Journal Of the College of law /Al-Nahrain University

The work relationship between the worker and the employer enables the worker to know many important secrets by virtue of his work in the project, which would expose the third party to harm the interests of the employer. Therefore, the legislation is keen to provide for the worker's obligation not to disclose the secrets of the work. This obligation leads to three types of responsibility: the disciplinary responsibility of the employer to impose disciplinary sanctions on the worker, which leads to dismissal if the breach causes serious harm to the employer's interest, and the civil liability of the worker for reparation Which caused injury to the employer through the claim for compensation, and the criminal liability brought against the worker for an act punishable by a criminal offense as a crime under the Penal law.

The modern wars escape traditional conflict classifications . The hybrid armed conflicts , create an unpredictable operation enviroment that is exacerbated by ever-increasing civilian participation in hostilities and the emergence of new technologies . The experts believe this trend towards ambiguity in armed conflict is becoming the norm rather than exception . Perhaps no domain in modern warfare more starkly validates this prediction than cyberspace .
And beacuse of this change in conflict classifications and emergence of cyberspace , the means and ends of mobilization are changing . And the most important change in the 21st century is the concept of levee en masse in cyber conflict . A mass network mobilization that emerges from cyberspace with a direct impact on physical reality . And this change in contemporary conflict by levee en masse in cyber conflict affecting the shape and outcome of domestic and international conflict .
The purpose of this article is examining the applicability of law of armed conflict to cyber levee en masse . this article will begin with a brief discussion on the concept of cyber attacks , and clarifying the concept of direct participation in hostilities . And explanation of how levee en masse can apply in cyberspace . And finish with the concluding .

The company of the custodian System deals with the financial The companies of the Custodian system deals with the financial securities by saving and administration and this companies are regarded as incorporated company which does its activities saving and administration of the financial securities in the financial securities market.
This research presents the nature of the activity of the company (saving and administration of the financial securities) "Process of the saving of the financial securities is done by the company because it is one of the important tasks of the company which is divided into saving materially and legally. The material saving of the securities is save the security from stealing "losing and damage.
The legal saving is pursuing what is the consequences of the security as rights dealing with it (vote rights and having profits).besides the company has the activity of administrating the owner securities of the customer according to his "her instruction and it can do this activity without instructions of his or her customers.
This research is divided into two sections: Firstly it explains the saving activing of the company "Secondly it deals with the other activity of the company which is administrating the financial securities.

The payment of the inadmissibility of the case is one of the important issues within the scope of the procedural law which has not received the necessary attention by the legislator and jurisprudence in Iraq, if this payment is vested in the right to institute proceedings before the judiciary. Therefore, it is one of the important subjects that result from the acceptance of the prosecution before the judiciary, Preventing and restricting the plaintiff's freedom to present his claim before the competent court to hear his case.
We have dealt with this issue if we stopped at the concept and distinguish it from the other defenses in the first section, as we came to the conclusion that this kind of defenses independent and self-contained. We also discussed the reasons that led to the emergence of this type of defenses and found that they are divided into procedural reasons we called the conditions of litigation that result in the failure to accept the petition. And objective reasons called the term general conditions of the lawsuit, whose failure leads to the failure to accept the case or not to continue its consideration. Finally, the legal effects of this type of defenses have been found to be confined to two communities. First, it is the inadmissibility of the case starting or continuing. The second is the disappearance of the proceedings. At the end of our research we were able to reach a number of results through this research, and we came out with a number of proposals that we hope will support this research study and yield results.

The obligation of seller's doesn’t expire with deliver، because of its followed by his guarantee obligation what is shown in the sale of a defect that diminishes the benefit that the buyer seeks to obtain، its mean that achieving his purpose of buying the sale or it may diminish the value of the sale.
Therefore the buyer shall return to the seller under the pretext of ensuring the hidden defects organized by the legislator in the provisions of the Iraqi civil law.

Credit rating is a complex legal-economic process that raises a number of questions about its legal nature, significance and implications. it’s one of the most important processes undertaken by financial and banking institutions as well as governments as an important and vital process in attracting investment and enhancing the trustworthiness of institutions. As well as to the countries themselves, and the importance of this issue in the Iraqi situation, especially today, because of difficult economic conditions experienced by the country; therefore, it is necessary to identify Legal adaptation of the credit rating process to be made aware of all the parties and alert them to what they might be exposed problems and obstacles in the future.

It is widely recognized that legal texts must come in a clear expression of their intended meaning, however, this is often not achieved in practice. This is based on the fact that the drafting of the legislative texts is a human industry, which is characterized by the failure of every human effort to achieve perfection and inability to achieve its goal of the fullest. This is evident in the vagueness of the wording of the criminal legal texts, which may be ambiguous and unclear. It should be pointed out that the explicit meaning of the criminal texts is not only linguistic clarity but the clarity of the idea that arises from the texts. Therefore, the fulfillment of these requirements (i.e., a clear wording) is essential for the researcher or judge that can interpret the text in a real way, as to be able to know the factual situation before it and whether it is covered by the scope of the legal provision.

this study has included the study of legislative measures that states parties shall be taken within the framework of its domestic legislation to give effect to national protection and is divided into three studies the first devoted to the study of the measures relating to the crime of enforced disappearance and the second measures relating to criminal responsibility and third measures relating to the perpetrator.
While the third chapter is devoted to the study of this research measures taken by states parties to establish international cooperation with the states parties to the treaty committees and non-treaty in older to ensure the protection of the international criminal for persons of enforced disappearance.

The cases before the courts have shown that there are many cases in which the victims are unable to prove the fault of the guard of the machine, which means that they are harmed without the guilt of Genoa, which inevitably compromises justice, and hence the situation has evolved to the point where the liability of the Custodian of the machine is presumed to be presumed wrong.
A harmful act is one of the most important and practical sources of commitment in working life after the decade. Responsibility has been and remains the subject of extensive and in-depth studies. It is the first involuntary source of obligation arising from an incident in which the law has an effect, that is, an obligation, which is called in postural doctrine of tort or responsibility for wrongful act, and the Jordanian Civil Code has opted for the expression of the injurious act.
The question is, is the liability of the machinery of dangerous things expired?
This is what we will discuss in this study through two sections, then a conclusion to review the most important findings and recommendations reached.

It is known that the mediation is a social way of resolving the conflict, which is returned in the roots of the world's various cultures, and the development of humanity and their transition from the life of the forest to the life of civilization, and their recourse to the law to organize their lives and replace them in all ways that lead to stability and peace. To this extent, the continuous development and the various legal relations have led them to find the ways to ensure their peaceful coexistence. Among these ways is mediation, which it is a means of agreement that ends the dispute by mutual consent between its conflicting parties, and it has become a compulsory means in some legislations, which forced the judiciary to urge the parties to resort it before the conflict, and if this indicates that it indicates that the development which has become the right of mediation to make it a preferred way of settling disputes for its rapid resolution, therefore, the roles played by mediation and during the years have made it an acceptable means of settling disputes.

Computer crimes are modern crimes that have not been mentioned in the Penal law of the countries, including the Iraqi Penal Code of 1969. Therefore, the Iraqi Penal law, which was enacted in 1969 and all amendments have been made thereon, did not refer to this crime. Thus, the criminal judge in Iraq can only resort to the general rules of this law. This crime have characteristics and advantages differ from other crimes, namely the traditional crimes such as: theft, murder and bribery. One of the most important problems connected with establishing this crime is the difficulty of discovering it, due to the fact that the accused is usually professional in hiding his crime, coupled with his assumed knowledgeable and experienced in the field of computer and other technical issues. The aforementioned crime is also characterized as a cross-border crime; because the perpetrator may be resident a State and the victim may live in another State. The lack of codifying this crimes is another problem confronting the establishment of its elements, which is assist in its spreading rapidly, and so becomes a source of a threat to all persons: society and the State, which raises the call for creating a cooperation between international and internal efforts to eliminate these kinds of rimes or, at least, limiting their spread.

The activity of the State is no longer as it was limit and restricted on the traditional functions such as: defense , security and justice , the State has gradually begun to intervene into several activities , including economical and social activities , This intervention has several rationales , and has took different forms and degrees .
These interventions , include the responsibility for establishing just fiction and developing infrastructure and service projects that can be described as destructive , particubry according to the current situation in Iraq, which has experienced successive wars, coven to this practical necessity on the one hand and the disability of the State to establish infrastructures and maintain them due to the financial crisis on the other hand , alternative Solutions should be given to finance these projects , including the engagement in to contracts captain conditions allowing the postpone of payments to the counter – party for certain period in return of specific in tersest must be paid by the State within limitations stipulated by the law.
Hence it is important to adopt this type of contract which will benefit the current and future generations and will result in reducing the financial costs on part of to implement those projects of interest to in the present and , to ease the burden of the State, if that will be made by normal ways , by using alternatives ways such as the engagement in to joint venture , with the private sectors or by way of public loans .

States, international organizations, and international jurists are carefully dealing with the issue of separation. States either resort to military force to eliminate these separatist demands, or attempt to assimilate them by adopting self-government or the federal system or resorting to judicial means to resolve them either through the Court of First Instance or Arbitration As these instruments have a major role in the resolution of international disputes in general, including disputes arising through secession, due to their characteristics and advantages that give them the privileged role and make them second only to the Convention. International 'organizations are other, it does not encourage secession in all cases, for fear of the disintegration of States, and it is the same for the scholars of international law who split the two-way, first rejects separation at all, and the second under certain conditions permitted by.

The responsibility of disciplinary judges is the result of the breach of judges in their duties and tasks entrusted to them in a manner that affects the status and prestige of the independence of the judiciary. The majority of the judicial legislations do not define a specific definition of the violation and do not specify the cases, but merely referring to the most important duties that the judge must adhere to the province On the independence of the judiciary, the disciplinary offense is not subject to the principle of legality of the crimes set out in the Penal Code, and the majority of judicial legislation gives the right to the judiciary itself to question the judges to ensure that they are not affected by In addition to being subject to guarantees to ensure their independence in the event of a disciplinary offense, which is the need to alert them to the violation of the duties and duties of the public office and make the trial of their discipline and confidentiality and ensure the right to defend them and conduct the necessary investigations before the lawsuit against judges to prevent malicious, In addition, disciplinary punishments for judges are subject to the principle of the legality of the penalty provided for in the Penal Code. No penalty may be imposed on the judge unless it is legally defined.
The disciplinary responsibility of the judges for civil and criminal liability is that civil liability is the result of a judge committing mistakes in the course of a currency, causing harm to third parties, and compensating judges. In addition, The commission of a crime or a recognizable felony is punishable by law in addition to being subject to the principle of "crime or penalty of infidels"