loss is underscored by the complete absence of any evidence or its absence represents a substantial loss that cannot be remedied through material resources. Heritage and cultural property received a lot of attention worldwide, not only at the national level, because international treaties stressed the need to recognise and protect them .
The civilisational and cultural heritage of the Holy al-Askari Shrine encompasses the physical elements that represent the identity of the space that housed the sacred shrine of the Imams al-Askari (peace be upon them). It is not only a religious and cultural heritage, but also a reflection of the Islamic religious identity and a manifestation of the beliefs held by Muslims, both in the present and in the past. The current era has witnessed numerous efforts to erase and distort the represented identity of this heritage, with the most recent being a terrorist attack that targeted the holy shrine and the two minarets, therefore, it is imperative for criminal law to play a crucial role in offering the essential legal safeguards to safeguard this significant cultural, religious, and civilisational monument, as well as to ensure the safety of the religious ceremonies conducted within this esteemed sacred site. Therefore, the philosophy of criminalisation and punishment in modern criminal thinking has been expanded to encompass safeguarding both material and moral values, as well as preserving the aspects of its progress, cultural legacy, and cultural assets .
The objective of this study is to analyse the problem of criminal texts in both the general and particular laws of Iraq. Our focus will be on the revised Iraqi Penal Code No. 111 of 1969 and the Iraqi Antiquities and Heritage Law No. 55 of 2002. In addition, we will take into account other pertinent legal documents, as well as international treaties that guarantee the safeguarding of cultural and civilisational legacy. Religious affairs are of utmost importance in countries, serving as a critical factor in both international conflicts and domestic strife. The purpose of this statement is to highlight the legal importance of protecting the hallowed al-Askari shrine, which is a crucial component of Iraq\'s cultural heritage. Moreover, its objective is to augment awareness and comprehension of these offences, as their understanding remains restricted among a substantial fraction of the general populace, the absence of criminality in the subject of heritage studies has created a disconnect between legal literature and popular consciousness .
The issue at hand concerns the effectiveness of the existing legal provisions in safeguarding the Holy Shrine\'s heritage from the harm and destruction it endured following the brutal attack in 2006, as well as subsequent attacks by terrorist organisations employing different methods of targeting. It also highlights the deficiencies in these legal provisions that allow for exploitation. Throughout this study, the existing gaps were addressed and resolved. The research will employ a scientific methodology that combines an analytical examination of law documents related to the subject and a comparative analysis. The research will be partitioned into two segments. The first section of the text will discuss the fundamental importance of the Holy al-Askari Shrine\'s heritage. The second section will explain the measures that should be used to protect the shrine\'s heritage from illegal actions

The subject of amending and rejecting the draft general budget is a controversial and controversial subject, as some believe that this right related to reviewing the government\\'s options for estimates of figures related to spending and revenue should be subject to a set of constitutional conditions and restrictions. The purpose of this is to maintain the government\\'s efficiency in implementing its general policies and respecting the principle of separation of powers, a principle that has been established in various democratic systems, and to show the shortcomings in Iraqi legislation and the limits of the use of the right to amend and the right to reject by the House of Representatives. The nature of the research required dividing it into two requirements. In the first requirement, we addressed the general framework of the House of Representatives\\' authority in the general budget law, as we divided it into two branches. We devoted the first branch to the concept of the general budget, while the second branch to defining the House of Representatives\\' authority in the general budget. In the second requirement, we addressed the House of Representatives\\' authority to amend and reject the draft general budget law, as we divided it into two branches as well. In the first branch, we addressed the House of Representatives\\' authority to amend the draft general budget law, while the second branch was devoted to the House of Representatives\\' authority to reject the draft general budget law. Based on what was previously stated, the subject was studied in all its details in the constitution. And the laws related to the comparison with the legislation (France and Egypt) until our research includes a conclusion in which we show the most important results and recommendations that we have reached

This study reveals a major problem that many members of society complain about, which is that leaving administrative decisions that violate the law effective and having their legal effect is a matter of utmost importance, because doing so will have many legal consequences because it is based on falsehood, and what is built on falsehood is false. The cancellation lawsuit, or the lawsuit for exceeding the limits of authority, is a lawsuit and is for filing a lawsuit to request the cancellation or termination of the implementation of an illegal administrative decision. The purpose of litigation is to achieve the principle of legality, and legality means that the actions of state agencies and its citizens are consistent with established, objective legal rules That is, the law and its various rules, whether constitutional, ordinary, or subsidiary, must all apply generally to everyone. In light of this, the subject of the study had to be divided into an introduction and four sections. The first section dealt with the concept and nature of the cancellation lawsuit, while the second section was devoted to the conditions related to administrative decisions. The third section was devoted to the conditions or conditions for the benefit of the person filing the lawsuit, and the fourth section was devoted to the provisions related to the dates for filing an annulment lawsuit, and I concluded that the research consists of an introduction, four sections, and a conclusion containing the results and recommendations

The development of modern means of communication has led to the emergence of the concept of the electronic document, which is represented by a group of documents that are collected, stored, or sent and replaced with electronic tools. These documents have characteristics that give them a unique character and distinguish them from many similar documents, especially since it is based on three pillars, writing, signature, and electronic support, and these documents have a legal force of proof equal to the strength of paper documents, The French and Iraqi to legislators have regulated this authority according to certain controls that have been discussed in order to reach the legal argument for these documents and clarify the various provisions that regulate it

Negotiations are among the oldest political and diplomatic means that countries resort to to settle their disputes by peaceful means, far from disputes. They are still the most successful means because the parties to the conflict are the ones who develop solutions to their disputes directly and in a way that serves their interests. Negotiations assume the existence of disputes between two countries that seek to resolve them by means, in order to Criminal liability is imposed for treason For a state during negotiation, the actor must have a special characteristic, which is that he is charged with negotiating, and that the party with which the negotiation is being conducted is a government, an international organization, or a foreign company

Legislative deficiency is a natural phenomenon that cannot be avoided. Its prevalence and generality in all legislation is due not only to the deficiency inherent in the nature of those responsible for making legislation, but also to their failure to take into account the sound foundations in legislative formulation when enacting or amending legislation, or to the inability of the legislation itself to keep pace with the facts of renewed and evolving life.
The provisions of criminal procedures, especially those restricting personal freedom, such as arrest and detention included in the Code of Criminal Procedure, have not been spared from the prevalence and generality of the phenomenon of legislative deficiency, which prevents the achievement of the desired goal or purpose and weakens its ability to satisfy the needs for which it was legislated, and this ability may be completely absent

As long as the contract has been created as valid and binding, all that remains is for the contracting parties to commit to implementing it in accordance with what it all includes, and the judge applies the contract as if he were applying a law unless it goes beyond the scope of public order and morals. However, the most that comes to mind in this regard is whether the content of the contract is only what the will of the contracting parties has shown, and they have included it as contractual clauses in the body of the contract itself, or whether the contract may extend to clauses that have not been stated on the occasion of the contract. However, the natural course of things, and the implementation of legitimate contractual purposes, requires that there be contractual obligations that cannot fully achieve the desired benefit from the contract without implementing them, even if the contracting parties are silent about including them in the contract. This requirement may be imposed by law, custom, justice, or the nature of the obligation itself. Accordingly, the implied contractual obligation is an obligation that has not been explicitly expressed, but rather is implemented in accordance with the law itself, custom, justice, or what the nature of the obligation requires, regardless of whether that is in Iraqi or English law

Proof is one of the important issues within the scope of criminal law, according to which the criminal act is proven or not committed by the accused. Most national and international conventions and laws have emphasized assigning the task of proof to the authority responsible for the accusation, in line with the principle of innocence .However, this does not mean that it is not permissible to oblige the accused to prove his innocence, as the legislator can intervene for the purpose of placing the burden of proof on the accused, which is what our Iraqi legislator did in the crime of illicit gain, as it did in other legislation Like the Egyptian legislator as well, as he assumed a legal presumption that the inability of the accused to prove that the legitimacy of the increase in his funds was a presumption that this crime was committed, so this presumption is not considered a departure from the original (the principle of innocence), as the accused can prove the opposite by stating his legitimate sources for that Money then eliminates crime

The issue of organizing the referral as an effect, even if indirect, of parliamentary oversight of the caretaker government was not given the necessary attention, as most of the constitutions and legislations issued under them were silent about organizing their provisions, which opened the door for jurisprudence and the judiciary to express an opinion on the importance of that referral and its extent of usefulness for the caretaker government, taking into consideration the special nature of the caretaker government and the characteristics it has that distinguish it from other governments. Perhaps this is what prompted many to ask about the existence of an effect of parliamentary oversight on the caretaker government? Can members of parliament refer to those competent bodies and courts? What is the appropriate method for that referral? Especially since the legislator did not include a text that permits or prohibits parliamentary oversight of the caretaker government. At the end of the study, we reached a number of results and recommendations, the most important of which was that it became clear to us that the parliaments have a fundamental and important role in referring any violations or transgressions of the caretaker government that they discover to the competent oversight bodies or the constitutional judiciary, each according to its jurisdiction. We called on the Iraqi Council of Representatives to include in its internal regulations a text that clearly and explicitly explains the correct method of referring to the competent oversight bodies

Due to the multiplicity of uses of fresh water, and due to the increase in the world’s population and the corresponding scientific and technical development، water has become a limited resource and difficult to obtain. Therefore، the international community، through public international law، has paid attention to international rivers to address legal challenges and difficulties، for equitable use and Reasonable international waterways and not causing harm to the riparian countries. The United Nations Convention legitimized the use of international watercourses for purposes other than navigation in 1997 to establish the principles of the use of international watercourses، and bear international responsibility for those who violate those principles، as well as addressing climate change، developing general strategies to address drought، and resolving disputes peacefully through negotiation. Or mediation، or within regional or international agreements، or the International Court of Justice

The research seeks to clarify the statute of the violations committed by Israel in Operation Iron Swords in the Gaza Strip, in light of the Rome Statute of the International Criminal Court. The problem stems from a main question about the statute of these violations according to the court’s system, and to explain their elements, as they are considered war crimes. The research aims to contribute to ongoing research efforts regarding the role of the Rome Treaty establishing the International Criminal Court in important and complex cases, and how this system can serve one of the most important issues of contemporary international law, which is the Palestinian issue

This research, which includes the scope of determining the control of the holding company over its subsidiaries, in which we tried to shed light on the principle of the control of the holding company over the subsidiaries, that control obtained either by the absolute majority or by owning a large percentage of the capital of the subsidiaries. Without that control, we would have been faced with another type and purpose of companies, and through that, it gives them administrative and financial control, as the control criterion must be fixed, not temporary or limited to a specific time, and the control element is achieved by the company joining with other companies in many ways, such as acquisition or merger, which depends primarily on achieving the common goal and interest

The great development in the economic and social aspects of various countries of the world has contributed greatly to the emergence of commercial and civil relations that did not exist before, which will lead in one way or another to a difference in interests and result in many disputes. Because the judiciary is the basis and strength of the economy and system of any country, being the true guarantor of rights, the emergence of systems that contribute to facilitating the work of the judiciary in a way that reduces the large momentum of the number of lawsuits filed before them and facilitates the procedures for resolving them by preparing them by a specialized judge who undertakes this, will undoubtedly lead to the achievement of great positive results that will benefit the litigation system in general and the ease of resolving disputes for individuals in particular

Forms the sale of used cars a common thing, and Because cars are objects of value and Safety is an important element Security is an important element that must be in place, which assumes with it, that Who buys a used car aware of defects it, and because Defects cannot be detected by the buyer In most cases, because He is not experienced in cars Which prevents the buyer from knowing the hidden defects in itm Especially since cars are consumer items, It is subject to damage from normal use, or damaged by an external influence not properly maintained, and tryness some to hide defects by using fraudulent means, and In front of this reality The so-called car inspection offices have appeared practised by people with automotive experience Inspects the purchased vehicle Through a contractual relationship between the testing office and the customer, and because this professional activity is not regulated by the Iraqi legislator, and he did not regulate the obligations and responsibilities of offices. and Since the car buyer is considered a consumer and what follows from that from Legal implication to consumer protectionism, to shed light on the activity of car inspection offices and Statement the impact of the examination on the provisions of the hidden defects warranty, to reach conclusions and suggestions

The bank's commitment to maintaining banking secrecy goes back to ancient customs and traditions. It is difficult to determine the principle from which this commitment was based and the circumstances that led to its emergence. The difficulty lies more in determining the illegal origins of this secrecy, because as an institution it is not limited to a specific scope, but rather extends beyond it to include... In other different and sometimes distant institutions, and that the commitment to banking secrecy is based primarily on an ethical rule, which is trust, in addition to a number of factors that play an important role in maintaining this commitment, which are represented by economic, geographical, historical and political factors. We divided the study into two requirements. In the first, we discussed the non-legal origin of banking secrecy, and in the second, we investigated the legal origin of banking secrecy. We concluded that the non-legal origin of banking secrecy is due to moral, historical, geographical and economic origins, while the legal origin of banking secrecy lies in the incident that created banking secrecy

Our penal legislator has taken legal equality in punishment between the perpetrator and the accomplice as a general principle. The responsibility of the accomplice in the crime is no less serious than the responsibility of the perpetrator، as the provisions of Article (50/Paragraph 1) of the Iraqi Penal Code stipulate that “everyone who contributes as perpetrator or “An accomplice in committing a crime shall be punished with the penalty prescribed for it unless the law stipulates otherwise.” On the basis of this text، the legislator determined the general rule in determining the penalty for shareholders، which is based on the fact that the assisting partner is subject to the same penalty as the perpetrator for the crime committed by him. It is also noted that our legislator Equality was established in a certain type of crime، which is terrorist crimes، whether the contributor is an actor or an accomplice، regardless of whether the participation was prior or contemporaneous with the commission of the crime. The judge is obligated to apply the text specific to the crime in the event of an accomplice participating with the perpetrator، and the provision it includes regarding punishment، where both limits are applied. The highest and lowest punishment، and if it includes preventive measures، then both of them impose those measures on him as long as they are subject to the same text، that is، the partner is punished with the same punishment as the perpetrator for the same crime، and part of the jurisprudence holds that punishing the accomplice with the same punishment as the perpetrator does not mean that they are equal in punishment، as equality in punishment is not what is meant by it. The punishment for the accomplice is equal to the punishment for the perpetrator. Rather، what is meant by this rule is for the accomplice to be subjected to the punishment stipulated in the article applicable to the perpetrator’s act. If the crime was a minor theft، the penalty shall not exceed five years’ imprisonment to which both the perpetrator and the accomplice are subject alike

The research aims to identify the rights of the child in international agreements, in order to shed light on the stages of development of children's rights and the protection of these rights among nations, ancient civilizations, laws and heavenly religions, as childhood is an important stage in the life of any human being, because the child is born weak and unable to practice his daily affairs, and is in need of special care and attention, so it is necessary to know what rights this group has in order to ensure their protection from any violation they may be exposed to over time. The consideration and protection of children's rights has received different forms of attention and care in the shadow of civilizations throughout the ages, because children have full human value and inherent dignity. In past ages, due to the difficulties of living and the harshness of life, it reached the point of killing them and keeping only men as they are more capable of confronting the difficult circumstances of life. Interest in children as an independent social group in international law did not begin until the beginning of the eighteenth century. Therefore, the researcher first defined what is meant by the child, then delved into the stages of development of children's rights and their protection among ancient nations and civilizations, then explained the rights of the child in Islam and the great care it gave him as a defenseless being with no power or strength and he is more deserving of care and attention. Then he addressed the rights of the child approved by the International Convention of 1989 and some other international agreements