Journal Of the College of law /Al-Nahrain University

This study has shed light on the concept of the principle of the prohibition of direct orders from the administration before the administrative judge, and according to the explanations of the scholars and the provisions of the administrative judiciary, as indicated to the exceptions that you respond to that principle.
As indicated this study to the important role of orders directed by an administrative judge and style financial threat for the implementation of judicial rulings issued from it, as well as take advantage of modern legislation and especially the French grant administrative judge authority to direct orders to the administration, which has led to increased confidence in the role of administrative courts in the protection of the rights and freedoms individuals, where some countries have given to the administrative judge

The political agreements is regarded the most important topics that have increased in Iraq, especially after the conclusion of ruler of the executive and legislative authorities many of agreement between members, which contributed to a solution to the constitutional and political problems that have a significant impact on the constitutional institutions and regular functioning in Iraq. In spite of importance, but the careful with these agreements find it ether violate the provisions of the Constitution and laws, or come outside the constitutional and legal limits, which led to violated constitutional legitimacy, represented as people are the source of authority, and then should not to damage the interests or out on his will, so came this research to show the constitutional and legal basis of political agreements and determine the nature, the review of the constitutional judiciary, including position, and practical applications, so as to determine and constitute general theory of these agreements.

civil liability of the owner ship The
Ship owner is a person who has acquired ownership of one of the causes of public ownership, or in accordance with the reasons for the special set forth in maritime law, since gaining ownership of the vessel in accordance with civil law by purchase, gift, or by inheritance or commandment, there are special maritime law reasons to gain ownership of the ship it is by building, or by quitting or giving up ownership of the insured vessel after its owner compensation for the losses suffered by its maritime accident insured
The owner of the ship does have directly exploiting and processing of fuel, supplies and contracted with the captain and marine crew and insurance and the conclusion of the contract of carriage, called the then owner-equipped, has been the owner leased the ship to another person named tenant equipped against the fare to be agreed upon, if breached the ship owner in the implementation of contracts concluded by shall be liable in accordance with the rules of the contractual responsibility is also responsible tort for personal mistakes
The basic principle is that the responsibility of the owner of the ship is an absolute all his money, but the legislator Marine out of this provision and the granting of the ship owner the right to determine responsibility

In this research will be limited to the study of civil liability of the owner of the ship or tenant according to Iraqi law, with a statement of the position of some international conventions and other Relevant laws if required to study it

The importance of studying (the inauguration of the President and his authority in the Constitution of the Republic of Iraq for the year 2005) stands out because the political systems in parliamentary democracies based on the principle of separation of powers and the executive authority (power) in parliamentary system is characterized by dualism because of the irresponsible president against a responsible Ministry, and this distinction.
Divided the constitutional jurisprudence over the role of the president into two different directions ( trends) . The first trend sees that his role is negative and he does not exercise an actual authority while the other trend sees that his authority related to the powers conferred to him by the constitution.
To examine the authority of the President under the Constitution of the Republic of Iraq for the year 2005 Is awarded the provisions of this Constitution the powers honorary protocol or powers of the actual enabled him to play the role of an active and influential, it was the study of research in the two demands, we dealt with the first demand from the inauguration of the President of the Republic 2005 Constitution either second requirement we dealt with it terms of reference of the President of the Republic of legislative, executive and judiciary in the Constitution of Iraq for the year 2005.
The conclusion reached to the need to amend the Constitution of the Republic of Iraq for the year 2005 to ensure the expansion of presidential powers in a balanced manner so as not to upset the foundations of the parliamentary system, and maintains the foundations of the democratic system.

It is well known that Good Faith principle is a virtual political or general legal principle of any legal system whether it is an internal or an international legal system and of any conduct or any law of social relations for both the regional and the international social relations in terms of the requirements of moral and humanitarian rules .
The role that Good faith plays by its administrative activity is deeply associated with morality . While cheating is The contrary to what moral principles impose i.e our subject matter by corrupting all basis of morality .
Acquiring the nationality of a certain country is done according to its legal systems specified terms and one of the most important terms is Good faith which may be set implicitly or explicitly as a virtual principle as mentioned above Once the country granted this nationality , be assured that its nationality is being abused , it will impose a penalty on that person , who has bad faith , such as drawing off the nationality from him or punishing him according to the extent of that breaching or violation .
Accordingly , acquiring the citizenship must be associated with honor , integrity , honesty and cooperation . The person asking to gain the nationality of a country has to be cooperative with that country and to have good faith with no cheating , misleading , forgery, or delusion . He has to have a good legal history which is necessary to transactions attribution . We will find Good faith within Acts of Iraqi nationality and localized Act in force as an example for the subject matter under research.

Punitive damages are an extra damages granted by the civil judge to the injured party in certain , exceptional cases particularly if the fault committed by the wrongdoer so grave or serious owing to its nature or the surrounding circumstances in order to deter and punish the wrongdoer and deter the others who would commit the same fault. Though the idea of punitive damages is one of niceties of English legal system, yet its early prototype has deep roots in the history of legal systems, Code of Hamourabi is a case in point in this respect where this idea is very manifest to an extent that is the general maxim governing the compensation system.

The idea of the punitive damages is so controversial , opposed by some judges and jurists even within the realm of English legal system, paradoxically , it has been embraced by some prominent figures in German and French legal systems , emphasizing its importance either in combating certain kinds of faults namely "the profitable" one where the aim of the wrongdoer not simply to inflict damage on the injured party but to exploit or harvest the fruits of another person property as well as replant the seeds of moralization in civil liability system since this system begins to loss some of its moral premises after the spreading of presumed fault system or strict civil liability system.
The research had been divided into three chapters, in the first chapter the researcher has dealt with the idea of punitive damages and its distinguishing characteristics and its role within the realm of legal liability , whereas the second chapter specified to technical demarcation of cases be worthy of punitive damages . the third chapter has dealt with the problems of idea of punitive damages which has been dived into two subchapters the first specified for the bases for calculation of punitive damages and the enforceability of foreign judgments containing punitive damages.
Finally, the researcher has summed up his research by many recommendations and proposal for draft modifying law; hoping that Iraqi legislative organs and judiciary system to adopt them.

This research sheds light on the basis of the responsibility for doing the thing in the Iraqi civil law, as we find that the starting point in it, stems from the theory of direct and causing enshrined in Islamic jurisprudence, which entered in the provisions of the Iraqi civil law itself, and we have found that, based on this theory, we can say that the responsibility for doing the thing in the case of whether to do something harmful, is of such direct relation to his bodyguard, Ahenma based on longer supposed met to prove the contrary, while it is under French law and the laws of Arab Nhilt him, but the general rule on the error does not accept supposed to prove the contrary, and this is what led us to the results of important legal, and we set at the conclusion of the search

t could be argued that the Joint Operating Agreement is a common form of conducting a business in the oil and gas industry, and involves each party submitting an idea or point of view for approaching the business effectively. It has also been said that due to the longevity of conducting a business in the oil and gas industry, and the variety of sensitive matters which may result in challenges or jeopardising the joint venture, the purpose of the Joint Operating Agreement should be to address the above issues and to supply a collection of clauses that will oversee the joint venture members for the entire term of the business.
This essay aims to tackle likely legal issues that may emerge from the Joint Operating Agreement, issues such as liability and accountability between the parties. Therefore, in order to adequately address such matters, this paper will be divided into parts as follows: firstly, a brief background about Joint Operating Agreements; secondly, defining the parties of the joint venture; thirdly, the legal issues that arise such as fiduciary duty and the pre-emption right with particular reference to the United Kingdom’s approach to pre-emption right; fourthly, discussion of the event of default and suggested solutions; fifthly, the issue of decommissioning; sixthly, an examination of other issues, such as sole risk and non-consent; and finally, a conclusion drawing together the various aspects of this paper with some recommendations.