Journal of Kufa legal and political science

when deliver his judgments, judge decides according to evidence that he has accepted. Opponent which adduces the more reliable evidence will ultimately win the case at issue. Hence all litigants will do their utmost to convince judges that their evidence is more reliable and admissible than the evidence of their opponents. Consequently, in every case there will be conflicting and contradicting evidence that judge has to evaluate and to outbalance contradicting evidence.
This study addresses the problem of contradiction of evidence in civil proceedings. The issue of contradiction of evidence is a logical-legal problem which faces judges in almost every case. The judgment is a multi-factor process based on three main elements; facts, law, and evidence. Without evidence , disputed rights cannot be protected and then they devoid the character of legal and enforceable right.
Due to the lack of provisions which address the issue of contradiction of evidence, the study relied on comparison between law and Islamic jurisprudence. The study discussed the attitude of Islamic jurisprudence and then it moved to the attitude of Iraqi and Egyptian laws.
thesis has been divided into two chapters with introductory section which has discussed the mean of evidence.

In their efforts to attract customers, merchants often associate their shops with commercial names and addresses that distinguish them from other shops, and the pursuit of attracting customers does not stop at this limit but goes beyond it to distinguish their goods, products and services with marks that also distinguish them from the goods and services of others, as these marks are one of the most important means of identifying goods and services, and therefore the trademark performs a dual function: It is the means for the producer, trader or service provider to distinguish the products or services he offers from those of his competitors on the one hand, and it is also the means for the consumer to recognize the commodity or service he seeks so that he is not confused in distinguishing it from the products and services of others.

Procedural jurisprudence has unanimously agreed that the court’s supplementary jurisdiction is fulfilled if the court neglects to request correction and when there is an interest in requesting an interpretation of the ruling, or if it also neglects to decide on a substantive request, provided that the omission is total.
The ruling issued in the preceding ancillary matters is considered a procedural ruling - and if it is issued after the ruling on the matter and not before it - then it is not correct to call it a ruling issued before deciding the matter.

Litigation is remotely the most important applications of scientific and technical development in the field of justice on the grounds that the application of technology in the judicial administration properly and gradual positive effect and this includes the impact speed of completion of transactions and to unify and simplify litigation procedures and contribute to the security of information saved and made available by the unauthorized addition to ensuring the quality work and keep abreast of developments.

Is holding informational shelter of the most important electronic contracts and the newly emerged because of the large deal to the Internet, but recent decade did not organize the Iraqi legislature this decade especially tightly did not respond to him a certain definition despite the issuance of electronic signature and electronic transactions law.
And is characterized by a shelter informational several characteristics of the most important he held from contracts concluded remote where it is not the limbs physical presence in the contract Council and also is one of the commercial contracts where the contractor shelter designed to provide shelter service to obtain profit, is holding shelter informational contracts that have the nature of which requires a special quest to put the regulation of these relations and with the help of the General Legal relevant rules contained in existing legislation or proposing the introduction of new legislative texts to counter what it may reveal about the legislative vacuum in this context.
In the absence of special legal regulation in Iraq regulates the relationship between the contractor shelter and the user, raises a shelter informational legally many questions whether those defined or distinctive characteristics or edges or misplaced or legal nature, or those of the respective rights and obligations of the parties.
Therefore, we will deal with this issue through rules that settled upon comparative legislation and settled him in the Hadith and the elimination of other countries

The contract of sale is one of the most important and oldest contracts known to man in the field of transactions and is considered one of the most important behaviors in the modern era.
behavior in the modern era, as it is based on two parties, a seller and a buyer, each of whom commits to the obligations arranged under this contract.
under this contract. However, the buyer may be an apparent person in the sales contract other than the real buyer (the one with the interest). The apparent buyer eiteher applies to purchase and conclude the sales contract and stipulates for himself at the same time the right to decide to purchase for others and announce the name of th real buyer within a certain period agreed upon with the seller, or the real buyer who does not want to show himself as a buyer in the sales contract agrees with an apparent buyer under an agency contract by applying for purchase and concluding the sales contract in his personal name, provided that the effect of this sale is transferred to the real buyer at a later time, the apparent buyer may be an apparent buyer in the sale with the right to decide to buy for others or may be an apparent buyer in the purchase by harness. Therefore, to discuss this, we will divide this research into two articles, the first of which deals with the apparent buyer in the sale with the right to decide to buy for others, and the second deals with the apparent buyer in the purchase by way of harnessing, then we reach a conclusion in which we include the most important results that we reached through this research. real buyer within a cher applies to purchase and conclude the sales contract and stipulates for himself at the same time the right to decide to purchase for others and announce the name of thertain period agreed upon with the seller, or the real buyer who does not want to show himself as a buyer in the sales contract agrees with an apparent buyer under an agency contract by applying for purchase and concluding the sales contract in his personal name, provided that the effect of this sale is transferred to the real buyer at a later time, the apparent buyer may be an apparent buyer in the sale with the right to decide to buy for others or may be an apparent buyer in the purchase by harness. Therefore, to discuss this, we will divide this research into two articles, the first of which deals with the apparent buyer in the sale with the right to decide to buy for others, and the second deals with the apparent buyer in the purchase by way of harnessing, then we reach a conclusion in which we include the most important results that we reached through this research.

The importance of investment guarantees as the tool dynamics of competitiveness in attracting investment - national and foreign - is no secret to one of the importance of investing in the finance sectors of economic productivity , including the service and raise the standard of living of the citizen , and the entry of investments in any country depends on the guarantees provided by the State for attracting investment , is the most important guarantees are Streptococcus that are agreed upon by the parties and included in the investment contract , and highlights the importance of this type of guarantees the fact that the implementation of the investment contract lasts a long time comparatively has accompanied changes in legal , economic or political influence on the investor , so it is seeking an investor to maintain his position through this income guarantees in the investment contract .

Monitoring the constitutionality of laws in order to ensure that they respect the rules contained in the constitutional document and do not contravene its provisions is one of the most important legal means to ensure that the law is enforced and properly applied.
It is recognized that oversight of the constitutionality of laws may be achieved through two types of oversight, either political or judicial oversight, and each of these two types has its own logic and justifications, but the preference for adopting one or the other is measured by the extent of its effectiveness in safeguarding the provisions of the constitution and preventing their violation, and some may wonder why the State Administration Law for the Transitional Period took judicial oversight instead of political oversight.

When the topic of Islamic unity is raised by leading Islamic thinkers, it indicates the importance and seriousness of the division that the Islamic nation is suffering from on its reality and future, as well as recognizing the reality of this division as a historical issue on the other hand.
But at the same time, it does not mean that this division is an eternal historical inevitability that cannot be controlled and mitigated at the very least, nor does it mean that this division is caused solely by internal self-causes and that external forces have no role in fueling it.
Here we must refer to the opinions of some Islamic and other thinkers as well as Arab and other thinkers who have addressed the issue of historical differences or conflicts between Muslims between excesses and excesses. Some have gone so far as to indicate that the causes of the division are due to external factors rather than internal ones, according to the concept of “conspiracy theory”.

The major part of money employment and investments are done by banks which can play double role .They are attractive for washing money on the one hand, where money washers seek to banks as a channel for hiding their illegal activities ,and they play an important role in fighting money washing process.