Journal of Kufa legal and political science

In order to protect their contract and to ensure the continuity of implementation, the Parties shall adopt the automatic amendment of the contract as a special method based on the idea of establishing the basis of reference as evidence of the actual value of the obligation in preparation for the adaptation of the obligations Nodal and modified to maintain the bond without prejudice to the binding force of the contract, And that addressing the imbalance in the nodal will be through activating the role of these foundations to deal with the adverse effects of any crisis facing the implementation process without the need for a new compromise, as the parties have prepared a solution in advance and chose the basis to be invoked which the parties to the contract should be careful when chosen, The automatic amendment is not effective and achieves its goal of continuity in implementation unless the parties improve the organization of this amendment, especially the basis adopted. Otherwise, the agreement is not feasible, especially since the most likely view is that the judiciary can not intervene to replace the illegal basis with another L Lack of text can be eliminated from it.

Each legal organization has legal principles. These principles cannot be respected without being accompanied by a sound system to implement them and ensure their implementation in an integrated manner that reflects the purpose of their existence. In the course of our study, several questions arise: What are the mechanisms to ensure the application of preventive diplomacy? Does it contribute to the stability of the international community and, in particular, to addressing the situations that could develop into international and non-international armed conflicts?
To answer these questions, it is necessary to identify the mechanisms to implement preventive diplomacy in terms of maintaining balance in international relations.
The stage of exacerbation of the conflict prior to the outbreak of the conflict and its arrival in the stage of direct armed conflict is a very advanced stage in the crises of the international relationship. Therefore, the stage leading up to the outbreak of conflict is a state of compromise that absorbs various diplomatic aspects. What are the legal mechanisms that ensure the application of preventive diplomacy at a pre-conflict stage?
In accordance with this legal framework, mechanisms for preventive diplomacy must be sought to avoid the devastating effects of any international armed conflict.

Since the middle of the twentieth century, the world has witnessed a new revolution called the information revolution, which was associated with the spread of computer technology. The emergence of computers was the main reason for the great development of information technology and the Internet. These developments contributed to a civilizational and qualitative leap in the lives of individuals and countries. These modern means have become the lifeblood of life and are relied upon in all public and private institutions in the country. When they are disrupted, vital activities are disrupted. However, this bright side of the information age does not negate the negative repercussions produced by this technology, represented by the misuse of information systems and their illegal exploitation, as this tremendous development has led to the emergence of new types of crimes called electronic crimes, computer crimes, or information crimes. These new crimes affect the private lives of individuals by violating the secret repository in their lives, in addition to threatening countries in their national, political, economic and social security, which rings the alarm bell to alert the societies of the present age to the extent of the risks and the enormity of the losses resulting from them, as they target the attack on data with its broad technical significance. In addition, cybercrime targets a place of a distinct nature, and we mean by that the logical components of the computer (data, programs and information). The search in cybercrime is essentially digging into the secret container with the aim of seizing what is useful from the secrets in revealing the truth, as its essence is to uncover the secrecy of what computer systems contain of secrets, mysteries and criminal intentions, and thus remove the veil of secrecy from them to benefit from them in reaching the truth.

Tracking evidence of a crime and searching for its perpetrators requires restricting the individual's freedom to the extent necessary to reach the truth. The penal system requires restricting the individual's freedom through criminalization and punishment. Criminalization affects the individual's freedom to engage in certain types of behavior because it subjects him to certain social controls. In addition to punishment, it also affects the individual's personal freedom. The law is what regulates the use of personal freedom, and at the same time provides guarantees that are useless unless there is a specialized body that has full knowledge of understanding the spirit of the law and its purpose, and enjoys certain characteristics that enable that body to guarantee the provision of protection for these guarantees, which can only be available in the judicial authority. This authority fulfills its duty to respect these freedoms and ensures that their guarantees are observed, in a way that ensures the transfer of criminal procedural legitimacy from the theoretical perspective to the practical field. The violation of freedom is not limited to the penal system alone, but also extends to the criminal procedural system through the criminal litigation procedures that the state undertakes after the crime occurs, in order to uncover the truth, or procedures Penal enforcement after the state’s authority to punish has been established, and for fear of arbitrariness in carrying out these procedures and exceeding them to the extent necessary to defend society, guarantees must be provided to the individual to protect his freedom from the risk of control and exceeding authority.

Residential projects fall under the category of the most important and pressing projects in the life of the Iraqi individual, due to their impact in addressing the housing crisis, by creating a suitable investment environment that is compatible with the structure of demand for housing units. This environment is broken down into several essential elements represented by the allocated land that is free from legal consequences for the investor who has obtained an investment license from the competent authority to establish his housing project on it, in addition to reducing the bureaucratic loops that hinder the project and the investor in turn, which requires the establishment of a general housing policy that accommodates the problems of the housing reality and aims to reduce the housing deficit gap by establishing residential complexes characterized by urban and functional efficiency, in addition to the availability of flexibility in the dealings of government agencies with investors and non-governmental sectors regardless of their nationality in terms of the ability to own the project or the land on which the project is located. This reform comes from a clear, detailed and applicable legal structure to reality, to form a pyramid from which researchers and those interested in the subject start to the rest of its joints in the desire to reach a solution to the crisis and attract investors to the Iraqi market. Accordingly, we will dedicate the research to three sections in which we will briefly discuss, without prejudice, what the reader should know in the field of housing investment, according to the scientific hierarchy as follows:

The responsibility of the State for the work of the Administration in the area of compensation for damages to individuals, which may arise on the basis of a management error and sometimes is based on error, is, in accordance with its responsibility for fault-based administration, to be realized only if there are three pillars. The management has exceeded the principle of legality through it, the second occurrence of damage, and third that the damage occurred as a result of the wrong management act, ie the existence of causal relationship between them, The State may be held liable for the non-faultless management of the administration, responsibility for the legitimate acts of the administration, in which responsibility for the adverse act of management and injury is required and the occurrence of the damage is the result of the legitimate work of the administration, The important question here is what is the justification for holding the State responsible for the work Project Management? A number of theories have been put forward to explain this responsibility, The most important and most obvious theory of risk may be (alongside other theories such as the theory of equality before public burdens) based on a number of principles such as the principle of social solidarity and the principle of abstract justice.

The Agency is one of the most recognized contracts in the life of the community. It is one of the common contracts that are intertwined with other contracts such as selling, renting, labor, etc.
The importance of research is highlighted by focusing on the most important obligation in the Agency contract, which depends on the existence of the Agency, namely the commitment of the agent to implement the Agency, and this commitment has been around a lot of jurisprudence and legal research either through research to explain the limits of implementation and interpretation of the words of the principal, or through life problems faced by the agent during the intention to implement the Agency.
The agent frequently in his working life encounter unconsidered things such as economic and social fluctuations. Is it necessary to adhere to the Agency's basic rule of compliance with the limits set by the Agency, or is there another basis that can be adhered to and excluded from that rule without prejudice to the Agency's text ? Hence, the research attempts to answer these questions and solve the problems as much as possible.
The research came out with a set of conclusions and recommendations, the most important of which is the need to take into consideration the interests of the principal as in the case of Jordanian and Moroccan legislation, but on condition that it is not proved that it violated the will of the principal.
The study recommends the need to amend article (933) of the Iraqi Civil Code, which was a copy of the Egyptian civil code in article 703, by presenting the paragraph (conditions) on the clause (notice to the principal) in accordance with reality and logic

The programs are immaterial, and because of this special status, we did not find any organization in the legislative texts, whether French, Egyptian or even Iraqi, to protect the programs dealing with hidden defects and clarifying their provisions. The general rules regulating hidden defects were included in the regulation of the provisions of the sale and rent contracts, The contract of the contract was only in respect of the ten-year guarantee for the guarantee of the engineer and the architect of the facilities according to the articles (1792 French, 651 Egyptians and 878-870 Iraqis).
Therefore, we find that the jurisprudence differed about the applicability of the provisions of the guarantee of hidden defects on the contracts of information between the supporters and opponents, as a result of the difficulties faced by the guarantee in this type of contracts, including with regard to the non-physical (software programs), which agreed that the jurisprudence shop in these contracts The commitment to design the programs is significant and can not be described as something that includes a hidden defect. This is on the one hand, and on the other hand, the jurisprudence can not at this time determine the legal nature of these contracts, and therefore how we apply Warranty provisions.
In cases where the guarantee of this type of contract is established, what are the conditions that should be met until liability is fulfilled

The issue of non-pecuniary damage which effects the wife is one of the important and vital topics of the frequency of frequency in practice and the frequency of occurrence due to arbitrariness of some couples in harming their wives by abandonment of illegal abandonment without reason or worthy reason of abandonment and arbitrariness in its use and leave it as dependent on the same husband and live her married life like her equivalents or like nor is she entitled to marry another man to obtain her right to satisfy her needs for these reasons. The subject of abuse of the husband in the use of his right to abandonment and the consequent literary harm to the wife is one of the most important legal issues.The legislation of the national legislation, especially where the Iraqi legislator neglected to regulate this issue, which led to a legislative vacuum lost with the rights of many wives, which prevents shyness in addition to the vacuum of the prosecution and claim their rights and even when the establishment of the judge difficult to access the appropriate provision of the absence of legal provision that supports which led to the hesitation of the judiciary and the fluctuation of its rulings between acceptance and refusal, considering the harm caused by abandonment as a form of non-pecuniary damage e deserves compensation for it, since this abandonment deprived her of rights that are considered essential. Her right to enjoy the enjoyment of life, which is considered the most important marriage so it was necessary to address this subject research and depth and study all aspects to give it the appropriate importance to him.

There is no doubt that the philosophy of social solidarity in the scope of the crime is based on the introduction of the principle of social solidarity in the provisions of the Criminal Code as an effect of the principle of state intervention, which calls for the provision of assistance or assistance by any means by members of the judicial control or any individual in society to a real person. Or occurred under the influence of a crime or circumstance or disaster in order to eliminate the love of self and selfishness of some individuals and to emphasize the moral sense of responsibility towards others, the principle of solidarity is attributed to the idea of justice and the necessity of preserving the fundamental interests of individuals such as their right to life and the safety of the body and others Therefore, many penal legislations have tended to adopt the principle of social solidarity with others if they really need such assistance, but they are implicit in their texts, including the Iraqi Penal Code, as it is noted that the principle of solidarity within the scope of procedural rules appears in several cases more important The case of the crime is known, since the Iraqi Penal Code has obliged individuals in addition to the members of the judicial control in this crime all of the need to arrest every individual accused of a felony or misdemeanour and they may take ..

As a result of the economic development undergone by Iraq and its regime after 2003, the entry of foreign companies to the Iraqi market as a competitor to national companies, the growth of the public sector and the announcement of projects and services, it has become necessary to enter the private sector with contractual mechanisms with the public sector, Through entering into legitimate competition and preventing monopoly, and this intervention requires certain mechanisms and controls to keep away from the suspicion of corruption in these contracts, and intensify efforts through the development of legislation contribute to reduce or reduce it permanently.
This leads us to reach good commercial practice between the state and those enterprises and the private sector.

The decision of the administrative science is the disclosure of an administrative and scientific aspect and under its individual ceiling and according its authority bestowed the laws, regulations and instructions to arrange legal effects by in scientific fields in order to achieve the public interest, and soared to scientific affairs departments in Iraqi universities contribute dramatically its creation, To achieve that it depends on many ways such as decision malting deprival based on the committees, although the method was time consuming, but it leads to the result of making successful decisions that do not result in problems when applier practice ally. As well as through scientific conferences and symposiums, which is one of the most important and most successful means to participate in decision-making because it is characterized by democracy and give way to the freedom of the debate and that the decision issued by a group of individuals or based on the opinions and proposals of several decisions to be successful in most cases.
Hence, we decided to examine the role of the Scientific Affairs departments in Iraqi universities in the malting of administrative –scientific decision to highlight the significant role played by these sections in this area. In addition to its role in the development and presentation of the scientific activities of the university and show the proper scientific and cultural status.