Journal Of the College of law /Al-Nahrain University

The contract is the most important source of commitment, because of the philosophical view of the role of will, it can be said that The real intention is the one who makes the law for the owner. If the contract is committed by the contract, because it wanted to, the contract is the principle of legal life, and real intention is the principle of the contract. Thus, the real intention is the sovereign authority to determine the contract at various stages of his life. As for the interpretation of the contract, real intention will play an important role in establishing the basic rules in the interpretation of the contract in Iraqi law. In English law, the court traditionally resorted to an objective criterion based on the apparent will of interpretation But some doctrinal trends and case law have emerged that in some cases take the real intention of contractors through the search for their true intention.

The topic of our research is the extent to which the inheritance of the grandchildren in the event of their meeting with the son of the slave and the passive daughter, and that the daughter may inherit all inheritance in the case of individual and some scholars and inherited half of the majority of jurists and the rest is for grandchildren in the event of meeting with the girl.
Some of the jurists differentiate between them in inheritance. They say that the grandson of the son of the son is the grandson of the daughter of the daughter, because the grandson is the son of the son, and some of them do not say so and inherit each grandson from the inheritance of his origin.

We had in the summary of this study the role of the state in strengthening education systems and culture in a material and moral way in order to encourage the spirit of innovation and creativity & This is what the constitutions adopted. This will be reflected in the achievement of economic progress, if we consider the universality of literary and artistic property rights, especially in view of the scientific and technological development. You will find that they form in addition to real property rights , Thus we have determined the necessity of presenting this study with on the subject of copyright which is the subject of criminal protection, which explained the basis of the legality of the copyright and its existence before and after the "religion" Because it is linked to the human mind and explained the basis of this concept of "innovation" , one material and the other moral as well as the study revealed to us the content of copyright and that the right is based on two elements, We then proceeded to study the criminal protection of copyright by revealing the location of imitation in the Penal Code and clarifying the concept of imitation in the crime of imitating works and agents of crime.
In this study, we discussed the provisions of the penalties imposed by the crime of imitation. In addition to the scientific and logical method of legal study .
we explained the procedural aspects of the protection of copyright.

The brain death consider as a modern issues in the medical and the law. Which is a result of technological development in the field of medical devices since the early sixties of the twentieth century. There is a legal and medical argument about it, one opinion sees that dead brain is a sick and the patient still alive and he must get the medical care, while the other legal and medical opinion sees that this kind of person is dead and the medical care should be stop. We will discuss this mater in Iraqi law and with comparative Egyptian and American laws.

The problem of determining the law applicable to non-contractual obligations is one of the most complex problems in private international law. There is more than one law that governs the multiple elements of this act. For the tortuous liability, there is a place where the harmful act occurred, where the damage took place. As well as for unjust enrichment action, the elements of the enrichment may take place in more country.
So the problems arise does the law apply the injury residence, or the law of the place where the damage took place, the problem is more complicated after World War II because of the development of transport and communication.
The European legislator has to deals with the problem of determining the law applicable on non- contractual obligations by legislated regulation Rome II of 2007. The European legislator has adopted the latest jurisprudence and judgment regarding Research topic.
Therefore, this research will discuss the latest ideas and the modern approach adopted by the European legislator in this regulation and the new means of determining the applicable law in the scope of non-contractual obligations. We shall divide it into three sections: The first section deals with the cases under the law of an act non- contractual obligation, the second deals with the Exceptions of the law of an act non-contractual obligation, and the third section deals with means of determining the law applicable in the Rome II.

Professional commitment did not stop at the borders to compensate the damage caused by its products for its flaws, but exceeded this limit and became binding to compensate the damage caused by the lack of consumer warning including surrounds the product or surrounding its use of risk even if it is free from defects, because the complexity of modern products and multiple types of dangerous products and the prevalence use among all segments of society all this requires a professional to surround the consumer note of the characteristics of these products and how they are used or operated and aspects of gravity. If breached this obligation had to bear all the consequences of it and that the purpose behind the imposition of the obligation to warn is to prevent the arrival of a hidden danger in products to the consumer and the prejudice or damage his body with his money.

Enjoys the Income Tax Act of great importance, among other direct tax laws (and Land Property Tax), the fact that the income tax is an important source of public treasury financing, so it has to be a guarantee of payment of this tax from the taxpayer, and the sanctions are the basic guarantee for the respect of the law and pay the tax by the designate, but the presence of sanctions does not mean anything, that were not proportionate and compatible with the offender and the circumstances of his crime, which requires the legislature to use several ways to achieve proportionality between the crimes provided for in and punishable by the Income tax Act, which is called (legislative proportionately(.

The fiduciary doctrine is one of brainchild of the Anglo-Saxon school of law, aims at protecting the beneficiary, who relies on efforts, advice or expertise of another person, in a relationship should be premised on the considerations of reliance, dependency, probity and fidelity in discharging the powers, which are vested with a person, who is called a fiduciary. The fiduciary, undoubtfully, enjoys with broad powers with a view to enable him performing his duties properly. This position creates unbalanced relationship between the aforesaid persons due to the existence of a possibility of abusing powers vested with the fiduciary, which can be envisaged where the fiduciary placing his personal interests, or the interests of another person, ahead of the beneficiary’s interest.
Hence, English law, or broadly speaking the Anglo-Saxon legal system, interfere in such relationships in order to safeguard the vulnerable person in such relationships (the beneficiary) by the imposition of certain severe obligations on the fiduciary requiring him to act in good faith to achieve the best interest for the beneficiary, and to avoid any position in which he have or can have an interest conflicting with his obligation towards the beneficiary.
An investigation on the position of Iraqi private law reveals the fact that the law, notwithstanding of containing provisions regulating some limited and partial aspects of fiduciary obligation, but lack a general conceptual framework governing all relationships which have fiduciary features. Therefore, solving the problems of abusing powers on the part of the fiduciary in relationships governing by private law necessitate transplanting the root of fiduciary doctrine into the Iraqi Civil Code under a general doctrine enabling the court to confront the abuse of power and any legislative lacuna in other legislation by the resort to this principle.

This topic is presented the Interrogation of the accused procedures which is considered the most important procedures among all lawsuit penalties. It collects all of its facts and inspects the significance of its investigation to achieve its first objective of reaching the truth and punishing the culprit. This is due to the great role played by him in all steps of the investigation as the only procedure in which the accused takes a positive position that allows him to participate effectively for everything that is going on, which led to the right to defense more than what the charge counts, and this Let the legislator in the brain that is in turn a set of procedures by the examining magistrate and the accusatory body. It aims at searching for evidence of a crime and then assessing it to determine the possibility of referring the accused to trial.

The visible evidence is an electronic evidence uses the modern science to proof the crimes committed. The evidence can be collected through sophisticated electronic means such as mobile phones, modern digital cameras and others. Through these devices, criminal events can be photographed and stored in the memory of electronic devices. And then presented to the judiciary as evidence of the crimes. These evidence maybe photographs, video or digital data such as e-mails or SMS messages containing details of the crime, and these kind of evidence contributed to the proof of many crimes in the others countries.