Imam Jaafar Al-Sadiq University Journal of Legal Studies

The main objective of the establishment of the Iraqi Company for Bank
Guarantees, is to help small and medium enterprises in Iraq, to access official
funding sources through Iraqi private banks, the secured loans system aims,
also, to encourage banks to adopt modern methods of risk assessment and to
follow advanced administrative systems.
This was done according to the approval of the Central Bank of Iraq in its letter
9/3/1974 on May 7, 2009 and the approval of the Ministry of Commerce /
Companies Registration Department dated September 11, 2009 and in
accordance with the provisions of Companies Law No. 21 of the year, and thus
the company was transformed from a limited liability company to a private joint
stock company, and the number of shareholders in the capital from private
banks became 16. And the percentage of guarantee granted by the company
depends on the nature of each loan, but the percentage can reach 75% of the
value of the loan approved by the bank, and the company’s operations also
focus on developing institutions and building capacities in participating banks,
and the focus is on marketing the program to small enterprises. The company\'s
operations cover various parts of Iraq through the network of branches of
participating banks in various governorates, and the company works with
participating banks and other partners to identify promising economic projects
to help these small and medium enterprises.
In the face of all these goals that the company seeks to achieve, which raises a
question about the legal regulation of the bank guarantee contract for the case of
the Iraqi Company for Bank Guarantees, and we have come to the conclusion
that the approval of the company’s general assembly and the transformation into
a private joint stock company by increasing the capital and the entry of new
shareholders, so it has a legal entity Separate from its members, and operates
separately from its members, the company is not bound by the actions of its
members, members are not acting as its agents, it can own assets, property, enter
into contracts, sue, be sued, and its shareholders cannot be held liable for any
conduct of the company

Works of witchcraft and sorcery are considered immoral because they carry a
pernicious and sordid approach, in which the magician seeks the help of the
magician and the demon in order to cause harm to another human being, which
is known as (the enchanted), meaning the victim in this act that we did not find
the law criminalizes in a special deterrent text To these sorcerers and charlatans
and what they do from the acts of charlatanry and witchcraft in the right of
people by calling for the gathering of loved ones and authorship among them,
bringing livelihood and other immoral matters that may reach the robbing of
people\'s symptoms or inflicting harm on others, which may reach the point of
exhausting the soul by affecting the psyche of the enchanted and pushing him
towards suicide or aggression Others must be unconsciously stolen or deficient
due to diabolical acts of magic. This leads us to research the legal aspect of
these actions and the extent of the coverage of punitive texts. For such acts and
determining the appropriate legal conditioning in order to impose appropriate
penalties for the perpetrators of such serious criminal acts.

Oil occupies an important and essential position within the world economies, as
it represents a global strategic commodity and an essential raw material in the
chemical and petrochemical industries, and it is also versatile in either industry
or agriculture, in addition to its uses in the daily life of man, which made it an
important place within the frameworks of international trade. And a special site
in shaping the economic map of the world, and this research came to shed light
on OPEC's strategies to control global oil prices and their impact on the stability
of the Iraqi economy, this reinter economy that depends mainly on oil revenues
and is positively affected by the rise in the price of a barrel of oil and revives
and is negatively affected by the decline in oil prices So much so, he may face a
large federal budget deficit. Despite the great importance that oil plays for the
exporting and importing countries, its prices have always fluctuated from time
to time, which reflects negatively on the global economy in general and the
Iraqi economy in particular.
The extent of the impact of the mechanisms and strategy of OPEC to control
global oil prices represented by the strategy of reducing the price of a barrel of
oil, as well as following another strategy, which is to reduce production, and the
two strategies had a clear impact on the stability of the Iraqi economy, as oil
revenues constitute the main tributary of state revenues to finance the general
budget. It was found through the research that the Iraqi economy remains a
reinter economy unless the industrial and agricultural sectors are developed to
diversify the sources of hard currency.

Judgments are not issued except after a short or long course of procedures
carried out by the court and the litigants, and then it ends with a final ruling.
The legislator obliged it.
And if this is the original, then an exception to it is to give the court the
authority to review the judgment by other than the established methods of
appeal, in the event that there were written or arithmetic errors in the judgment
that occurred as a result of the transfer from the pleading of the case, or from the
minutes of the sessions, meaning that these errors have Its physical presence is
in the case file, it did not come from outside it, and it does not change the nature
of the judgment issued in it.
The judgment in its judgment paragraph may be ambiguous or ambiguous, and
in order for this ambiguity and ambiguity not to remain an obstacle to its
implementation in the competent enforcement department, the legislator has
permitted the just enforcer to request from the court that issued it to remove this
ambiguity or ambiguity by explaining it and clarifying what is ambiguous in it
provided that no This interpretation causes a change in the content of the
judgment.
And since the court is restricted by the requests contained in the petition, it must
deal in its judgment with all these requests, whether it is a response or a
response. Which issued the ruling to rule on what it overlooked, such as the
Egyptian legislation, including what made this deficiency a reason for appealing
discrimination, such as the Iraqi legislator. These three conditions will be the
focus of our research.

The right to strike is considered one of the rights and public freedoms and one
of the most important means of expressing opinion, provided that it is organized
according to controls and conditions that guarantee its exercise, and provided
that there is no extravagance on the part of individuals in its use. It is one of the
tools by which social balance is achieved among the other working sects of the
people, but this right is not absolute, but is subject to some restrictions and
controls that are required by the public interest, like all other rights and
freedoms, in order to maintain the guarantee of the regular and steady
functioning of the public facility. The occupational strike of workers is
governed by law Work and instructions issued by the Ministry of Labor and
Social Affairs. As for the job strike, it is governed by the rules of administrative
law, in particular the rules related to the public job and related to the regular and
steady functioning of the public service, which ensures its continuity and
regularity. Therefore, we will show in this research the legal regulation of this
right and the legality of its use, as well as the responsibility arising from
contravene it.

A The issue of the usual person is one of the important issues that play a role
in deciding the criminal responsibility and determining the penalty by referring
to it by the judiciary to put the penal text into practice where the judiciary
depends on it, whether this criterion is a personal criterion or an objective
criterion. These two criteria have a nature that adapts to the judgment of each
case to which they are referred. The importance of this topic is evident in each
of the material pillar of the crime, and in particular in the relationship of
causation and potential result and the moral pillar of the crime, whether the
crime was intentional or not. Therefore, we will study this research in two
sections, as follows: The first topic: the usual person and the material pillar, and
the second topic: the usual person and the moral pillar

The legal systems have known different types of companies, as the company is
considered the most appropriate legal receptacle for the purpose of employing
investors’ money in projects of importance, which brings benefit to the owners
of the invested capital as well as its great impact on the economy of the
countries, and the holding company has had a share of this interest since ancient
times among many of the countries and put detailed provisions for them
commensurate with the importance that this type of company enjoys among
other types, considering that it is a gathering of several subsidiary companies
controlled by another company to take over as a result of this gathering the
exploitation of huge capitals to carry out projects of a degree of importance, and
in view of those advantages, it has gained This type of company is of interest to
the Iraqi legislator, and its provisions have been established according to the
Iraqi Companies Law Amendment Law No. (17) of 2019, which stipulates the
definition of the holding company and the aspects of control over the
subsidiaries and the many features that this company enjoys that make it the
ideal type among the companies It is sufficient to refer the provisions of these
texts to the texts of the joint stock company with the basic degree and the
limited company to the extent that it can be said The holding company cannot
be considered a new form added to the other types of companies, but rather it is
a combination of several companies controlled by another company that takes
the form of either a joint stock company or a limited company through its
financing of these companies and thus achieving administrative control because
these two types of companies are based on the financial consideration, which
makes the The holding company is dominant over its subsidiaries
administratively and financially, as well as its interest in exercising the role of
oversight over these companies due to the benefit that its activity brings to the
benefit of the holding company as well as the private benefit for each of them

Sovereignty in its general sense is no longer the same as in the past. The
developments that have affected the international community have led to the
emergence of new concepts of sovereignty, exercised by persons other than
states, as the consequences of the recognition of legal personality by
international organizations led to their possession of a sovereignty that
transcends the sovereignty of its member states. It detracts from it, termed
functional sovereignty, which is seen as the framework from which the
international organization derives legitimacy, with regard to the functions and
objectives it undertakes to perform.

Extradition is a legal and consensual system between two states, then one of
them requests the other state to extradite a person on its territory, either to try
him for a crime he committed, subject to the law of the requesting state, or to
implement a judgment issued by its courts against him, and it is worth
mentioning that the state requesting extradition This person is called the
requesting state, and the other state is called the state from which extradition is
requested. In this research, we dealt with the effects of the extradition system. It
is noted that the effects of extradition result from each of the requesting state,
which is obligated not to punish the person except for the crime for which he
was extradited, as well. Facilitating the passage of the persons required to be
extradited to the territory of the countries. As for the requested country, the
legal consequences thereof are the implementation of the process of extradition
of persons, as well as the delivery of items seized from their possession

Social media sites are becoming increasingly important nowadays for
their uses There are many types of content, whether political, social and
entertainment, and beyond the importance of These sites are used in business
and economic activities, making Some take advantage of these sites to get
money by hacking pages Social media sites and theft of messages and
documents that the hacker exploits to obtain To obtain sums of money by
threatening to publish these messages and documents, the hacker uses several
Means to achieve its purposes, whether by using programs or fraudulent
methods, which causes harm For users of these sites, and thus check the
responsibility of the hacker for damages Thus, his claim for compensation,
which is often a certain amount of money, is subject to Court discretion.

Enforced disappearance has become a global issue, and it is no longer restricted
to certain countries, where previously enforced disappearance was limited to
dictatorial countries, either at the present time the phenomenon of enforced
disappearance is increasing widely when there is an internal conflict in a
particular country, or because of the migration of the population in an irregular
manner, Or it may be used as a means of putting pressure on opponents, or as
part of intimidation and ethnic cleansing, as enforced disappearance affects
basic human rights and may continue to the end to claim the lives of those
forcibly detained and without charge against them by a competent government.
In order to remedy the seriousness of the crime of enforced disappearance,
which is a crime against humanity according to certain conditions determined
by international law, the international community has resolved to combat
enforced disappearance and prevent impunity. Where it was established by
United Nations Resolution No. 61/177 of December, the International
Convention for the Protection of All Persons from Enforced Disappearance,
which entered into force in 2010 upon completion of the required ratifications
for (20) countries. , between the International Convention for the Protection of
All Persons from Enforced Disappearance and the domestic laws of each state
party to the Convention, in terms of the definition of enforced disappearance, it
is fully consistent with the Convention, provided that the definition includes the
three elements, namely arrest, detention, abduction or any other form of
deprivation of liberty. At the hands of state officials or persons or groups of
individuals acting with the consent of the state, as a result of which the
disappeared person is deprived of the protection of the law.

I am the International Law Commission, pursuant to General Assembly resolution 174 (II) of 21 November 1947. The original version of the Statute is attached to this resolution. The amendment to the Statute was adopted by the General Assembly in its resolutions [485 (V) of 12 December 1951] [984 (XI) and 985 (D) of 3 December 1955] [1113 (XI) of 18 December 1956] [1647 (XVI) of 6 November 1961] [36 39 (XVI) of 18 November 1981]. The symbols and dates of the General Assembly resolutions containing Amendments to the current version are included in the footnotes. Document code: 2Rev_4_.4CN_A.

Elections is the heart of democracy. There is no democratic system without integral, transparent elections with an elective reformation which includes partial or total reform within the legal framework of the elections to improve the way of expressing public needs in the results of the elections. Any reformation project in any state faces a group of obstacles which limit its success. The topic of the currnt study is the political obstacles. Reform opportunities depend on the available legal tools and the political framework used to call for reform. This study concluded the most important obstacles and ways of treating them on the legislative, political, and public levels. The results of the study aims at solving the crisis situation of the election system.

China's rise as a major power in the region and the world has challenged the
hegemonic power of the United States. In the current context, from the US
perspective, cooperation with China is essential for economic and security
benefits. In the field of global security, the United States has always considered
that China is a permanent member of the United Nations Security Council and a
nuclear state, and that the US-China conflict in the South China Sea could pose
a major threat to those countries.
The South China Sea conflict is currently on the rise. In recent years, the region
has become one of the most volatile in East Asia. China, Vietnam, the
Philippines, Malaysia, Brunei and Taiwan each claim sovereignty over
overlapping parts of the sea. This issue has caused diplomatic tension between
the claimed countries. In this article, we seek to answer the question of how the
escalation of the conflict in the South China Sea has affected Sino-US relations.
The hypothesis given in response to this question is that the escalation of the
conflict in the South China Sea has led to a full US military presence in the
region and the establishment of relations with the Philippines and Vietnam has
increased tensions in US-China relations