AL-Qadisiya Journal

The idea of the research is based on reconsidering the findings of a side of jurisprudence and the Federal Supreme Court in how to calculate the simple and absolute majority and two-thirds required for the Parliament to vote on some decisions The most important of which is the majority of the election of the President of the Republic in the first round, The court concluded that its calculation is by calculating the two-thirds majority of the total number of members of the Parliament, and this calculation is inaccurate and caused a major problem after the parliamentary elections of 2021 and the delay in the formation of authorities, the occurrence of a state of constitutional vacuum, and the emergence of a constitutional crisis real. Therefore, we tried to recalculate in a way that is based on the provisions of the constitution and adopts methods of scientific interpretation of the constitutional text.

Constitutional institutions carry out some practices that the written constitution does not stipulate and does not prevent from doing at the same time, and here the question is raised about the legitimacy of those practices that are called constitutional agreements, which are implicit, unwritten agreements, or more like an agreement between the authorities on actions and behaviors that are ignored Written constitutional rules without explicit opposition to those holding power, and these practices are activated in an unwritten way among the constitutional institutions outside the framework of the document of the written constitution, and it is not a constitutional custom either due to the incompleteness of the moral element represented by the consent of those governed by it, and the Iraqi parliament has practiced some of these agreements represented By political quotas and bypassing constitutional deadlines, the Federal Supreme Court dealt with these practices with a number of constitutional provisions that mitigated their exaggeration in order to preserve the political system and society as a whole

Leadership positions play a leading role in achieving the goals that the administration seeks to achieve because the scope of the terms of reference of those positions does not stop at the limits of implementation as is the case with normal jobs، but goes beyond that to planning، decision-making and leading the group to reach what the administration wants to achieve، and therefore most legislation has been accompanied to inform these positions of special provisions in terms of the conditions of nomination and the mechanism of selecting candidates and how to evaluate them under the umbrella of a unified law or system، Some legal systems have also sought to give independent civil service agencies a role in the process of appointing the incumbents to leadership positions in order to ensure the appointment of the best candidates and ensure the integrity of the selection، but the Iraqi legal arena lacks unified legislation to control the process of occupying leadership positions، as its provisions have been fragmented among several legislations، which has led us to consider the appointment of the incumbents of leadership positions in Iraq to determine the role of the Federal Public Service Council in this matter.

The crimes related to electric power are like most crimes that affect the internal security of the state and cause damage to public funds, and lead to negative repercussions on all the joints of the state and threaten its security and economic system, and impede the goals and plans for economic and political development, and the reasons and motives that push the perpetrators to commit these crimes vary. With terrorist, political, or economic purposes, and as a result of this importance, the legislator has given special attention to these crimes through the inclusion of penal texts that impose penalties on the perpetrators of these crimes, not to mention that their nature may have features that make them different from the rest of the crimes. Electric energy to achieve the desired goals, including it from the public funds allocated for the public benefit.

There is a problem in the position of the constitutions regarding defining the competent authority to adjudicate the validity of the membership of the members of the House of Representatives, since this issue interferes in resolving it the legislative authority or the judicial authority or both together, therefore, in this research we have tried to clarify the position of the constitutions in this regard and to reach the appropriate constitutional solution for that. This study was divided into two independent sections, the first includes the definition of the ruling on the validity of the membership of the members of the legislative authority, and in it we dealt with the concept of the ruling on the validity of the membership of members of the legislative authority with a statement of the position of constitutional jurisprudence on the ruling on the validity of membership, while the second section includes a statement of the position of all Egyptian and Iraqi legislation On adjudicating the validity of the membership of members of the House of Representatives. The constitutions go to three directions when specifying the competent authority to decide on the validity of membership. The first assigns this matter to the legislative authority and the second assigns it to the judicial authority. As for the third direction, it goes to the fact that deciding on the validity of membership is a common competence between the legislative and judicial authorities. And that the Egyptian Constitution of the year (2014) amended decided to give the task of adjudicating the validity of membership to the judiciary, because of the guarantees it provides of impartiality, independence, and distance from partisan and political currents, while the Constitution of the Republic of Iraq for the year (2005) assigned the task of adjudicating the validity of membership to the House of Representatives, with the possibility Challenge the decision issued by him before the Federal Supreme Court within thirty days as well.

Climate change is an imbalance in the usual climatic conditions such as temperatures, wind patterns and rain that characterize each region on the earth due to the dynamic processes of the earth such as volcanoes or due to external forces such as the change in the intensity of solar radiation or the fall of large meteorites and recently due to various human activities.Industrial development in the past decades has led to the extraction and burning of billions of tons of fossil fuels to generate energy, and as a result, the emission of greenhouse gases or so-called greenhouse gases such as carbon dioxide, which is the main gas in climate change, and the huge quantities of these gases have been able to raise the temperature Earth to 1.2 degrees Celsius compared to pre-industrial levels. When we talk about climate change at the level of the globe, we mean changes in the Earth's climate in general, and the pace and size of comprehensive climate changes in the long term lead to enormous impacts on the various environmental systems on the surface of the Earth, and the names may be multiple. Which is mentioned in scientific books with regard to climate changes, but in the general sense it means global warming or the increase in the earth's temperature or climate changes ..... etc.The problem of climate and the damage caused by climate change has become one of the dangers surrounding human life and causing an imbalance in the entire planet. The issue of climate protection is a matter of utmost importance to most countries of the world. climate in accordance with Chapter VII of the Charter of the United Nations and the Human Rights Council, which considered damage to the climate as a harm to basic human rights, and considered damage to the climate as one of the issues that threaten international peace and security.

The application of constitutional texts depends on their formulation in a sound language that is free from deficiency and ambiguity. It also depends on the behavior of those in charge of the political process in the country، which has an obligation to implement it as indicated in the constitution. The presence of the second chamber in the legislative authority is one of the characteristics of the federal system، despite the departure of some from the federal states. About that in the formation of the legislative authority، as most federal states adopt the two-chamber system in its formation، so the first council is an elected body of the people that practices the enactment of laws and represents the entire people، while the second council is representative of the states of the members of the federation، and in line with this trend، our constitution in force took the two-chamber system، As the legislative authority consists of the House of Representatives and the Union، however، it suspended the formation of the latter according to Article (137) of the Constitution contained in the transitional provisions. Thus، the existing principles in the federal system، and what is in force in the constitutions of countries based on the binary system in the legislative authority، as was the constitutional judiciary represented by the The Federal Supreme Court has a negative position in its rulings in this regard.

The research sheds light on a very important aspect، except that it is the possibility of appealing against the actions of the public employee or whoever is in his position when he breaches his job performance granted to him by members of society، since the subject affects the public interest that the constitution and laws sought to protect in various ways، and the appeal means expressing an opinion on The work or job of the employee or the like without there being an infringement on his personal life، otherwise this is considered a crime، and this appeal is not done unless a number of conditions stipulated by the law are available، so we dealt in this research with two demands، and we devoted the first requirement to clarifying the concept of appeal in business The public employee or his equivalent. In the second requirement، the terms and scope of the permissibility of challenging the actions of the public employee or his equivalent.

Undoubtedly the present era is the age of AI applications of various kinds and images, as it has become an indivisible part of our daily lives and relationships, and over the past few years scientific and technological development have helped artificial intelligence in which becomes inevitable reality in human being’s life. Utilising artificial intelligence’s application has accelerated and reliance on it pertaining to lots of tasks and works increased. This development raised many legal issues including regulating and determining the criminal responsibility attribution rules of the criminalized acts which emerge from using it. For this purpose, in this study AI will be explain with the most important applications and uses of it, identifying crimes committed through AI , those are likely to occur in practice and virtual world , whom are the causes of it, and their punishments. Then it addresses the issue of attribution of criminal responsibility in terms of those crimes that is committed or caused by AI aiming to provide solutions via the theory of moral actor. Moreover, to collide the characteristics of AI applications with criminal responsibility requirements arising from offences and their use, it is necessary to establish a legal framework through the enactment of special legislation regulating the operation of AI applications, their fields of use and the crimes arising therefrom, in order to attribute criminal respect to their real cause clearly and explicitly

Radio and television programs are artistic and literary works، and in particular (audio and visual works). This was at the request of a natural or legal person، who chose the subject and prepared the supplies as well as supervising، directing and publishing it، and since these programs were transmitted through means of communication that crossed borders، they received international protection through the agreements concerned with that، establishing a number of rights for the authors of these works and their broadcasting organizations. However، due to the communications revolution and its advanced technology، these programs became vulnerable to piracy and violated the rights of their authors and broadcasting organizations، which reflected a weakness in the legal treatment that could hardly catch its breath to regulate a specific matter، until it was surprised by the rapid development of communication technologies

The eye print is one of the types of biometric or biological fingerprints. It is considered one of the accurate fingerprints in determining the identity of people، including the fugitive accused، because each person has an eye print that is different from the other، even if it is for the same person. The iris fingerprint is currently used، and the reason for this is that the retina fingerprint requires the person to sit directly in front of the device’s camera lens، while the iris fingerprint is enough to pass through it to capture the camera’s eye print، from this we conclude that the retina fingerprint is different from the iris fingerprint and this what was confirmed in the concept of each of them، where the retinal imprint is defined as a group of blood vessels that emerge from the optic nerve of the eye، knowing that each of the right eye and the left eye has a unique and different path of blood vessels، which made each eye imprint different from the other. In contrast، the iris imprint of the eye is defined as the colored part of the eye through which the amount of light entering the eye can be controlled through the pupil. The eye’s iris consists of two muscle tissues and a group of fibers; the iris takes its final shape in the final stages of embryo development.Concerning the characteristics of the eye print، it is characterized by a set of features، the most important of which is that it is more accurate than fingerprints in identifying people because fingerprints have (40) characteristics. In contrast، the eye print is characterized by (266) features. One of the characteristics of the eye print is also that it is fixed after birth. It does not change for life and is not affected by surgeries or when wearing contact lenses. Concerning its legal nature among the evidence، the Iraqi Code of Criminal Procedure No. (23) of 1971 did not provide for the fingerprint in general and the eye print in particular; the evidence provided in Article (213). /a) However، it became clear to the researcher through the study that the legal nature of the eye print is a presumption، specifically of the type of judicial presumption and not a legal presumption and the extent of its authority in determining the identity of the fugitive accused. Including a fingerprint that cannot be falsified in all its forms will become apparent through the research folds with the help of the Almighty.

Providing constitutional protection for intellectual security means protecting and preserving human thought from deviant ideas and cultures، and it is a very difficult task، as when the state intervenes to achieve its goal of achieving intellectual security، by monitoring the intellectual activities of individuals، and in order to organize the intellectual activity of the individual، it must balance Accurately between the individual's freedom to obtain information by legitimate means، and its peremptory authority to determine the legal rules necessary to regulate this right to provide intellectual protection for the individual and society، by not exceeding the limits of regulation into the field of restriction. The importance of research in the issue of constitutional protection for intellectual security lies in the fact that it takes a legal and constitutional dimension related to the security and stability of the state، and the right of the individual and society to live in an intellectual and cultural environment that is always safe from violation.In order to understand the aspects of the subject، the study was divided into two sections، we devoted the first to explaining the conceptual and philosophical framework of intellectual security، and we singled out the second to studying the constitutional means necessary to protect intellectual security. It has become clear to us from the research that the basic rule for creating an effective system for the protection of intellectual security is embodied in the presence of explicit texts at the heart of the constitutional document، which requires the protection of human thought، mind and culture، and the referral of its organization to the ordinary legislator by enacting a law concerned with the protection of intellectual security in an independent manner، and the consolidation of this Protection by creating constitutional institutions specialized in rooting and spreading culture، respecting human thought، and feeding it with information from authentic and discreet sources and perspectives.We ended the research with a conclusion that included the most important results and recommendations that resulted from the research، which we hope will pave the way for researchers to continue research on this subject، and guide the Iraqi legislator to give full protection to intellectual security.

Money laundering crimes are organized crimes committed by specialized and organized criminal groups, and they are cross-border crimes, which requires concerted international efforts to reduce its seriousness, as it has many effects on the individual and society and results in many economic or social damages. It also entails damages and dangers at the political and criminal levels, because the perpetrators possess material and moral capabilities, which are not characterized by continuity. Therefore, modern legislations go in two directions to combat it. The first is the criminal policy to combat money laundering crimes in order to achieve public and private deterrence, and the second is the preventive policy to combat it by preventing the exploitation of the banking system in money laundering operations. and to find specialized agencies to combat it

The judiciary is generally described as a safe haven for everyone whose rights are violated or their freedoms are usurped. The constitutional judiciary is one of the most important guarantees of constitutional legitimacy, one of its manifestations is the protection of the democratic system, the supremacy of the constitution and the law, ensuring respect for rights and freedoms, satisfying the evolving needs of society, in addition to achieving political and legal stability. The role of the constitutional judiciary in Iraq, represented by the Federal Supreme Court, has emerged significantly in the recent period, and this can be seen through the decisions issued by it, as the Iraqi legislator granted the Federal Supreme Court interpretative jurisdiction over the constitutional texts, and it issued many explanatory decisions for those texts, which Some of them were focused in the field of the legislative authority and others in the field of the executive, and some of those decisions contributed to disrupting the work of those authorities, whether it was the legislative authority or the executive authority, so that these decisions greatly affected the activity of those institutions, which resulted in Life, rights and liberties were greatly affected, from here our desire began to discuss the issue of the decisions of the Federal Supreme Court disrupting the work of the legislative and Executive.

The nature of the public job and its necessities oblige the subordinate to respect and enforce the orders of his administrative superior as one of the most important duties and ethics of the job, and in return for this obligation imposed by the administrative hierarchy system, there is a guarantee for the subordinate represented in the legalization of his enforcement of this matter whenever it results in a crime, but this permission is conditional on the availability of Specific conditions, including good faith, verification and investigation, and in the event that one of the legally required conditions for initiating the act is missing and resulting in a crime, the subordinate does not benefit from the reason for permissibility, and his responsibility is carried out according to the general rules.

Regional administrative decentralization is one of the most important methods of administrative organization of the contemporary government, and this method (or method) is achieved through the participation of administrative units with the central authority in the work of local authorities. Provided that the central authority manages the administrative affairs of a national nature that concern all citizens of the country. This requires the legislator to take into account the balance (mixing) between local affairs related to the population (local administration unit) and national affairs (public) to achieve the optimal application of regional administrative decentralization

administrative decisions are one of the most important legal means of the administration, and one of its privileges that help it achieve its goals. When an administrative decision issued, by the appropriate authority, fulfilling all its pillars and elements, it is implemented immediately, without dependent on the knowledge of individuals, and then the administration can implement it, but without harming the individuals, because administrative decisions cannot be applied to them unless they knew about them, through formal means of knowledge.However, the decision may be defective in one of its pillars, which compels the victim to file a lawsuit before the administrative court, and the principle is that filing a cancellation lawsuit before the administrative judiciary to appeal a specific administrative decision does not affect the implementation of the contested administrative decision, according to the principle of non-positional effect of cancellation, but because this principle had serious effects, especially if the implementation of the administrative decision resulted in damage to the interests of individuals, which may be irreparable or difficult to repair if the decision was implemented and produced its effects. Therefore, in order to avoid this dangerous and negative impact of the principle, another exceptional system was founded, which is known as the suspension of implementation.In this research, we will try to explain the original principle (the unstable effect of appealing the cancellation), and the exception (the suspension of the implementation of the administrative decision) through three subject matters in which we explain the concept of the origin and the exception and their justifications.

The constitutional organization of the public authorities in the countries under comparison, including the clarification of their formation and competence, is one of the important issues that shows the nature of the work of these authorities and the relationship between them. In spite of what some constitutions tackle in a clear and explicit text concerning the type of the political system that they embrace within the texts of the constitution, the features of this system are not determined merely by the text related to the form of the system in isolation from the rest of the texts, but it must be considered to form each of the legislative and executive authority in order to identify some aspects of cooperation and balance between them.In this regard, it should be noted that the matter is not limited to clarifying and reviewing the constitutional organization in order to determine the nature of the formation of the authorities and their competencies, but the analysis of the political reality must also be done in order to identify the internal deviations, if there were, that occurred in the political system in the countries under comparison, since they have an important influence on the aspects of cooperation and balance between the authorities.

One of the basic duties of media outlets is to serve the public and meet the interests and needs of society, being the true woman that reflects all political, economic and social aspects. Iraq emphasizes the importance of the media and their media freedom, including freedom of expression, press, printing and media, freedom of assembly and peaceful demonstration. The administration, represented by the Media and Communications Commission in Iraq and the Ministry of Information in other countries, is responsible for monitoring media activity with the fulfillment of legal conditions, by granting licenses. This license is what is It is only a preventive control means authorized by the legislator to the administrative authority in order to regulate this media activity. It is not possible to practice this activity without obtaining the previous approval from the administrative authority. Violation of these controls and their withdrawal by executing the issued license decision and returning it to the non .

International cooperation with the International Criminal Court includes a group of complex concepts due to its association with some similar concepts، and it also includes a group of aspects of cooperation in terms of concerted efforts to achieve common benefits. And that is by its clear and explicit reference to the investigation in the plural form (investigations) in crimes، so that any part or procedure of the investigation procedures is included under the name of cooperation between states in what is conducted by all branches of the court and its agencies - including the public prosecution - within the frameworks of its competence، as it stipulated ( Cooperation between the state parties shall take place in accordance with the provisions of this Statute، and there shall be full cooperation with the court and its proceedings، within the framework of its competence in terms of investigations and prosecutions of crimes.

This study deals with the issue of adapting the cinematic stunt double contract in terms of the contractual models which organized by the civil law, and focuses on this issue from the angle of the stunt double who is an alternative of the real star in the cinematic film, we aim to determinate the range of legal rules that govern this contract. So in this research we analyze the information in order to reach the required results and recommendations.

The subject of the contract in the Iraqi and Egyptian civil laws includes the contractual conditions and the resulting contractual effects، as it is the essence of the contract، which focuses on consent، while in the French civil law in the new contract law، it was considered a pillar of the contract added to the consent، in addition to the subject of the legitimate and possible contract Conditions for the validity of the contract under this amendment. This objective determination of the subject of the contract has an impact on defining the concept of the contract. If what the contracting parties agree upon is not subject to change and modification and its elements are implemented as they are، then we will be with the traditional concept of the contract، which depends on the voluntary determination of the subject of the contract. But if the determination of the subject matter of the contract is not limited to the will alone، then we are faced with the evolving concept of the contract whose basis is the legal، not involuntary، determination of the subject of the contract، meaning that what the contracting parties agree upon will be subject to many considerations aimed at achieving contractual justice between the contracting parties.

Father and mother may have an Impact on the acquisition of citizenship as per conditions set by the legislator under whichh it affirms the right of the individual after the approval of the competent authorities. Nevertheless, when it comes to the techniques of artificial reproduction in this regard, different trajectories may be taken; and this Is due to the absence of Iraqi legislation on artificial reproductive techniques and standing towards clear steps, on the one hand, and on the other hand with regard to the diversity of international systems regarding the contents of the provisions of these techniques and the exact definition of family origin. That fact explained the distinction between the foreign International system and the Iraqi legislator in term of the vision of those who are authorized, as we are dealing with citizenship by birth, which will be Interfered by the foreign element born either from the law on the filiations of the children in, or for the jurisdiction of that law to record the documents of those births according to the ad hoc legislation. All of this will affect the extent of the rights of those born from artificial reproductive techniques to enjoy Iraqi citizenship in this scope, which is the focus and scope of the lines of research under consideration.

It is indisputable that damage is the most important element for establishing civil liability (whether contractual or tortuous)، as compensation is estimated by the amount of that damage if it has caused material damage، because the estimation of compensation for it is judged by its elements، which is the loss incurred by the injured and the gain that he missed، as This process does not raise any problems، even within the scope of proof. The person who claims to have been harmed must prove that harm inflicted on him. However، there is another type of harm that comes as a result of pain، grief، and compromising reputation and honour. Multiple problems arise around him، including what is related to the assessment of his compensation if it is not There is a material shortage on the basis of which the damage is estimated because it affects the moral aspect of people، and accordingly، although compensation for moral damage is present in some studies، the idea of assuming that harm is a topic worthy of research، because the assumption means exempting the plaintiff from the burden of proving that harm and thus his entitlement to compensation as soon as the error occurs Whether or not the damage is provable to the contrary.

The multiplicity of laws within a single country when the state is a complex as a result of the multiplicity of regions leads to exacerbate the problem of private international law and it does not end once the applicable law is determined by the rules of attribution. In this case، there is additional impediment، which is the fact that the applicable law of the state is multiple laws - a regional plurality - and this in itself is a problem that is added to the complexities and problems of private international law.There are many solutions that have been proposed in this regard about the mechanism that can be adopted in general in determining which internal laws are competent and applicable to the relationship tainted with a foreign element that led to this internal conflict، The most important of them is the legislative mechanism adopted by most countries، which is authorization، but it is criticized that there are cases that cannot be applied to it. Therefore، judicial and jurisprudential solutions have been proposed in this issue.

If the principle in force within the scope of private international law is the subordination of non-contractual obligations in general and tort liability in particular to the law of the incident giving rise to the obligation، but this law، according to this concept، may not be useful for ruling all the cases and disputes presented، which calls for a search for the law that relates more closely Links to the issue in dispute in order to provide the best solutions to resolve the dispute and thus achieve the purpose of implementing the dispute rule، which is to seek to choose the most appropriate laws to rule the issue in dispute in order to achieve the interest of the injured and the stability of the centers of the litigants.

The progress that has been made in the medical-surgical field has made doctors able to separate conjoined twins despite the difficulty of this medical work because most cases of conjoining twins are complex and intertwined، and this raised many questions and legal problems regarding the civil liability arising from separating conjoined twins and its basisLegal، because this basis is often related to the concept of tortuous or contractual error arising from the failure of the doctor in charge of the separation of his medical obligations towards the twins، which leads to the occurrence of damages that may be material to the body of the twins، such as the damage resulting from the error in allocating the joint organs between the twins by not following a sound medical and legal standard And that's whatIt was not dealt with by Iraqi law and the laws compared to the organization، although it contradicts other medical laws، or moral damage may occur، or both. The matter that deserves the twins subject to separation is compensation for the damage they have suffered. However، there may be cases that mitigate or exempt the doctor from this compensation based on the The receipt of these cases in the general rulesHowever، this statement requires a pause and consideration about the validity of adopting these exempted or extenuating cases with regard to medical work related to the body of conjoined twins. Therefore، research on this responsibility requires a comparison between Iraqi law، French law، and Jordanian law regulating medical responsibility.

Despite the recent advocacy of the idea of development, the follower of the alphabets of Islamic law discovers the basis of this idea about fourteen centuries ago, starting from its texts and general controls mentioned in the Holy Qur’an and the Sunnah of the Prophet from this standpoint, this study comes to shows and investigate the idea of development that Islamic law commands us in the field of environment. In addition to clarifying everything related to the provisions legislated by the Iraqi legislature in the field of environmental protection, which is one of the recent topics in the field of legal studies. The positive result that cannot be overlooked, the issuance of many laws concerned with protecting and preserving the environment which was the most important of them, and induced that, the Iraqi legislator issued Law No. (37) For the year (2008) regarding environmental protection and he also issued Law No. (27) for the year 2009, according to which he clarified how Protecting the environment, on the one hand, and with regard to Islamic legislation, prevented man from spoiling the environment by polluting it or attacking its components, in addition to urging it to the necessity of reconstructing and preserving it. This means that the environment has been taken care of by Islamic law for more than fourteen centuries so it considered protecting the environment one of the duties that were imposed on the taxpayers, which reflects one of the aspects of its legislative miracle

Physical violence is considered one of the modern terms that have become alien to our societies. The Iraqi legislator did not refer to the designation of domestic violence in the Iraqi Personal Status Law No. (188) for the year (1959), but rather used a general and flexible term, which is the act is harmful in the sense of harm directed towards the result of the act and not the means. However, in recent times there are two projects for domestic violence, the first project was submitted by the Presidency of the Republic to the House of Representatives in September 2019 under the name (The Law Against Domestic Violence), and the second was submitted by the Council of Ministers for the year (2020) under the name (Protection). On the level of Islamic jurisprudence, jurists did not differentiate between the category of coercion and the category of Violence. Physical domestic violence is represented by beating, killing, burning and kicking Or slapping, or preaching, or tying. of physical domestic violence that permits a request for the dissolution of the marital bond is limited to the violence emanating from the husband towards the wife, the violence emanating from the wife towards the husband, mutual violence between the spouses, and the violence emanating from one or both spouses towards the children. Disciplining the wife as a result of not observing the order in discipline, starting from the sermon, abandonment in the bed, and the beating is not severe, or for not adhering to the conditions of discipline in terms of the nature and occurrence of what necessitates discipline, the means of discipline and good intentions, or for not observing the conditions for disciplining children.Physical family violence has an effect on the dissolution of the marital bond when the harm resulting from the violence is severe, and if the violence has an effect, marital life cannot continue.

Bank deposit are not modern banking operations، but have been there since the strating of the work of banking actives. Due to the increase in the public's dealing with bank desposit and the large number of banks and the matters caused by them such as the cases of wills or bankruptcy as a result of the failure of their financial position. The Iraq legislator oraganized guaranteeing the bank deposits under regulation no (3) of 2016، by authorizing the establishment of joint stock companies that are specialized in guaranteeing the bank desposit، for the purpose of enhancing public confidence in dealing with banks and opening bank desposits، whether by saving or term desposits، which would contribute to provide sufficint financial liquidity at banks and customer's reassurance that he recovers part of his desposit according to its monetary value even if the bank is exposed to a guarinaship or bankruptcy decision. However، the provisions of the aforementioned system contradict the provisions of the companies law no (21) of 1997 (as amended) in term of determining the capital and compulsory subscription for banks and board of directos، as the law is higher than the system and therefore the legal provisions of the system and those of the law should not contradict each other.

This research contains two aspects of the law, a traditional aspect embodied in the subject of judicial jurisprudence and a modern aspect embodied in the issue of civil liability arising from artificial intelligence techniques, Artificial jurisprudence, in order to address the legislative deficiency of modern developments, with an indication of the methods of treatment, which is taking into account the evolving interpretation of the existing law based on looking at the wisdom of the legislation as well as the judge’s reliance on what his conscience dictates to him and his sense of fairness, and this matter means establishing a new legal base on the That this rule does not violate public order and morals.

The Iraqi legislator does not allow the judge to refrain from considering the dispute brought before him because of the ambiguity of the legislative rule، its absence، or its conflict with other legislative rules. It works to remove the ambiguity surrounding the attribution rule، or to compensate for it in the event of loss، or to resolve its contradiction in the case of existence

This study dealt with the research on a topic that combines the modernity of scientific development and the originality of the general rules in the legislation subject to comparison, to show the extent of their applicability to some aspects of this subject, and to search in aspects to which the general rules do not apply in order to propose legal rules to organize them, and to complete the research in the provisions of stipulation in the interest of the fetus The artificially fertilized fetus presented, in a brief introduction, the concept of stipulation and the concept of this type of embryo, as well as referring to the most important forms of stipulation, which are the embryo-freezing contract, the womb lease contract, and the insurance contract for its benefit, and the conditions that those contracts include in the interest of the artificially fertilized fetus, and this greatly facilitated the search in the legal relations arising from Conditioning, through which the nature of the right arising in the interest of the fetus is shown directly from the contract and his right to claim it on behalf of the guardian. However, some opinions in Islamic jurisprudence went to the fact that the condition does not create a right, but rather a benefit, and the beneficiary does not claim it, but only for the stipulator, in addition to the effects of nullifying the condition or Termination of the contract on the fetus, which may lead to its destruction, and from all of this emerges the need to regulate the provisions of stipulation in the interest of the artificially fertilized fetus in special legal rules.

The application of the injurious act is multiplying and increasing with the expansion of the spheres of life and its activities. Perhaps the most important of these are the injurious acts in the world of modern communications, particularly the Internet, and the attendant diversity in the occurrence of harmful acts, particularly in legal relations of a special international nature because of the increasing volume of relations among the world's States.Therefore, the problem of research arises from the increasing use of the Internet in view of the lack of technical capabilities enjoyed by the Iraqi citizen. as well as the global open environment of the Internet providing a wide global scope for any act or behaviour, Regardless of its size, especially if such acts or actions cause harm to others and contain a foreign element and, therefore, the purpose of the research was to focus on the rules of private international law, in particular the conflict-of-laws rules that determine the law applicable to the issue of damages causing liability, We have put forward proposals to that end and this will therefore be the subject of our consideration.

Due to the huge technological progress that has swept the world today، including the emergence of smart robots that is able to think and innovate in light of the legislative vacuum، whether in Iraq or Egypt، which requires the intervention of legislators to enact legislation compatible with these smart systems. In the light of this came our research، which is entitled the legal protection of the patent for smart robots، adopting the comparative analytical approach to show the extent of the legal protection of the patent reached by the smart robot. In this research، we concluded with a set of recommendations، the most important of which is that smart robots are able to simulate humans، in addition to solving problems quickly without any human intervention، which requires the need to protect its innovations. In addition to how to protect these innovations linked to the recognition of their legal personality. As a result، we reached a set of recommendations، the most important of which is urging the legislator to develop a law that is in line with smart robots because the current traditional rules in the Iraqi and Egyptian legislation are not appropriate to absorb such new technology. Which requires the intervention of legislators to amend the legal texts to accommodate this new birth because it has become inevitable