Risalat al-huquq Journal

Electronic contracts are considered one of the global variables imposed by the revolution of technological progress, as they have become one of the pillars of the global economy, as most legal systems recognize the principle of freedom of the parties to choose the law to be applied to their contract, by including a condition in the contract in which the parties specify the law to be applied to the contract concluded between them. This is called the condition of legislative jurisdiction, and the expression of will is explicit if the contracting party reveals this will.
If the parties to electronic commerce contracts conducted via the electronic network do not explicitly agree to choose the law that governs their contract, the competent judge must strive to determine the law that must be applied to the contract, given what the contracting parties intended. Here the judge wanted it, not the contracting parties.
Here, the judge determines the law that is most closely related to the contractual bond, either by assigning that bond to rigid controls, i.e., rigid attribution, or by assigning it to flexible controls derived from the intrinsic nature of the contract. It can be said that determining the law applicable to contracts concluded over the Internet is difficult to determine due to the difficulty of determining all the legal aspects of the contract

To begin with, the phenomenon of career deviation in the public service is a global phenomenon, and almost no country is devoid of it due to its importance at the international, regional and local levels within the geographical scope. At the same time, it constitutes a fundamental obstacle to the process of administrative development in various fields, including political, social and economic, and in Iraq after the process of positive development took place. The change occurred in the nature of the political system in 2003, and the functional administrative deviation was one of the results of this change in the Iraqi state It became a scourge that ravaged the body of the entire Iraqi state and across its governmental institutions, which resulted in obstruction of governmental development efforts and the spread of the phenomenon of societal poverty with a loss of trust between the citizen and the state, as our Iraqi society was engulfed by its fire and it became a dangerous phenomenon that should not be underestimated, so our Iraqi legislator rose up to address it. Legally, judiciously and judiciously, by forming an independent body with its own legal personality and financial and administrative independence from the three authorities in the state (legislative, executive and judicial through legal reasoning, some of the important topics that have been

The legislative authority exercises a set of functions defined for it and recognized according to the nature of the political system prevailing in the state. In general, there are two basic functions of Parliament. The first function is that it is the only legitimate representative of the people. Secondly, it exercises a legislative and oversight function. The legislative power is the only original body in legislation. The laws in the country, with some exceptions that the Constitution may grant to other bodies in the country, and oversight, as it is the body responsible for monitoring the government’s work. This oversight is represented by the presence of a number of means or tools that Parliament uses to exercise its oversight function, so that it enables it to perform its oversight mission in a sound and correct manner. Since it is one of the most important constitutional tools used by Parliament in monitoring the government’s work, it is therefore stipulated in the Constitution or may be mentioned in the internal regulations of the House of Representatives. Therefore, the oversight function is one of the most important functions exercised by the legislative authority towards the executive authority in the parliamentary system as it strengthens From the idea of legal responsibility, transparency and integrity in political work. The success of parliamentary oversight depends on the competence of the members of the House of Representatives and their political sophistication and on the nature of the legal and constitutional texts existing in the state that may restrict or free the legislative authority in exercising its oversight mission in all freedom and transparency in accordance with the controls and instructions stipulated in the constitution and the law. Parliamentary oversight is exercised through the tools The means that are specified in the state’s constitution, and therefore these tools differ from one state to another. In Iraq, the Iraqi Constitution of 2005, in addition to the internal regulations of the House of Representatives for the year 2022, specified the total tools and means that Parliament can rely on in exercising its oversight mission.

The research idea stems from a major legal problem related to the lack of a specific legal system that addresses crimes against honor. These crimes were not listed exclusively, but rather mentioned as a set of examples, due to the impossibility of accurately listing them. Breach of honor cannot be defined according to a single standard, as social, religious, regional and temporal standards differ. Therefore, it cannot be placed in a fixed framework that can be relied upon to clarify the intended meaning, which makes it impossible to shorten time and place with a definition or theory. The study reached several results, the most important of which is that crimes against honor are attributed to weak morals and deviant nature, which prompts the individual to avoid virtues and commit major sins that lead to his contempt and disdain due to his desires and bad conduct. These crimes clearly show bad conduct and behavior, and penal legislation did not care about accurately defining crimes against honor, as much as it was satisfied with outlining them and mentioning examples of them, leaving room for judicial interpretation according to the circumstances of the crime, the condition of the criminal, and the social, moral and religious considerations surrounding the criminal act

Private international law is no longer limited to its known and specific subjects, nor are its relations confined to the scope of international commercial relations. Recently, sports have become one of the subjects of this law, witnessing significant development. Sports are no longer limited to players from the same country but have evolved to the stage of contracting with foreign players, leading to what is known as professionalism. This development must be accompanied by the evolution of the legal rules governing these changes, as it is not possible to resort to general and traditional rules. Because sports contracts are of great importance and specificity, making them different from civil and commercial contracts, despite some common general rules among them, resolving disputes of a sports nature and the problems arising from sports contracts, especially international ones, undoubtedly requires a law described as specialized sports law and institutions tasked with resolving disputes, such as sports arbitration. We believe that the reason for this specialization is the modern developments that have made the jurisdiction of courts based on the type of cases. Therefore, it can be said that the existence of special legal rules for sports activities and special arbitration institutions also reveals a developed and effective movement in resolving legal problems of a sports nature

After the emergence of companies and their importance increased in various countries of the world, laws in the modern era paid special attention to companies, as the laws aimed to organize and develop companies according to the requirements of national development plans. Among these companies are capital companies, including the public joint-stock company, which is considered the ideal model for capital companies that are based on financial consideration and in which personal considerations are diminished, and which were found in order to establish major economic projects, whether commercial or industrial, due to their ability to collect funds that enable them to implement these projects and achieve the purpose for which the company was established. This company is not concerned with the personality of the partner, but rather with the financial contribution he provides, which is in the form of shares subscribed to in order to contribute to collecting funds that enable the company to start its economic activity. This company is managed by three bodies: the board of directors, the general body, and the auditors. The board of directors in the joint-stock company is considered the main and effective tool and the mastermind of managing the joint-stock company, although the general body is the one that manages the company and has the supreme authority and legal sovereignty, but it is difficult for the general body to follow up on the daily activity of the company and make the necessary decisions that aim to facilitate its affairs in a normal manner. There are also shareholders. They own a small amount of shares, which leads to their indifference to attending general assembly meetings, and thus their inability to supervise and monitor the company’s affairs effectively. This is why the great role played by the board of directors appears, and this is what prompted the legislator to organize matters related to the board.

One of the most important legal methods followed by the administration for the purpose of managing the public facility is administrative contracts. When concluding these contracts, the administration is not subject to the provisions of public law. Rather, it is subject to the provisions of private law, which grants it exceptional authority other than that found in private law to enable it to practice its activities and operate and manage the public facility. Among these privileges is the authority to terminate contracts for the public interest, but this privilege or authority is considered dangerous and enjoyed by the administration, but it is not absolute, but rather subject to the supervision of the administrative judge who is keen to respect the will of the general rules governing the exercise of this authority, and its violation results in the administration being responsible for the damages resulting from it.

Work injury is currently considered one of the important and serious problems facing economic activity around the world, as a result of great industrial and technological development. This is why the legal importance of the need to create a strong legislative environment to compensate for work injuries and protect workers has emerged. This is why the researcher discussed during the research how to compensate for work injuries. In labor laws, retirement laws, and social security for workers, the researcher chose the inductive and analytical approach, and the researcher reached a set of results, including that the Iraqi judiciary only requested physical harm as a basic element in the occurrence of the injury, while the judicial decisions did not refer to the elements of external origin, or the element The suddenness or violence of the injury.

This research sheds light on the pillars of the crime of the employee’s fulfillment of the undeserved amounts, as he stipulated for the commission of this crime a special pillar, which is the supposed pillar, which is the availability of a special character in the offender, as well as the availability of the character of the money seized in the place of the crime, and also requires a material pillar represented in its implementation. In the material behavior that takes one of the two forms of demand or taking, and the Iraqi legislator added to it a third form, which is “the order to collect”, and the subject of the crime is one of the public financial burdens, the illegal collection of funds, and a moral pillar that is based on the availability of the elements of knowledge and will without the need for intent As well as the specific penal provisions for this crime. As a result of this study, it was found that the Iraqi legislation suffers from a legislative deficiency in dealing with this crime completely, which made the punishment of the perpetrator of this crime lighter than the punishment of similar crimes; Therefore, our study suggested to the Iraqi legislator the need to benefit from the experiences of comparative criminal legislation, by finding a new legal organization for the cases referred to in the study, by reformulating the text of Article (339) p. the necessity of increasing and aggravating the penalty; Because it is not commensurate with the crime committed, as well as the explicit text of the attempt to commit this crime..

The university student has a legal status that governs his presence in universities and institutes. This legal status is regulated by a set of laws, regulations, instructions and controls, according to which he is bound by a set of obligations and prohibitions that he must abstain from, such as the Student Discipline Instructions in Institutions of Higher Education and Scientific Research No. (160) of the year 2007 amended, in addition to his commitment to the regular laws that everyone must abide by. If the university student violates any of these obligations, his legal responsibility of all kinds is fulfilled. His administrative or disciplinary responsibility may be fulfilled, and his criminal responsibility may be fulfilled in the event that he commits an act that the law considers a crime. His civil responsibility is also fulfilled in In the case of his assault on the property of higher education and scientific research, the university student’s civil responsibility, like any other responsibility that results in consequences and consequences, is compensation in accordance with the general rules governing civil liability or inclusion by a committee formed in the educational institution such as the university or the internal department, and this is what we will discuss In our research, we then explain the most important results and proposals that were reached.

Electronic transactions in the contemporary time are among the most complex transactions, as the use of electronic media in contracts via Internet networks is one of the manifestations of development, as it is no longer just a means of exchanging or obtaining information, but rather has a role in commercial activities, the exchange of goods and services, and the completion of deals and contracts. The Internet has a wide scope and tracks the transactions concluded through it, making it difficult for a natural person to follow and keep up with them
As a contract via the Internet is a contract between two people present in time and place, as the two parties represented by the electronic agent and the electronic principal are in constant contact not only through writing, but rather it goes beyond being an audio-visual means, which is a means that achieves the contemporary virtual presence between the two parties through the Internet. The electronic agency contract is considered a contract like all other contracts. It must be subject to the conditions of the validity of the contract and the fulfillment of all its elements, and that the electronic agent is obligated in the electronic agency contract to do what he was assigned to do under the agency contract, in addition to the contractual responsibility falling on him.

The idea of cooperation between the legislative and executive authorities in the legislative field is one of the features of the parliamentary system, which is coupled with the principle of separation of powers stipulated constitutionally. This idea is based on the participation of the legislative and executive authorities in the powers granted to them constitutionally in a way that one authority does not exceed the jurisdiction of the other authority. As a result of this cooperation and participation in jurisdictions, there may be interference in the work of the authorities, which results in an imbalance between the legislative and executive powers. From here, the role of the constitutional judiciary appears, represented by the Federal Supreme Court, which the Constitution entrusted with the task of monitoring the constitutionality of laws and interpreting constitutional texts, so it has the role This is important in achieving cooperation between the legislative authority and the executive authority in the legislative field through its various decisions and rulings, which prevent one of the two authorities from encroaching on the powers of the other authority.

Contemporary researchers, thinkers, fair-minded politicians, and others have focused on promoting and establishing a culture of non-violence within societies, amongst individuals, as a way to eradicate the phenomenon of extremism, terrorism, and violence in all its forms. This phenomenon has plagued numerous societies around the world, particularly in Arab and Islamic countries. For instance, Iraq, once a land of peace, harmony, and known as the cradle of civilizations, is now suffering from the effects of extremism, violence, and terrorism. Islamic law and most secular laws agree on advocating for peaceful coexistence and social cooperation, guiding human nature towards goodwill that benefits humanity. Within this context, this research addresses the subject from a legal, religious, and social perspective, aiming to contribute to collective awareness on the importance of non-violence and positive interaction. The research highlights the importance of building trust, promoting stability, and fostering love among peoples, emphasizing the need to enhance communal awareness of these values. This awareness could replace misapprehension and misinformation, fostering unity and stability among citizens, regardless of their ethnic or religious differences, particularly in Iraq, a nation marked by its diversity. This work aspires to be a valuable contribution in reinforcing the values of justice, peace, freedom, democracy.

The responsibility to follow international law regarding humanitarianism and human rights is first and foremost delegated to the state. Humanitarian law mandates that states must take practical and formal actions, such as enacting criminal legislation and promoting international humanitarian law. Similarly, states are responsible under international law for making sure their laws are in line with the international mandate, international humanitarian law provides specific mechanisms to facilitate its attainment.

Recently saw the use of multiple e-payment cards in business transactions between individuals and banks Having become one of the important means in the trading community for the completion of commercial transactions that are the cornerstone of the advancement of trade by granting the holder the right to obtain financial money to the extent permitted on the basis of the contract with the issuer of that card, This has led to the increasing use of electronic payment cards as a sophisticated means of debt performance The electronic payment card is one of the most important facilities produced by the commercial environment in light of the technological development as a modern electronic payment method, However, in the light of this tremendous development in the field of technology, such cards may be illegally abused by the holder, whether the owner or anyone else. As there is no legal regulation regulating the use of the electronic payment card and preventing its misuse by the holder, which has led the issuers to uniquely establish the terms and conditions of its issuance, taking essentially into account their own interests without customers, Hence the problem of research, since the absence of legal adaptation of the illegal use of electronic payment cards is the problem of research The electronic payment card may be misused by the card holder or by the merchant or the issuer of the card. The electronic payment card was first introduced in Iraq's history after 2005. Banks began issuing the cards. The Bank of Iraq was at the forefront of the banks that started issuing the electronic payment card to the bank's customers.

Nationality is not a bond that accompanies a person from birth to death such that it cannot be changed. Rather, the individual may sever his a legal , political, and spiritual relationship with his country and choose the nationality of a foreign country. The right of the individual to change his nationality is recognized by most Arab nationality legislation, and is supported by legal jurisprudence. A right and a principle revealed in the Universal Declaration of Human Rights, issued by the United Nations General Assembly in 1948 AD, as it states in Article (15) of it: It is not permissible to control and deprive an individual of the right to change his nationality, and nationality is changed by acquiring the nationality of a state other than his original state, attributed to Development or change in international concepts of human rights, and the decline of the principle of permanent loyalty to the state. However, the nationality laws of some Arab countries do not allow a national to depart from her original nationality and acquire another nationality by naturalization except with permission, license and approval from her country of origin.

The guarantee is a contract between the guarantor and the guaranteed, transferring the debt from the
guaranteed to the guarantor in the agreed-upon manner. It is an independent form of the transfer, and its organization does not replace its organization due to the special provisions that distinguish it from it. It is a binding contract that cannot be independently terminated by either of its two parties, and is binding on both the guarantor and the guaranteed, as the latter is obligated not to demand the debt from the guaranteed, in return for the former’s commitment to fulfill it at the time agreed upon in the guarantee contract. The guarantee contract derives its legitimacy at the level of Iraqi law from the general rules that permit the contract to be related to any specific work or service or anything else that is not prohibited by law or contrary to public order. However, due to its special provisions, it needs to be organized as a named contract, similar to the transfer, guarantee, and other contracts.

The countries of the world differ in their administrative system, as they rely on two methods: administrative centralization and administrative decentralization, and because of the multiplicity of the state’s administrative duties and the complexity of its functions and actions, which is due to the continuous development in various aspects of life, which prompted countries to keep pace with this development, so they abandoned their central system, so their central authority abandoned... Some of its administrative functions were transferred to elected local bodies to exercise these functions independently while ensuring a degree of oversight over them. Here, administrative decentralization appeared. The importance of the topic lies in covering all aspects related to the legal personality and its types, administrative centralization, administrative decentralization, and applications of decentralization in Iraqi administrative laws, because its topic is one of the most important topics that affect the organizational entity of the state in the modern era. Here lies the problem that generates a main question, which is the nature of centralization, administrative decentralization, and applications of decentralization. In the Iraqi administrative laws, and to answer the problem at hand, we chose to divide our study into two sections. We devoted the first section to the legal personality and its types, administrative centralization, and administrative decentralization. As for the second section, we discussed the applications of decentralization in the Iraqi administrative laws, to reach results and

The holding company is a newly established type of capital companies, and it owns the majority of the capital in other companies called subsidiaries with the aim of controlling them and directing their activity according to its interests. The holding company is legally independent from its subsidiaries, which enjoy a legal personality. Despite this, the holding company remains administratively and financially in control of its subsidiaries and has the authority to make decisions as a result of voting rights in the general assembly due to its ownership of more than half of the capital of its subsidiaries. This results in the holding company being responsible for the debts of its subsidiaries.

God Almighty has legislated marriage and made it one of the most sublime contracts that man seeks to conclude in his life, in order to preserve the human race and the continuity of family life. He has made controls and conditions for it that must be available in order to ensure its continuity and permanence. Positive laws have also paid attention to the marital bond, by stipulating legislation that protects the most important rights of this bond, and sets an appropriate criminal penalty for it by stipulating it. Special provisions have been included in the Penal Code, including the crime of reaching an invalid contract, and other provisions in the texts of the Personal Status Law, and are embodied in several crimes, including the crime of not documenting the marriage contract, and the crime of polygamy in violation of the Personal Status Law. There are crimes that are free of text, including the crime of polyandry and the crime of marriage of minors. The research included many proposals that were reached through the research, which we included in the conclusion