Journal Of the College of law /Al-Nahrain University

Humanity has experienced throughout eras extensive, and cross-border wars, which had not been subjected to restrictions under certain legal rules governing the conduct of fighters during their outbreak. In these wars, each discount was attempted to eliminate his enemy, and thus, history is replete with many pages stained with blood.
These types of wars is still sweeping several countries, destroying milestones of civilization and national fortunes, and its cruelty has harmed human being. Given the disastrous results of wars that have inflicted to humans substantial and direct detriments, heavenly religions have laid down certain rules to safeguard people by crystallizing the principle of medical neutrality in order to mitigate cruelty of war.
Islam views war a means of removing obstacles facing the spread of Islam, preventing damage, publicizing Islamic principles and establishing an integrated humanitarian regime. With a view to create harmonization between those considerations on a part, and the exigencies of safeguarding human being on the other part, Islam has laid out a set of rules for governing the conducts of fighters in war-field, and for discriminating fighters from civilian.
However, by reason of scientific developments occurred in societies, which has, in turn, resulted in innovating modern weapons incapable to make distinguish between fighters and other civilian people, the international community began to pay attention to human aspect of armed conflicts, by focusing on safeguarding the rights of civilian people. These efforts have resulted in concluding the Geneva’s four Conventions of 1949, and their attached protocols of 1977. the international armed conflicts. Hence, ‘’the Principle of Medical Neutrality’’

For every law being enacted, the legislator has an object, purpose and a philosophy behind it. Also, there is an urgent necessity to organize a specific issue in the legal work frame and to give the issue binding strength towards the individuals.
Since the public money has special sanctity, any infringement will cause harm upon the public treasury, This damage may be caused by the employee or someone working as public service who has the authority over the money. These mistakes can cause damage to the public treasury and its sources. Therefore, the aim of the legislator from enacting the modulated law No. 31 of 2015 is to be deterrent to those who deal with public money and all its types, and to enhance their cautious side in addition to decrease any damage and compensate what has been wasted from the public money which may be caused by the neglect, irresponsibility or breaking the law, regulations and instructions. Also in order to distinguish this damage of the public treasury from the damage caused by the acts of citizens. By special legal adaption to the law and adjusting it within the Iraqi penal law No. 111 of 1969 amended and other relevant penal laws.

The sale of researches, thesis’sand university papers by office owners is a crime against the scientific process not only for universities but also for the nation. It works to help people who are not entitled to certificates or degrees.
The beneficiary may use these offices to purchase a search or a ready thesis. The owners of these offices will agree with the professor or researcher to write the research or thesis. They may work on literal translation or partial or partial quotation without mentioning the references and the proportion of these works to the beneficiary.
In the first case, the provisions on forgery may apply to him in accordance with Article 287 of the Iraqi Penal Code. In the latter case, the penal text on the violation of moral rights may apply to him according to Article (476) of the Iraqi Penal Code No. 111 of 1969, or according to Article (45) of the Iraqi Copyright Protection Act No. 3 of 1971.

The idea of legislative deviation in the use of the legislative authority is an integral theory and it is one of the most important aspects of unconstitutionality . The purpose of this is to extend the scope of supervision over the constitutionality of the laws because the defect of legislative deviation is mainly related to the purpose of the legislation, which in turn is that the legislator should aim at its legislation In the interest of the public interest, if the other interests of the legislature, the legislation is considered a constitutional labyrinth, which is the defect of legislative deviation. The discretionary power is the area in which the hypothesis of legislative deviation operates, ie the area of work of this theory is absolute power, The legislative deviation is one of the most serious defects, because it is a hidden defect that can not be seen by comparing the provisions of the legislation and the provisions of the Constitution. Defective legislation is a manifestation of health, and in it is corruption or nullity .
As the deviation is related to the purposes of legislation, it is a difficult defect to prove, so the judiciary resort to evidence and evidence and minutes of meetings and preparatory work and statements of deputies or to any unconventional evidence to prove that defect that precede the issuance of legislation or its associate to prove that defect through these evidence is the constitutional judge His belief that there is a defect of legislative deviation, according to certain criteria, formality, objectivity, subjective or mixed . .
We are here to examine and formulate the hypothesis of legislative deviation and delve into the generality of the general theory of legislative deviation within the scope of general law to identify the nature of this defect and determine its criteria.
The need and the requirements of scientific research required the division of this study on two topics: we deal in the first topic: the concept of the defect of legislative deviation, and we address in the second: the hypothesis of the defect in the enactment of legislation and the definition and criteria .

Constitutions are usually given several means can the parliament from which to demonstrate its control over the executive power, the range of these means of granting Parliament the right to submit parliamentary questions, the right of parliamentary debates, as well as a request to question a minister or prime Minister as well as the formation of a parliamentary investigative commissions on the facts inevitably to the judicial investigation but it is not limited to the impact of these means of parliamentary control on the relationship between the legislative and executive branches, but its impact extends to the judiciary.
So when dealing with a member of Parliament when it is used to control the means of parliamentary acts "did not separate the judiciary, which would affect the independence of this power in the face of each of the other two branches, it increased on that it is a violation of the principle of separation of powers.

It is a well-known rule under the Anglo-Saxon school of law that a director must act in good faith in pursuing the interests of his company. Good faith, as an assumed element in this duty, provides a guide for a director on how to fulfil his duty, as well as subjecting him to effective and severe accountability in the case of perpetrating intentional wrongdoing in order to compelling him to avoid placing himself in possible conflict of interests, in contrary to the case of the breach of the duty of care, which is enforceable irrespective of matters of a director's good or bad faith.
However, the Iraqi law, and the law of other Arabic counties, have lost the opportunity to adopt the aforementioned dual classification of directorial duties, by conflating the duty to act in a company’s interests and the duty of care in a single formulation, expressed in one Article. In this context, Art. 120 of the Iraqi companies Act of 1997 has espoused a subjective standard, under which a director must act in serving a company’s interests as he would serve his own personal interests. The subjective standard may accords with the nature of the principle of good faith, as it represents a director’s state of mind, but leads to an attenuation of the duty of care, a duty which ought to be applicable whatever the director’s state of mind. If it were otherwise, the errant director would always be free to claim that he had acted in what he believed to be the company’s best interests. Art. 120, by virtue of its failed to make focus on the substance of the duty, has led to obscure the importance of a director’s duty to further the company’s interests, which ought to be his main duty and is the one for which he was appointed.
By contrast, Art.17(6) of the P.B.A. 2004 does in fact refer explicitly to the director’s duty to act in good faith in the interests of the company. However, this duty is subordinated to the duty of care by virtue of its adoption of the ‘’objective standard’’. The latter involves a substantial degree of contradiction with the principle of good faith, as it is held to be an expression of the individual’s state of mind. This position is conducive also to the incurrence of an onerous accountability that is inconsistent with commercial activities, which are premised on the considerations of initiative and venture.
Resolution of the above contradictions in Iraqi law could be achieved by following the example of English law, that is to say, by separating the duty of care and the duty to act in the company’s interests. More flexibility should be added to Iraqi law concerning the test used for ascertaining whether a director has acted in good faith: While the subjective standard should be considered as a cardinal test, the objective test should be applied as an alternative in cases where the court is able to infer that a director’s behaviour was unreasonable, or where there are indications of bad faith, or where gross negligence can be shown.
It has been demonstrated in this article that Iraqi lawmaker should also go further in reforming this area of law by adopting the traditional classification of fiduciary and non-fiduciary duties, as can be shown under English law, because this classification would achieve several considerations: protecting licit interests of a company and its director, and ensures good corporate government. All of these issues have been highlighted in this article.

The traditional legal rules in the responsibility for things no longer meet the needs of contemporary society; given the massive developments created by modern technology, which means that all the rules of civil law in the position of a real challenge. In the light of this diversity in inanimate objects, which causes accidents resulting in the rise of different kinds of damage, this diversity produces (things) a new cause serious risks, perhaps the most prominent examples of contemporary (information) that represent -today- moral money used in financial terms, such as making investment contracts, leasing and selling them, and enhance the market value of the information, financial reality, regardless of the frame in which it is contained. Approaching to the rules of civil responsibility –in their real form- from the practical reality, raises an important approach, summed up the extent of the ability to apply the rules of civil responsibility on the damage caused by material things, the damage caused by the moral things? The answer to this question is the object of this research.

The world has witnessed in all spheres of life, especially in the field of technology and information which led to the flourishing of Commerce and perhaps the most prominent of those developments computer discovery, and then the emergence of the Internet as a real information revolution here had to reconsider the traditional role of banks and its services including electronic money transfer service, since this is the most important means of scientific progress brought about by recent advances in technology as I had to organize this service Commensurate with the evolution of society and protect these modern means of transferring money electronically by law liability if not exactly this process, considering that the Bank is responsible for this process.

When consumer protection at the international and the national laws approved, the right of withdrawal of consumer, that was not acknowledge absolute borders and open scale, and it has been restricted set of parameters and conditions, which it wasn't intended to reduce the effectiveness of this right for the consumer, as far as What was the purpose is to determine the scope of the consumer the right of withdrawal to return for e-contracts from an online, the fact that this right represents a means of encouraging consumers feet on electronic contracting patterns that take place across international network, and to protect them from being seduced and injustice which may suffer as a result of resorting to this type of contract, so the aim of this study is determined by a statement of this right dimensions so that it can be realized that the purpose of approval and cannot be a way, however, greedy consumers who may take advantage of this right and exercise patterns of procrastination towards online sellers.

Child Pornography is a serious crime and one of child exploitation crimes, the worst of media and communication crimes, and also, it is one of the crimes that affect ethics and morals of society according to the laws of different countries. Child Pornography Is not considered a new phenomenon; and it increased during the eighties of the last century because the enormous technological revolution in the era in recent decades, as well as the lack of cross-border punitive legislation, as with the traditional criminal law stands unable to face it. Countries are divided confronting this crime whether by independent punitive legislation or traditional punitive laws. Child pornography is defined as any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where: the production of such visual depiction involves the use of a minor( under age eighteen) engaging in sexually explicit conduct; such visual depiction is a digital image, computer image, or computer- generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct. The importance of research being reflected in dealing with a sensitive issue especially in the eastern culture, and thus may contribute to define the community that issue which is considered one of the most important issues raised itself on the agenda of international and local countries, especially those interested in children's rights.