Journal Of the College of law /Al-Nahrain University

Among the manifestations of the independence and sovereignty of states is that foreign judgment does not have an authority over its national territory and that it is not implemented in any other than the state in whose name it was issued, and this is according to the origin. However, the increase of transactions and relationships between individuals and people belonging to different nationalities and their movement beyond the borders of their countries, and the increase in investments and trade across countries, all these circumstances made the recognition of the effects of foreign judgments within the national territory a matter imposed by the requirements of the development and continuation of economic and social life in the international community. Therefore, many countries tended to stipulate in their national legislations special rules that regulate this recognition. It is legally established that foreign judgments in general, including bankruptcy judgments, cannot be implemented in any country other than the country that issued them, unless the executive formula is given in the manner decided by the requested country to recognize this judgment. However, our research will focus on showing the extent of the possibility of recognizing a foreign bankruptcy ruling with all or some of its effects before it is associated with the executive formula in the territory of a country other than the one that issued it

There are many mechanisms for protecting intellectual property rights. Protection has multiple forms. Some of them are civil, which is prevalent, and some are administrative, and there is temporary protection. Temporary protection is represented by taking a set of temporary and precautionary judicial measures that are practiced by the judiciary of a temporary nature (urgent judiciary or state judiciary). This judiciary will have an important and effective role in protecting intellectual property rights in a temporary manner without prejudice to the origin of the rights and obligations, by requesting the right holder to take any of the urgent and urgent temporary and precautionary measures until the merits of the case are decided, and this is done through the practice of the urgent matters judge, or the orders judge. Petitioners have the authority to issue orders on petitions submitted by interested parties with the aim of obtaining a judicial order for a specific temporary and precautionary measure to confront the attacks that may befall the holders of these rights.
The right holder’s request to take any of the temporary and precautionary measures is considered an effective means that provides temporary, quick and effective protection that the holder of any intellectual property rights can claim, whether before, during or even after the right holder establishes his substantive claim related to the origin of the claimed right and before These procedures shall be of a temporary nature and shall not affect the origin of the right. They shall help the holder of any of these rights prove the incident of infringement on the product of his thoughts and creations. They shall also help him stop the incident of infringement in the future or confine it in order to remove it and seek compensation for him in the event that the right holder suffers any Damage resulting from infringement of any of his rights

Crimes committed by suppliers and advertisers against consumer rights for goods and services are among the crimes that have widely spread globally, primarily due to the evolution of industries leading to competition in supplying goods and services through various means, whether traditional or modern, including electronic methods. Therefore, legislators in various countries have adopted a criminal policy to address supplier and advertiser crimes, based on criminalizing a significant number of actions that pose a threat to consumers. They impose varying penalties on the perpetrators
Since adopting a successful criminal policy to combat supplier and advertiser crimes will lead to securing appropriate protection for consumers, ultimately achieving societal security at various economic and health levels, it is essential to identify the loopholes in consumer protection legislation that hinder the confrontation process. Moreover, finding the best ways to address and rectify these loopholes is crucial.

Constitutional bases in deed ، are legal bases because of it is nature as a lawful bases in spite of the variances between the jurists against this subject .
These bases cannot be able to have all the ability to absorb all the changing may be happen in the future ، because of the changing of the cerium a stances In all fields ، and which oblige the leg is later to do partial modification ، or sometimes total modification ، which mean the canceling of all constitution .
In another mean ، the constitution a bases are capable to be changed or to deactivated ، or till to be canceled all ، because there is no constitution un capable to be changed .
The changing of rules of constitution and it is modification may be come according to the political reasons ، so ، the changing of these circumstances because of any reason ، obliges to change the constitutional texts according to a serious and new events happened ، to prevent default of the constitution bases and to males it to reconcile with the development ، which happened in political reality.
And as the changing of the constitutions in the constitution may be happened to political reasons ، this changing may be happened according to lawful reasons ، because the absolute of unchanging of the constitution is not reconcile with the concept of supremacy of the nation ، which express of it is ability to change the constitution or to modify it ، and at last not to make the constitution to be a heavy burden against the nation ، and will never achieve it is goals .
And to explain the nature and the method to be followed to cancel the constitution in the constitutional system in Iraq ، and the attitude of the Iraqi constitutional legislator to this staple subject ، we begun this study

in exceptional cases, circumstances may occur that would upset the economic balance of the contract, which requires In accordance with the rules of justice, the legislator intervened in order to restore balance to the contractual relationship, by stipulating the theory of emergency circumstances in order to adapt the contract according to the new circumstances. The French legislator was strict about the principle of the contract as pacta sunga, and after his long-term refusal to adopt the theory of emergency circumstances in civil law, today he accepts By adopting it, the French Court of Cassation showed its flexibility regarding the impact of exceptional emergency circumstances on the contract. The steps to achieve this mechanism were left to the parties to the contract through negotiation among themselves to adapt the contract or decide to terminate it when negotiation to adapt it failed, and then they were left with the option of resorting to the authority of the judge in order to adapt or decide the fate of the contract. However, what is blamed on the French legislator is that he did not consider the theory Emergency circumstances of the general system therefore allowed the two parties to seek the assistance of an expert in order to adapt the contract or not to work with the theory when accepting the contractor affected by the emergency circumstances, which may make the inclusion of such a condition common and typical and possible for the creditor to cling to, and thus it is possible to rule out the application of the emergency circumstances theory

Marriages have recently increased and dissolved out of court due to several financial, social, economic and cultural reasons. in addition to armed conflicts and displacement issues, which have adversely affected the prevalence of this phenomenon, Therefore, the Iraqi legislator has established a way to acquire the formal formal marriage and divorce contract by legalizing its registration in the competent court to guarantee the rights of the parties to the marriage. In addition, formality is an easy means of proving marriage and divorce, but failure to follow it leads.

These years are accelerating the tendency of the large use of drones of all kinds، sizes and modern capabilities، against important military targets as well as civilian targets such as airports، ports، train stations، etc.، and the pursuit of many countries to obtain armed drone technology and develop it through artificial intelligence technology to simulate human privacy ، raised many problems and legal questions about the legality of their use and the extent of their compatibility with the rules and principles of international humanitarian law and the frameworks and standards related to the conduct of armed conflicts، and drones have become an effective tool in armed conflicts، due to the superior ability these aircraft offer to change the nature of wars ، and its positive role in fighting terrorist groups and research and scientific fields، as well as playing a negative role in its impact on civilians and civilian objects.

The normal course of matters is that the criminal legislator determines the penalty for each crime. penalties ", provided that such punishment is compatible with what results from the criminal act in terms of its gravity and gravity, This is for the purpose of achieving public and private deterrence, but it is very different in the case of multiple offences, which at first glance seem to give rise to delicate difficulties in the case of one offence committed by one offender, Whether those acts are interrelated with each other in order to achieve one purpose indivisibly, or when each act has

The research aims to explain the concept of oil investment contracts and their proper legal adaptation, and to explain the extent to which they have a commercial character, as they are private law contracts with a commercial character, and the resulting legal effects, and the extent to which Iraqi commercial and oil legislation regulates these contracts, and to remove the conflict between the texts of the legislation in this regard, and to attempt to draw up a regulation. A comprehensive legal framework for these contracts, given the extreme importance that oil investment contracts have because their place is oil wealth, which represents the basic foundation of the Iraqi economy. For the purpose of addressing the subject of the research, it was divided into three demands. The first requirement dealt with the concept of oil investment contracts, while the second requirement dealt with the legal adaptation of investment contracts. While the third requirement dealt with the extent to which these contracts had a commercial character, the research concluded with a number of conclusions, the most prominent of which was considering oil investment contracts within the category of private law contracts, specifically commercial contracts. It also highlighted the conflict between the texts of the relevant Iraqi legislation and suggested what could be proposed with this.

The basic task of the constitutional judiciary is to monitor the constitutionality of the legal legislation regulating the lives, rights and freedoms of individuals, and the jurisdiction of judicial oversight is generally manifested in scrutinizing the explicit legislative texts with which the legislator addresses the regulation of an issue and indicating the extent to which those legislative texts are compatible or not with the constitution. However, the ordinary legislator These legislations may be formulated in an incomplete way, as those legal legislations were and still are riddled with shortcomings and deficiencies, and they may not keep pace with all the facts of life, because the legislative authority, as we know, is composed of natural persons, and the issue of deficiency in legislation is very likely despite the legislator’s attempt from time to time to try to fill it. The deficiency is caused by amending or abolishing laws. However, the problem of deficiency remains. In this case, the constitutional judge cannot invoke the absence of a legislative text to treat certain new cases. Rather, he must follow specific means in order to fill and address the legislative deficiency and avoid it, provided that the constitutional judge intervenes. In addressing the legislative deficiency, this would affect the discretionary authority of the legislator because he fills the deficiency from outside legislation and other sources of law. He also tries to adapt his provisions to be consistent with the legal system. Therefore, this role played by the constitutional judiciary must be done with great caution so as not to accuse the constitutional judiciary. By interfering in the work of the legislative authority, and that the constitutional judge, in order to carry out this task, must rely on means and supports in order to address that deficiency in a way that is consistent with the will of the ordinary legislator and in a way that achieves the desired interest from legislating laws.

The ruling announced by the criminal judge in the case may express an accurate knowledge of the facts and the law. It may also express incomplete or exaggerated knowledge. The matter is subject to the extent of the criminal judge’s experience and ability. Legal jurisprudence in establishing the rules of positive laws in a way that is consistent with general principles remains relative because it is established. According to human concepts، the evidence is the Almighty’s saying ((And how can they judge you when they have the Torah، in which is the judgment of God)) verse 96. Likewise، the criminal rulings، which، even if they aim to convict and punish the convicts and acquit and protect the innocent، this does not prevent the possibility of them being tainted by error or shortcomings. And the extent of his legal information and his judicial sense. Therefore، the judicial authority is considered one of the most important authorities on which the modern state is based، and since this authority is entrusted within the framework of its function with exercising the judicial process، its basic role is to decide disputes and disputes between members of society، and to give each person his right. Therefore، the criminal justice system is considered one of the most important social control institutions to prevent crime and deter perpetrators. Within the framework of this system، the criminal law aims to ensure the fair application of the penal law، guarantee the personal freedom of the accused، ensure compensation to the victim، and preserve his rights. Therefore، it is the duty of the judiciary to issue the criminal judgment in accordance with the legislative texts.

Violating the sanctity of a home is considered one of the crimes that affect a person’s privacy, as it undermines his honor, prestige, and reputation, in addition to the material damage that results from it. Therefore, in the event that the elements of civil liability are proven, such as error, damage, and a causal relationship, appropriate compensation is imposed on the offender, which may be financial compensation or Moral or in kind, which is the best type because it returns the injured person to the state he was in before the damage occurred, and this is subject to the discretion of the court to decide according to the facts and circumstances of the case.

Through our handling of the assumptions of the state of necessity، we found that not every risk is suitable for the state of necessity، it must be available certain conditions، including its gravity and the difficulty of repairing its effects without paying great sacrifices، and we have shown that the subject of the gravity of the danger is determined by objective criteria due to the discretion of the Court of First Instance، and it has appeared on the danger As a condition for the state of necessity، two directions، the first represented by the Iraqi Penal Code، Lebanese، Syrian، Jordanian، Kuwaiti، United Arab Emirates and the Sultanate of Oman، the second direction represented by the Bahrain Penal Code، and the fact that the danger is imminent Arab laws differed in it، including a provision for it as the Jordanian and Kuwaiti Penal Code، the Sultanate of Oman، Syrian، Lebanese and Libyan-Iraqi، while we found the United Arab Emirates Penal Code، used the phrase «about to occur» and we find that he has intended this sentence to harm itself and not the danger that suggests. with the probability of damage With regard to the danger that has nothing to do with the will of the actor، and in any case، the fact that the actor is unable to face the danger by a means other than the crime indicates the need for proportionality between the danger and the act committed to ward it off، which is up to the discretion of the trial judge in light of the circumstances of reality and the situation of the actor and relying on the objective criterion in order to reach a solution that does not oppose the logic of life and conflicting interests

The general nature of every trade is to make a profit, and any trade is not prohibited by divine religions or man-made legislation. However, some trade falls outside the framework of permissibility, and beyond what is customary for such trade, it is considered acts that are contrary to business or humanitarian considerations, and it also falls outside the framework of permissible permissibility. It is used to achieve profit, so it has become necessary to criminalize this trade, especially the disposal of human organs, as they are carriers of hereditary genes and human characteristics, in determining genetic genes, controlling them and determining their genetic lineage, despite some legal jurisprudence that has given the right to freely dispose of them. Giveaway organs. This has a positive side, but under the conditions of saving a person’s life, which are represented by total disability, with the consent and approval of the person who is donating without compensation, and that it is not contrary to the system and public morals. However, some have worked to criminalize this trade and prohibit working in it, and even work to punish anyone who practices this trade, as a law. The Iraqi Organ Transplantation Act of 1989, as well as the fight against trafficking in human organs of 2016, as well as the Egyptian Law on the Transfer and Transplantation of Human Organs No. (5) of 2020, which included the mechanisms of donation without compensation, as every person who violated the disposition of human organs was considered to be punished by imprisonment according to the laws Position.

The banking sector in Iraq has witnessed mergers of banks in order to reduce the losses that they may incur , and some banks may suffer from a weakness in the capital they own and thus their inability to reach the required limit of required capital determined by the legislation in force in countries , including Iraq . This is not limited to the capital only , but weakness may occur in the internal administrative aspects of banks , such as management and human staff . In order to eliminate these matters that reduce the importance of banks and thus lose the confidence of the citizen and the state in them , legislation has permitted resorting to the banking mergers of banks . This merger will have a significant impact on many matters and issues , the most important of which is related to the rental of iron safes , which is the core of our topic

The woman in Islam received great attention and recommended God Almighty and His Holy Messenger, and she has an independent entity, especially with regard to the issue of her access to inheritance. Islam did not marginalize her role, but in cases it gave her half of the inheritance, cases equal to men, and cases that have a third of the money, thus exceeding the share of the man of the inheritance .