Basra studies journal

The marriage contract is an important and dangerous contract because it constitutes the first nucleus of society, and the stability of marital life leads to a society free of gaps that threaten its stability. The contract must be built on strong foundations free of deprivations and defects that may invalidate it or deprive it of its essence. Islam is keen on the permanence of the marriage contract and allows divorce in cases where continuing the contract is difficult or impossible. The dissolution of the marriage contract varies, such as divorce, judicial separation, divorce, and annulment. The contract is dissolved for various reasons, such as the impossibility of its continuation, change of religion, or the presence of marital defects that negatively affect the other partner. The study focuses on the impact of these defects on the marriage contract and its continuity, and identifies the defects that jurists consider to be a reason for annulment based on differences in viewpoints and personal status laws in some Arab countries. The study is divided into two sections, where the first section focuses on defining the annulment of the marriage contract and analyzing the defects specific to men and women, as well as the defects that affect both spouses, while presenting the opinions of jurists on the possibility of annulment of the contract because of them. In the second section, the focus is on the position of personal status laws, and an analysis of the personal status laws in Iraq, Yemen, Kuwait, and Jordan, to compare them and understand how to deal with cases of annulment of the marriage contract.

Nowadays one can clearly see that many employees take advantage of the autherity granted to them to cause harm and damage to people who seek to achieve and play their positive role in purging the administrative apparatus of people who seek to distort its reputation and exploit it in a manner that violates the spirit of law. Therefore, the abuse of power results in a criminal threat that undermines confidence in the administrative apparatus, in addition to the weakness or lack of efficiency and effectiveness that must characterize the administration by fighting and removing an honest employee and bringing in an employee characterized by corruption.
For this reason, the Iraqi legislator dealt with this crime with punitive provisions, and imposed criminal liability on it by drafting the text of Article (329/Third) of the amended Iraqi Penal Code No. 111 of 1969. The importance of this study is highlighted in that it was drawn up after political developments occurred in Iraq. After the year 9/4/2003 and the shift from the socialist dictatorial system that favored senior employees and which worked to politicize the administrative apparatus and put employees on the basis of party affiliation rather than competence and merit, towards a liberal democratic system that sanctifies freedoms and guarantees rights.

Food security is one of the most important areas that the legislator has tried to protect criminally, as the concept of food security is no longer limited to people obtaining the necessary food commodity, but also includes that these commodities are fit for human consumption, and free of all pollutants, whether chemical, radioactive, or genetically modified materials that harm human health and safety. The process of liberalizing international trade and Iraq’s openness to global financial markets has contributed to the ease of transferring money and production elements and the difficulty of investigating their perpetrators, all of which have contributed to the occurrence of food crises.
The crime affecting food security is no longer a personal act are limited in effects to a narrow circle, but has become an aggression against the interests of society and affects the stability of countries from a social and political perspective. The role of criminal law is no longer an ordinary role, but has become more concerned with and attached to the main interests of society in light of contemporary criminal policy, which is the effective tool in protecting these interests by curbing the motives of criminal behavior that harms the interests of society, by preventing acts that undermine food security, such as acts of fraud and deception in goods or price manipulation, as well as acts that affect the health of the consumer and other acts that the legislator has criminalized with punitive texts, whether in the Penal Code or special laws, since criminal protection is superior to private interest.

In the context of the search for the principle of self-sufficiency of commercial paper, one can find that there is a lack of finding a logical explanation of this principle. So the research for a technical tool can bring the greatest stability to the parties of the legal relationship, taking into account the interest of the third party who is related to the legal relationship in good faith, without realizing the flaws of the will of the parties . The end of the research was directed to the idea of abstraction as the achievement of the greatest stability in the circle of legal acts .
In fact, the principle of self-sufficiency of a commercial paper is completely dependent on the property of abstraction in proving its effectiveness, since dealing with commercial papers is far from the basic relationship that the paper was issued to achieve, and the paper's self-sufficiency has the strongest effect on the holder's relationship with the previous signatories to the paper in terms of the irreversibility of the basic relationship on the basis of which the commercial paper was issued.
The space in which the researchers were looking for a valid basis for the principle of self-sufficiency was in the circle of the idea of abstract behavior as the most worthy, far from the theories of pure commitment, which proved to be useless as the basis for the principle of self-sufficiency.

There are many methods for collecting information and analyzing the financial situation of customers, either by banking inquiry or classification systems on the one hand, and specialized companies on the other hand. All of them agreed in their goal, which is to reach the true financial position of customers, for the purpose of maintaining the stability of the economic situation in the market and granting credit. Therefore, bank credit is the goal of the activity of these entities for those who deal with them. As for the company, the credit evaluation is its goal or objective in preparation for its classification, which is the basis of its work and its commercial activity is based on it.

Expertise is no longer the exclusive evidence in the judicial procedure, as other evidence such as inspection and testimony remain available to the administrative judge. However, resorting to it still rare in practice, despite its simplicity and speed. The importance of studying expertise lies in its legal framework and in its vital role, which is not limited to strengthening evidence, but extends to providing assistance and assistance to the judge. Since expertise plays a pivotal role in many lawsuits, as it is an essential and fundamental evidence on which the resolution of the dispute and the adjudication of the case depend, judges often face cases that include facts that exceed the limits of their knowledge and awareness. Here the true importance of expertise emerges in interpreting and analyzing these facts in an accurate scientific manner. The specialized expert submits a detailed report to the judge, which helps him make a fair decision based on the findings of the expertise.

Hate speech constitutes a threat to the security and peace of democratic societies, and a destructive force for basic values such as, respect and solidarity between individuals in society. It is particularly worrying, because it often represents the first steps towards real violence. Therefore, the research topic dealt with studying the definition of the concept of hate speech clearly and explicitly, and ways to reconcile the need to promote and protect the individual’s right to freedom of opinion and expression, and combating incitement to hatred through hate speech in all its forms. It also discussed the legal framework - at the present time - that regulates hate speech, and its adequacy in combating this phenomenon effectively to eliminate it and prevent its effects, through international documents that referred to it explicitly and implicitly. In addition , to the international mechanisms that criminalized it, and the role of the judiciary in conditioning it.

This research discusses two behaviors of a gray nature that are practiced by corporate managements, namely waste and structural bias, both of which exist in any legal environment, and does not mean that they are specific to the American legal environment. The American legal system, whether through common law courts or chancery courts, has not been able to combat them for reasons: First, the rule of evaluating the commercial decision that protects managers, as the purely commercial decision is evaluated by managers not by the judges. It is not the right of the judges to interfere in how the boards manage their companies, secondly, the same behaviors of waste and structural bias do not reach the level of breaching the duty of fiduciary loyalty, which is the essential duty on the directors, and are classified under the category of breaching the duty of fiduciary care, which is restricted by the rule of evaluating the commercial decision. So the directors are not held accountable for their negligence if they believe that their decision is based on a reasonable commercial purpose and that they made this decision in good faith without seeking Some of them to achieve private interests.

Despite the advantages that the guarantee letter offers and its effectiveness in commercial transactions, this effectiveness can be affected in several cases. For instance, the bank may be obligated to refrain from paying the amount of the guarantee letter if the request for the encashment of the letter involves fraud, or in the event of a temporary order suspending the disbursement of the guarantee amount. Furthermore, its effectiveness diminishes in situations where the beneficiary's creditors seek to impose a lien.

The research focused on examining the legal framework governing the economic rights of persons with disabilities. It began by identifying key economic challenges faced by this group to pinpoint areas of deficiency. The study then highlighted the essential standards that should be applied to these rights, with particular emphasis on the principles of accessibility and quality standards.
Through an analysis of legal provisions concerning various economic rights—most notably the right to work, employment, and access to appropriate vocational training and rehabilitation—the research compared legal texts with practical realities to diagnose underlying issues and propose suitable solutions. A significant gap was observed between legal provisions and their practical implementation, assessed in light of relevant economic rights standards for persons with disabilities.

research should be in public law, or private law, and the study of judicial decisions related to each law, as well as the study of comparative laws, with the aim of developing laws in force.Concerned with legal studies of a practical and theoretical.