Journal of Kufa legal and political science

The most important objective of civil liability is to compensate the victim of damages caused to him by third parties, whether the third person , human or animal , the most accepted and comprehensive division of the majority of jurists who have followed it in dividing civil liability is that it is divided into two responsibilities: contractual (or contractual) liability and tort liability , stochastic liability is a responsibility whose source is the \"contract\", while tort liability is: responsibility arising from the \"law\", civil liability has evolved in general, and tort liability in particular, and this is due to the increasing manifestations of activity on the one hand; and changes in economic conditions on the other, and the human effort itself is not enough to achieve its purposes, it must use the activity of others, and may be caused to other damage arising from an act initiated or issued under his supervision, if a person commits a harmful act that causes harm to another, the injured person has the right to claim compensation for the damage caused by this unlawful act, the basic principle is that a person is only asked about his actions and what he commits is mistakes, he can not bear the consequences of other acts , and all this in accordance with the provisions of the rules of responsibility, and according to the provisions of Islamic law to bear the human damage caused by himself, which we see in the provisions of Islamic law has laid down basic rules in the extent of human suffering of the damage that is caused by, based on what the verse indicates , Al-Fatir, verse 18 , and many other verses in the abode , for certain considerations, the laws, together with this type of responsibility - and an exception to the original - have established human responsibility for the work of others, the reason for this is to protect the victim by making it easier for him to obtain compensation, since the person responsible for the work of others is often more left-handed than the torturer, and the injured is the weak side, this responsibility is subject to two types of provisions: the responsibility of the supervisors of those under its care and the responsibility of the person responsible for the acts of the subordinate.
Therefore , the responsibility of those who follow the actions of the subordinate - an exception to the original - is necessitated by the necessity of modern civic life, and for the purpose of reparation, the most often asked is the follower; because it is often more left than the subordinate , due to its importance, which has been expanded due to economic and industrial development, the question may be asked on the basis of such a responsibility; the jurists differed as to the nature of this responsibility, is it personal responsibility directly or is it not personal ? according to this difference emerged a set of theories called for the theory of a group of jurists to take as a basis for the responsibility of the follower, but the problem is not what has been mentioned; it is in the determination of the rules for the liability of the defendant for the acts of his subordinate, which obligates the defendant to compel the damage caused by his subordinate to third parties by claiming compensation for others because he is responsible for his follower, it is up to us to clarify the question that we shed light on the most modern legal theories accepted as a basis for the responsibility of the followers of the work of the follower in the present time, and the safest application in Islamic jurisprudence as a responsibility for the work of others, and the most reassuring to protect the injured from the harm of others and left to receive compensation from the stronger side, which is at the expense of the weaker side is the subordinate, with the guarantee of the return of the follower on the follower, including within it; in accordance with this principle - the guarantee - .
Accordingly, we prefer to divide this study into three chapters preceded by an introduction, followed by a conclusion that includes our findings and proposals.

The obligation to inform is one of the important legal mechanisms that were established to protect the weak party in the contractual relationship, which works to enlighten the consumer\'s will and make it free from defects.

It is worth noting that the basis for the emergence of the obligation to inform in the insurance contract and in other contracts is the disparity in knowledge and awareness between the two parties to the contract about the subject of the contract, especially between professionals such as insurance companies on the one hand and insured consumers on the other. Therefore, these companies must inform the ignorant party of the subject of the contract. This obligation arises from the nature of the concluded contract or because of what is dictated by the principle of good faith that imposes proper dealing.
We also find the insurer obligation to inform the Iraqi legislator by resorting to the general rules in civil law that stipulate this obligation, such as the rules of the contract of sale or the consumer rules that have become a general theory for all contracts. Although the insurance contract is a contract of adhesion, it is at the same time a consumer contract according to the prevailing opinion in jurisprudence. Therefore, the obligation to inform is obligatory on both parties to the insurance contract as a result of; Due to the other party\'s ignorance of this information, which has a role and impact on the satisfaction of the contracting party, when the justification is due to the impossibility of his knowledge of the data, these general rules lack effective solutions when the obligation in the insurance contract is breached. In addition to the fact that the insurance contract is considered one of the contracts of the utmost good faith, which is based on cooperation between the two parties to the contract, represented by the obligation to inform the insured of the data related to the risk subject to the contract,

The present century has seen remarkable increase number of international and non-international armed conflicts, accompanied by a clear external support has led to serious violations of international humanitarian law, although international community attempted over decades to determine the General principles of international responsibility, it did not amount to the extent that he arguably incomplete and unclear link between Dole supported armed groups and the resulting gross violations.
International Court of Justice has been on several occasions to the subject, especially in military and paramilitary activities in and against Nicaragua, 1986 and the issue of genocide in Bosnia in 2007, but each case diligently and separate opinion based on the criterion of effective control.
The relationship remained unclear in the international responsibility arising from supporting armed groups, is accused of committing serious violations of international humanitarian law, as indeed proved two things, the first steady increase of non-international armed conflicts, the second with the increasing support received by the parties to this dispute in the glare of the international community, without concrete action to stand up to this international problem and humanity.
The harsh realities of the world today in the shadow of armed conflicts raging as in Libya, Syria and Iraq and led by non-State armed groups, leads us to search for the position of general international law the responsibility of supporting these groups and submitted to justice, especially international issues threw Western spittle to professionals in public international law, already mentioned above, only to return again to highlight the latest contemporary issues that stand on a central point in our study, is how to prove the relationship Among the armed groups and supportive countries.
Problematic study
Looking for answers to study specific problems: if it was easy to prove the responsibility of military commanders return to their nationality to a predetermined State, this is not so for those who commit serious violations at the same time do not qualify as dependents of a State.
And problems that are going to look, how international law subject, are the responsibility of the State for the project contributed to the mistakes of 2001, bridging the gap that characterized public international law, in other words are filling the legal vacuum that young people organize international responsibility for more than four decades ago?
Why the international community about the adoption of an International Convention governing the responsibility of States to support armed groups committed serious violations? No chapter on liability and dispersed, isn't responsible States depending on the responsibility of armed groups committed serious violations and vice versa?
What is the standard of effective control, how it originated and what components it?
And finally you can help standard of effective control in proving responsibility of States supporting armed and loaded the consequences of violations committed against civilians in parts of the world in General and in Libya, Syria and Iraq.

Iraq experienced its first constitutional experience under the Ottoman Empire, which culminated in the issuance of the Ottoman Basic Law (the Constitution) in 1876 AD, the beginning of the reign of Sultan Abdul Hamid II. This constitutional document was drawn up according to the modern foundations and concepts of constitutions. It included some principles related to freedoms and equality called for by the French Revolution in 1789. Iraqis learned about constitutional life according to the modern foundations and concepts of post-French Revolution constitutions. Therefore, it can be said that constitutional life was not new to Iraqis when the modern Iraqi state was established in 1789.

conviction is an exception comes to the judge that the origin in the things is allowance.The reasons of allowance in the punishment law are exception to the conviction. Therefore the role of reasons of allowance is giving out the action from the area of conviction, and taking off the illicit trait from it to bring it to its origin. So if the action became out of limited conduct for that allowance, this would be overtaking, and took the image of a real crime. It is no longer has the character of allowance since overtaking represents a violence for this allowance

The Arab Spring Revolutions and the spread of extremism in the Middle East led to emergence of dictatorships that aim to maintain its countries stability and preventing political change. The spread of violence appear as a result of political, social or religious causes, it’s an old phenomena that increased because of simulation and imitation, however its transformation to other countries lead to increase the violations.
The Arab Spring Revolutions supposed to form a democratic transformation that has the ability to transfer exercise of power from dictator regimes to democratic ones; however, the challenges that face democratic transformation has affected the stability in The Region and increased the internal conflicts moreover it has speared to other countries. So as a result, the Arab spring countries became a source of threat and violence.
Key words:-Violence- Arab Spring Revolutions –Arab violence –causes of violence

The right to transfer the mother's nationality to children has passed several stages. Some legislations have begun to have a negative effect on this right by not giving them any role in transferring nationality. Others have begun to grant the mother this right. In certain cases, however, However, the development in the area of women's rights, especially the prevalence of the principle of equality with men in the global declarations and international conventions and national constitutions on the part of the emergence of many practical problems due to the implementation of the traditional principle in the transfer of maternal nationality on the other , Led to the adoption of GA Under the legislation of the principle of equality between the father and mother in the transfer of nationality, including the legislation of Iraq, Egypt and France, and despite the pioneering step adopted by the legislator in these countries, which led to the solution of many of the problems suffered by the children of the mother in the mother country, but the launch that overshadowed the principle developed The latter caused a number of problems, the most important of which are the multiplicity of nationality and the granting of the nationality of the State without regard to the fact of the association between the parties to the nationality and thus the loss of the latter to the international recognition of the state's non-observance of the principle of realism when granting citizenship as an ideal principle in nationality leads to the elimination of the effects T negative to the principle of absolute equality in the transfer of nationality.

The present paper deals with the nature of political parties in a parliamentary system and the role of the political parties in regulating and activating the legislative function for the parliament, additionally to the problem of coordination between political activities and social activities for the party as a part of the society. with the role that should the political party play in forming internal parliamentary agencies, as parliamentary committees, permanent or temporal, in addition, this research extends to explain some of the international experiences for legal regulation in the role of the political party in the parliamentary life

Passed the contract group theory stages consecutive period of development and modernization, since the first inception until the present day, as it differed Fiqh about these modern legal idea, specifically French Fiqh has provoked heated debate among Osath and among Arab jurisprudence, and mixed them positions, resulting in a variation the elimination of the position as well, who seemed reluctant to apply them to what is being offered by the disputes relating to a group of contracts that are related to an objective of the Association is an association of shop units or common economic purpose. The detailed study and comparison of the subject in this research is a serious attempt to answer these questions.

Some websites provide a medical consulting in a virtual world where information accumulate random dominated ,which may be detrimental to the recipients of the consultation, This case imposes us to look for a safe ways to obtain the medical consulting, Electronic medical consultation contract is merely a modern method of telemedicine instead of the traditional method, therefor it do the same functions that regular medical consulting do, Which is specific question by the Internet browser to a specializing site is mission to assist in the diagnosis and provide medical consulting for treatment or direct a patient to health facilities that provide appropriate treatment, or when you need to get a professional opinion , compared to the fees specified in the site and pay by electronic methods, the valid contract follows with legal effects include a set of obligations which the medical consultant bears the most of these obligations as he is the stronger party in the relationship, and any breach of these obligations raises legal problems and consequences of the civil responsibility whether in tort or contractual.

The legislative texts were found by human beings to regulate their social, political, economic and other aspects of the relations and transactions to organize their lives, theses texes are naturally exposed to errors or deficiencies and may be ambiguous whether that ambiguity or meaning, and then appear the need to be interpreted them.
Since the interpretation of the legislative texts in Iraq has witnessed multiple stages from the 1925 constitution until the influential constitution of 2005, which provided for the formation of a supreme federal court and explicitly its competence to interpret the constitutional texts. It also provided for the formation of a State Council and its competencies in administrative justice, In this case, a statement of interpretative jurisdiction for each of these parties, because the competent authorities to interpret the legislation vary according to the legal system of each country, and the body that is interpreting the constitutional texts may not be the same body that is competent to interpret the legal texts.
In this study, the competence of the Federal Supreme Court and the Council of State to interpret the legislation and the legal value of the interpretation issued by both parties and the right to ask for interpretation was clarified, especially in light of the absence of the effective 2005 Constitution and the law of the Federal Supreme Court.

The main purpose of law is to regulate the behavior of individuals in society by setting restrictions and limitations that must be adhered to, which requires everyone to be aware of them. It is unfair to hold a person accountable for an act that he does not know whether it is permissible or forbidden, and it is also illogical to adhere to a law that he does not know. If the law is to be a factor in building and advancing society, it should not remain mere principles and ideals. The law has no escape from confronting the struggle of life and its reality, so it must be linked to political and social thought. Disseminating the law and bringing it to the knowledge of those addressed by it is the most successful means for them to adhere to it. God Almighty has commanded the dissemination of the teachings of heaven and the rules of divine law to all people through the prophets, messengers, and righteous saints of God so that everyone is aware of them, as knowledge of the texts of legislation and laws is not limited to men of law (judges and lawyers), but rather it is the duty of every individual in a society governed by law.

The study aimed to identify the brand and its impact on consumer impressions and purchasing decision-making using the descriptive analytical method, where the study community consisted of customers of a number of well-known stores in Jordan. Information was collected by a questionnaire developed for this purpose in a random manner, and the statistical package for the human sciences (SPSS) was used to analyze the data. The study also relied on other statistical applications, including: arithmetic means and standard deviations. (85) questionnaires out of (100) were analyzed, where (15) were excluded as unsuitable for analysis. The study concluded with a set of results, the most important of which are: There is a statistically significant effect of the brand characteristics on consumer impressions and consumer purchasing decision-making. There is a statistically significant effect of the brand drawing on consumer impressions and consumer purchasing decision-making. There is also a statistically significant effect of the brand symbol on consumer impressions and consumer purchasing decision-making. The study also recommended a set of recommendations, the most important of which are: All companies should pay greater attention to the subject of the brand and its factors The driving force behind their purchasing behavior, especially in the targeted market sector for each company, until the needs and desires of consumers are fully satisfied and so that companies can achieve spread, effectiveness and success. Advertising companies must also ensure complete credibility in their advertisements and avoid misleading and deceiving consumers. Keywords: Brand. Purchasing decision

The constitutional right is one of the legal issues that must be studied and informed. The constitution is a constitution, and a number of constitutions are in the form of a section or a right that is exercised by the practitioners of power when they take power under the name of the constitutional oath to achieve the desired purpose of the constitution and protect it from the abuse of power. And impartiality away from patronage and nepotism and the public interest at the expense of the private interest and the question arises here What if the person in charge? The evidence confirms that many of those who took power indulged in the lusts of the government and insulted the right that they said and believe them to say the Hanathis to their right, the ruler is human beings like us and are not like gods, they make mistakes and are injured and subject to the law, and in order to reach a clear answer We divided this research into two requirements, the first of which deals with the constitutional oath, and the second is the constitutional oath, which will be discussed in turn.

The change of 0049raq that took place after 2003, especially when the previous government have already fallen down, and the political system converted from dictatorial into democratic one. Shifting the regimes can be completed by a suitable election . That election , systematically depends on the partier appeared in order to complete with each other .
The electoral system they depended on a vivid role in accepting the different parties which enables them to grow up, and gain the power that changes the society. And also such system specifies the kinds of the members of legislative branch . and the political parties which may act as a representative framework . And this electoral system specifies whether the political parties are the first influential on the legislative brunch. Or the influence can be found among scattered groups of members who can not be gathered.
The pluralism of Parties fits the principles of Democracy , because it allows gives the right for those who want to show their opinions , ideas and also to defend their religions legally . The reason behind increasing the Parties is that a part can form a new other part or more than one . the cause of forming new Parties is the acceptance among Parties and the variation of religions , societies and the nations. The nation which is accepted that the electoral system and the effects of that systems.
There is a notion which was accepted that the experts of constitution law are still interested in working on such systems, and even the political experts play a role among institutions of the nation . that makes the study of electoral systems and their affects responds to the needs which are represented by the balance between the requests of the politicians and the requests of the political stability.
All the different changes of the electoral systems and the effects of the Iraqi Parties , and it is possible to inquire how far such system change the power of the political Parties in Iraq ? And are such systems work with pluralism of Parties as well?
The previous questions and all the others are going to be our study depending on the descriptive analysis. We will describe the electoral systems accurately and how such system may affect or change the political Parties . That process can be doing by collecting samples from the outcome of the election and then analyzing them objectively. To show the elements that control the electoral election.
This study reveals the relation between the meaningful association system in Iraq. by showing how the electoral system controls the representation of the election. This study show a number of notices ; the electoral system should be edited , and avoid the partial representation which lead to miss some important votes in the parliament by those who had the large number of seats . And process of incompatibility which has been reflected by legislative and executive branch, that process may form splits among the Parties , and the absence of the political oppositions, and also it gives the part representation when there a weak governments are existed. because there is no real winner with the political majority in the parliament.