Journal of Kufa legal and political science

Recent years have witnessed a growing interest in balancing the interests of the buyer and the seller in a contract of sale as “a backbone of international trade in all countries” along with an awakening as to the depth of the impact of protective laws in national legal systems. The evolution of new legal concepts, subsequent to the recent developments, has led to an increased importance in working on their modernization in accordance with international standards.
This study emphasizes the importance of the role of the United Nations Convention on Contracts for the International Sale of Goods CISG in providing “a modern, uniform and fair regime for contracts for the international sale of goods” especially within the context of international protection for international sales.
Out of the 86 States Parties to this Convention, only (6) Arab countries have ratified the CSIG; Bahrain 1/10/2014, Syria 01/01/1988, Iraq 1/4/1991, Lebanon 1/12/2009, Egypt 01/01/1988, and Mauritania 01/09/2000. Other Arab countries should consider ratifying this treaty as a tool to integrate the international principles of the CISG into their national legal systems.
In particular, this study will call upon the state of Qatar to join the United Nations Convention on Contracts for the International Sale of Goods (CISG) and modernize its legal system of sale contracts based on these international standards especially in light of Qatar National Vision 2030 and the serious efforts made for the economic development of the state.

Undoubtedly, in order to effectively fulfill its duty to protect the principle of legality, ensure respect for the rights and freedoms of individuals and provide greater guarantees of the right to litigation, the administrative judiciary must enjoy independence and impartiality vis-à-vis other state authorities. A judicial system capable of restoring rights to its owners, and the judge, in order to settle the dispute according to the law, must be impartial to a person or entity, impartial of any personal passion or influence, as well as standing at the same distance from the parties to the case to ensure that the balance of justice is maintained equally.
Exposure to this subject raised many questions that we answered, including the principle of the impartiality of the administrative judge and distinguishing it from other principles related to the judicial function, such as the principles of impartiality and independence, and the basis of this principle in comparative legislation.

Most of the procedural legislations gave the victim a grea and distinguished role to play by restricting the penal suit of certain crime that harm only the victim, and occur within the frame of the family (relation) to the victim himself or who represents him legally so as to maintain his dignity and reputation At the same time, these laws, including the Iraqis, which defined these crimes in Article No.3 of the penal procedures Act, gave him the opportunity to end the suit he had instituted, Iraqi penal Act referred to pardon the criminal in its Article No.150. where the victim forgiveness for the criminal results in dropping the original punishment in addition to the consequent, complementary and the precautionary measures, and the conclusive stop of the claim.

Constitutional recognition of the rights of the components in a country with multiple ethnic, religious, and sectarian terms is not sufficient to guarantee the rights of all components in it, if there is no constitutional jurisdiction that is a watchdog on the legislative authority that translates the constitutional texts into ordinary legislation in the light of those texts, so that these components can enjoy the practice Their rights and freedoms established for them in the constitution, and that the Iraqi constitution of 2005 approved a number of political, administrative, religious and linguistic rights for the Iraqi components, as well as the constitution establishing the establishment of a Federal Supreme Court with one of its specializations overseeing the constitutionality of laws. In the context of exercising this jurisdiction, the court was able to protect the rights established in the constitution for all components of the Iraqi people.

The President of the Republic is the first party in the executive authority and one of the most important functions that he exercises is the designation of the Prime Minister who will form the government, as the latter is the true head of government and the coordinating worker for the work of the executive authority in the Iraqi parliamentary system, and this system preserves the President of the Republic the right to name the Prime Minister except His right to nomination is not absolute, but rather is bound to the nomination of the most numerous parliamentary bloc candidate to form the government. The Iraqi constitution of 2005 was keen to tackle the issue of naming the prime minister, as the constitution restricted the president to assigning the largest number of parliamentary bloc candidates, and this restriction, even if it is in line with the increasing democratic trend, but it sparked controversy and a great difference about its interpretation at the legal and political levels.

Judicial procedures sometimes have procedural flaws that render those procedures inconsistent with the legally prescribed model. This means that the structure of the proceedings is flawed and ultimately makes them null and void.
In order to stay away from this equation, and the consequences of this, has been the most procedural legislation on the search for means aimed at saving the right procedures from the ugliness of invalidity, lest be referred to the first square in the litigation process and the liquidation of this hypothesis wasted effort and expenses, was clearance in addition One of those tools that can be used to achieve those goals.

This research paper focuses on presenting the most important provisions of the methods of resolving conflict between laws. If the traditional rules of support are still prevalent in resolving conflicts between competing laws and access to the law concerned with conflict through an indirect, neutral method, meaning that the conflicting parties do not yet know which of the competing laws is The specialist in resolving the conflict only after consulting the base of support that works on that identification based on the presence of auxiliary means such as nationality or domicile, then the determination of the nationality law or the home country and with reference to that law concerned begins a new phase in focusing the relationship with the precise legal branch from within the relevant law so that the dispute of the parties is resolved according to And this indirect method in determining the relevant law did not prevent the emergence of a method for a direct approach taken by the rules of direct attribution and approaching the rules of civil police. The latter rules work according to a direct method in determining the law that should be applied directly, it is a method that to some extent prevents the stage of conflict because the parties know and once The dispute between them and presenting it to the judiciary is that the Iraqi law is the one concerned or any other, such as adapting legal relations, so the Iraqi law is a matter H directly in his competence to adapt legal relationships or determine their nature if requested to do so directly and non-competently.
And close to the direct method of attribution rules with direct application, there are objective rules that were produced by private international commercial transactions that operate according to the direct formula method in determining the applicable law, but it jumped further than that, as it works directly to resolve the parties ’dispute directly and not only does it resolve conflict between laws.

The crime of unlawfully seizing civil aircraft has become today one of the most serious threats to the security of all societies, as this crime has been increasing steadily over the past few years due to the increasing demand to use the plane as the most rapid and safe method compared to other means and this is what made it vulnerable For the most heinous crimes against it, the motives for committing this crime are varied, as the purpose of committing it may be terrorist, political, economic, etc., and the grave threat to the occurrence of these civil aviation facilities and the consequent killing of a large number of civilians To isolate, moreover, the results that reflected negatively on the growth of the economic sector.

Statute of limitations has both substantive and procedural implications, and the subject of our research focuses on the second and the procedural side, since judicial procedures and in all legal systems are the engine to claim the rights arising from the substantive aspects, whether in the civil or penal side, and accordingly, the statute of limitations of great importance by Based on the legislation of international conventions, therefore, we see with a simple find that the international conventions abounding to show the impact of the statute of limitations on the procedural aspects and different stages.
Accordingly, we will study this issue due to its theoretical importance of preparing and drafting a study that will undertake the follow-up of legislative and jurisprudential developments of adopting this topic, as well as practical or practical aspects, to know the points identified by the application and to draw conclusions and proposals that can be adopted from international jurisprudence in international cases. Which included statute of limitations

The general body of a joint-stock company is considered the backbone of this company, because it consists of a group of shareholders, whose ownership of the company’s capital varies among them, and a board of directors is elected among them to manage the joint-stock company, which carries out its duties by actually managing the company in accordance with the powers granted to it by the Iraqi legislator pursuant to the Iraqi Companies Law No. (21) of 1997 (amended), and the same is the case with the Egyptian legislator pursuant to the Egyptian Companies Law No. (159) of 1981 (amended) and its executive regulations. As for the powers of critical importance to the interest and fate of the company, they are the responsibility of the general body of the company, in other words, the two aforementioned laws have both assigned the authority to the general body in the joint-stock company to manage this company indirectly, according to powers related to the administrative structure of the company, such as forming its board of directors and appointing an auditor for it, and powers related to the financial aspect, such as issuing shares and bonds, forming reserves in the company, distributing profits, and the expiration and liquidation of the company, in accordance with the provisions stipulated in the two aforementioned laws, to grant the authority to the general body of the joint-stock company to manage the joint-stock company indirectly. This requires studying the aspects of this authority for the purpose of achieving a balance between the management of the joint-stock company by its board of directors and its general body, and in a way that protects the minority of shareholders from the aspects of the authority assigned to the general body to manage the joint-stock company.

The administration uses legal, human and material means to achieve its various activities. The administrative contract is considered one of these means, which is achieved by the exchange of two wills in which the administration uses the privileges of public authority. The importance of administrative contracts in contemporary countries is highlighted by the fact that they constitute the only consensual means for the administration to deal with individuals, companies and foreign countries if it wants to adhere to the principles of the free economy and free trade and encourage national and foreign investment in its projects.

The administrative authorities of each State shall enter into several contracts in the ordinary circumstances of that country for the operation of its public facilities or for the establishment of structural projects and in accordance with terms and conditions that are compatible with such circumstances. To implement the dusty obligations on the contract and make its implementation burdensome to the contractor with the state is not impossible. Perhaps the emergency circumstances experienced by Iraq in 2014 is the best proof of that.