Journal Of the College of law /Al-Nahrain University

The Legitimacy of Special Property Expropriation and Guarantees to Protect Special Property
Abstract
Expropriation leads to the dispossession of an owner’s property. However, due to the requirements of public interest, various constitutions – one of which is the Iraqi constitution - have allowed special property expropriation. The Constitution of the Republic of Iraq (2005) , Item (23) decrees the a special property is protected against expropriation save in the case of expropriating it for public interest in return of a fair compensation to the owner . The legitimacy of special property expropriation has been affirmed in the Civil Iraqi Law (No. 40) issued in 1951 (Item 1050) where it decrees the illegality of expropriation only in cases sanctioned by the law, following legal procedures, where a fair compensation should be paid beforehand to the owner. The Confiscation Law (No.12) 0f 1981 has stated the guarantees to protect this right by assigning the cases which allow special property expropriation as well as the procedures that should be taken to own a property and how to fairly compensate the owner for his expropriated property according to its type .

This Research deals with The Constitutional, legal and legitimate rooting for freedom of innovative freedoms enshrined in the Constitution of the Republic of Iraq in 2005, namely Iraqi Freedom in commitment to their personal status according to religion or doctrine or dogma or chosen. where he addressed the research to determine the constitutional and legal for this freedom and consequences of nature, as well as a review of the legal provisions concerning the difference quotient on the application of personal status for the followers of Islamic schools, which led to the need to address the compatibility of the Personal Status Law No. 188 of 1959 with the Constitution on Iraqi freedom in commitment to their personal status, and without that we miss the reference to the review arguments against and in favor of freedom in order to develop and regulate a general theory of constitutional, legal and legitimate freedom of personal status in Iraq.

The subject of Satellite TV channels acquires a very large importance of debate and controversy in legal, political, intellectual and judicial researches around of the world. This is because its relate with the major variables and transitions scientific that happened during the past two decades which led to change many concepts of values and ethics of communities, including the Arab and Muslim society. Satellite channels are numerous and varied kinds like a news, religious, missionary, musical, cultural, economic, educational, scientific, historical, TV drama, movies, advertising, fashion, magic and trickery, chat and dialogue .... etc. It represents specific or non-specific additions, of objectives, policies and ethics. It may include some strategic objectives seeking to be achieved. Some of which submits bad implications and cultures far away from appreciation, respect decency, customs and traditions of communities. In addition it calls for ways to immorality and moral decay and the prevalence of immorality among others.
Satellite broadcasting transmits through outer space by the signals sent within a specific range of frequencies present on the satellite dishes that receive those signals. These signals transmit through atmosphere and reaching to different countries. Signals in this area violate the rights of sovereignty over the territory of the State. Territory usually includes the dry and water land, the offshore and subsoil region of the territory. This subject relate to the legal eligibility and sovereignty of state and the ability to act of it.
In fact, the principle of sovereignty was not changed in terms of being the principle of always going on. But the traditional concept of it has changed with the passage of time. The image, reality and responsibilities of sovereignty has changed to adapt with the reality of the new world order, as well as the command on the subject of the possibility of the state in controlling the atmosphere of its territory and prevent intrusions occurring in it .
The importance of this study appears in referring to the ability of modern communications technology of satellite channels to happen social changing among the various communities through what is broadcast and displays of programs and films and dialogues and their impact on the value systems of different social. It emphasizes the importance of respect for social laws. It appears the extent of violations the legal rules, especially the ones that relate to the principle of sovereignty in international law.

The problem of the study is represented by the new conception of the foetus which is outside the uterus ( not its natural place) which is different from the traditional one considering it an a fruit of scientific progress in medicine which endeavors to face infertility an a disease man tries his best to overcome and trespass its negation consequences .
Here lies a legal problem regarding the range of the recognition of laws in the right the sutures to live while its is outside the outcomes and effect and what accompanying this recognition .

Provisions of past and ongoing maintenance of the wife
and their applications judicial
Alimony due to the pair, while the right decade - and Lucan pair rich or poor, present or absent or missing - if they were resident in her family's house, unless the pair requested to move to his home refrained unjustly, if leaving the husband of his wife without the expense or spender legit become our discharged
All that spends pair of his wife's food and clothing and housing and service and furniture and all Milesmha on hand enough and what is happening with people knew. The estimated last alimony to the wife in the light of the financial situation of the husband and the cost of living during the period of maturity, taking into account the changes taking place throughout that period, and determine the duration of claim last alimony duration of not more than (one year) before the case was filed under Amendment XVI Law of Personal Status Law No. 19 for the year 1999.

The crease in The electronic trading, this lead to an increase to caused by it the dispute ,needs to find a way to settle the dispute in, Particularly that the judiciary is not liked regad to international commercial transactions, and that the traditional arbitration is not consistent with the principle on which the speed of electronic transactions .
Therefore appeared arbitration electronic as a fact in our current reality

The rapid and huge development in Communication and information system had led to the appearance of the international network which had made the world as a tiny village in which individuals exchange information and experiences as well as the interaction of cultures, this is the positive side of the net, but, there is a negative one which we had tried to focus on in this research as far as it affects the sovereignty of state.
As well as we deal with the origin, and definition of sovereignty . In addition we deal with the relation between internet and the sovereignty of state.
The effects of internet on the sovereignty of the state may be direct or indirect . and the internet crimes , are on of crimes that affect the sovereignty of state and its social and political systems.
Those crimes are not restricted within the borders of a single state, rather they are national and regional and international crimes, This required that the governments should appose certain procedures and legislations, Regional and International agreements are required too, for this purpose in order to control these crimes and chase its criminals.