Risalat al-huquq Journal

After the success of the Islamic Revolution in Iran, and the declaration of the republican system in 1979, based on the guardianship of the jurist and the Shure Council in power with the presence of elected institutions, internal and external developments occurred, especially after the recent events in the Middle East, including the occupation of Afghanistan and Iraq and the fall of a number of Arab regimes through the movement. Popular and internal developments in countries neighboring Iran had a role in the emergence of protest movements in Iran that also seek to bring about change within the structure of the Iranian political system and seek to bring about a change in the rules and regulations in force within society through the visions and orientations adopted by these movements. This, in part, has become an obstacle at the present time for Iran to continue searching for roles or influence in the region.

The establishment and construction of Infrastructure is important, in view of the Commercial and economic contributions achieved by these projects development of any country, and therefore no country In the world can do without For these projects, which are considered necessities that contribute to the progress of the country on various At all levels, Infrastructure is the basis for the development of countries, because It represents the main Interface that It Is promoted by the host country for this investment, and these projects include the establishment of power plants Electricity, establishing and developing wired and wireless communications, and setting up water treatment plants And connected through pipes, In addition to various areas of sewage, gas connections, And the establishment of infrastructure projects that Include the construction and construction of roads, bridges, dams and canals In addition to public transportation projects that include the construction of airports, ports, railways, and the like, In addition to education, health and industry services projects

.The tremendous development in private international relations has led to a change in the perception of the rules of attribution as a rule that is neutral towards the requirements of reality prevailing in the legal system of which it is a part, and this requires changing the justice that the rule of attribution seeks to achieve from formal justice to material justice that leads to finding solutions Realistic rationality that reflects material results based on texts sometimes and reason at other times, as the judge finds himself in the method of attribution restricted from Etihad in order to reach the most appropriate laws for ruling the dispute and that fulfill the function of the rule of attribution, and that these restrictions and failure to meet the requirements of reality have produced and contributed to Creating new curricula that are more responsive and in harmony with reality. The objective rules approach and the necessary application approach have emerged. The question that arises is what is the attribution base approach? How do these curricula contribute to meeting the requirements of reality? What is the nature of the relationship between them.

The research dealt with a vital topic in the field of the electronic world. The research aimed to shed light to determine the provisions of the electronic commercial advertising space contract, especially in light of the spread of advertisements via the Internet, the growth of electronic commerce, and the increase in the number of Internet users. The use of electronic commercial advertising space in the field of advertising is a fait accompli that all projects have resorted to, as a result of the techniques and methods that the advertising space contains, and thus it helps to attract consumers. As the traditional advertising space is no longer productive or appropriate in terms of its costs compared to the electronic advertising space; The reason is due to what the latter achieves in terms of reaching the advertisement it broadcasts to the audience very quickly. Thus, this will lead to an increase in the percentage of views of the advertisement published through the electronic advertising space compared to the traditional advertising space

Legal empowerment contributes to women’s knowledge of the reality of their legal status in terms of rights and duties, enabling them to exercise the rights approved by various legislations. Perhaps family laws, clouding the Personal Status Law, are among the most important laws directly related to women’s lives and surrounding them and the rights they include for women, which in turn gives impetus. Great for empowering women legally The Iraqi Personal Status Law has sparked great controversy among jurists and organizations that defend women’s rights regarding the adequacy of its rules in achieving the legal empowerment of women Therefore, this study focused on the necessity and importance of empowering women in all aspects of life, especially legal ones, because they provide stability for rights and stability for social, economic, and political conditions. This is through an objective analysis of the principles and theories included in this law within the framework of family relations that it regulates related to the term empowering women, whether in matters of the marriage contract and its consequences or issues of divorce and what is related to them, in addition to the rules of inheritance and the amendments made by the Iraqi legislator that contribute In achieving empowerment for women And deducing the places in which empowerment was made the basis of the text and showing signs of considering empowerment as a gal, social, or economic necessity, and in return, explaining the places in which the Iraqi legislator declined to consider empowerment despite its importance. There is no doubt that this is a deficiency in legislation that should be remedied

This study dealt with a vital subject in the field of civil law, namely the significance of the provisions in civil legislation and the study aimed at highlighting the development of a general theory of meaning because of the abundance of texts in this term, Since so many faces have led to much to question this term, what is its significance, what is its origin and whether its existence in legal texts has an effect or not, when reference is made to the text of the article. (79) of Iraqi Civil Code No. 40 of 1951, which gave freedom of expression of will and the means of expressing them did not identify a particular means but gave the possibility of expressing will in any way that was important to lead to the events of legal effect, Because of the evolution of contemporary life in sufficient economic and social aspects aimed at establishing the factors of stability and social solidarity, this is achieved only through the expression of will. In our view, the implication or implication of the will has not attracted attention either in legislation, and the legislation has not defined a definition of the meaning or indicated it. Its role, its types and its most important implications. Hence, we embarked on the idea of the study because of the need to seek out this topic. We may then come to a general theory of meaning, and we will try to demonstrate the concept of connotation, its types and its role as well as the impact thereon.

Constitutional texts are dominated by the principle of consistency. However, the constitutional judiciary seeks to make it amenable to dealing with emerging matters in society in a way that guarantees its continuity and gives it life, which requires its interpretation, and the constitutional judiciary in order to reach the correct meaning of the constitutional text and the will of the constitutional legislator may use interpretive methods The most prominent of these approaches that balance the stability of constitutional texts and the continuous change in society is the approach of the living constitution, and we note that the constitutional judiciary, in order to protect the terms mentioned in the constitutional, may resort to the approach of the living constitution in interpreting the constitutional terms or the texts or principles that include these terms .

Administrative reconciliation is an amicable path that leads to resolving the dispute before the court without the need for a ruling to be issued on the matter. If it is undertaken, it generates significant effects that would facilitate the reconciliation parties to resolve the dispute easily and relieve the court of lawsuits that simplify their amicable resolution, as reconciliation arranges The administrative reconciliation has the same effect as the judicial ruling with the expiration of all rights and claims that were the subject of the dispute, except that the main difference with the judicial ruling is that it creates final effects that make it impossible for the court to review the dispute again, in addition to the fact that the administrative reconciliation has limited effect only for its parties, unlike the ruling. Judicial law, which may extend to include others. Regarding a question from some that may be raised by the existence of provisions similar to reconciliation to a certain extent that eliminate the administrative case, such as abandoning the dispute or waiver, what then is the need for reconciliation? It has become clear to us from the research that resorting to reconciliation is by the will of both parties and not by either of them, as is the case with abandoning litigation or concession. In addition, reconciliation produces an effect whereby the two parties are prevented from reclaiming the dispute that was settled by reconciliation, in contrast to some provisions such as abandoning litigation, which allows the plaintiff after abandoning the lawsuit. To re-claim his right before the judiciary again.

After the development of technological means cast a shadow in the increasing cases of infringement of the rights contained on the works of information technology, in which some legislation stood limited to keeping up with this, which raised doubts about its usefulness and its inability alone to face the imminent danger, which led the competent authorities to mobilize their efforts to confront this and protect the rights, thus reaching the state of not only protecting those works with existing texts and means, and trying to accommodate those technological variables, and Recent jurisprudence and legislation have alerted them to the importance of the role played by mediation and conciliation efforts and have begun to address them as objective means of resolving the disputes of information works, so that the paths of friendly settlement have become the most acceptable and preferred not only among the disputants but also with the authors of legislation, and there is no doubt that the use of such endeavors in the field of information works has its reasons that may be of a legal, economic or international nature, and the International Information Network has cast a shadow both through what is known as contracts Technology transfer

One of the manifestations of the state’s sovereignty within its territory is the application of the law to all individuals, and the submission of everyone within its territorial borders to the provisions of the law, including foreigners. Who authorizes him, and sometimes it is judicial, as the law grants the competent court the authority to issue a deportation ruling against the convicted foreigner, which is called (judicial deportation). , and there are cases in which the law obligates the competent court to rule on the deportation of a convicted foreigner, and that the reasons on which the judicial ruling of deportation is based are the criminal danger of the foreigner and the violation of public order, in addition to that the effects of the judicial deportation of the foreigner are the same as those generated by the administrative deportation, except that it does not It is permissible to include family members of a foreigner who has been judicially deported by the deportation ruling.

The inflation in the number of administrative cases and the resulting delay in their consideration by the administrative judiciary courts in recent years has sparked special interest in developing non-judicial methods for settling administrative disputes. Some countries have sought to benefit from the advantages that result from applying these methods to create a system Justice is more humane, more flexible, faster, and less expensive in a way that leads to improving the quality of the relationship between the administration and citizens. There is no doubt that mediation in administrative matters is one of the most prominent non-judicial methods in the field of settling administrative disputes, which has been clearly reformulated in recent years through Many legislations. Through these legislations, it appears that the public authorities are moving towards encouraging the resort to mediation in settling administrative disputes, which calls into question the importance of adopting and activating mediation as a means of resolving administrative disputes within the framework of Iraqi legislation, in light of the efforts made by the state to enhance the protection of the rights and freedoms of individuals on the one hand and develop Alternative mechanisms help reduce the burden on the administrative judiciary, which is still young on the other hand.

The development that the world has witnessed in various technical and technological fields and methods has reduced the effort, time and costs required to conclude any electronic contract. There is no doubt that any electronic contract cannot be concluded unless its elements are gathered together, including mutual consent, which cannot be achieved unless it is built on a valid offer issued by those who are entitled to it. It is possible to arrange the legal effects on it if it is coupled with acceptance, and here the importance of the electronic offer in financial transactions, whether internal or regional, is highlighted, which is what led us to choose (the legal framework of the electronic offer and its impact on the formation of contracts - a comparative study), as the title of our research.

The ownership that humans have known since God - glorified and exalted be He - created them, has grown in importance over time and has come to influence not only the economic system, but also the political system. This ownership has been widely abused, becoming a means of oppression, domination, and influence for its owners, leading to severe conflicts within society. The political system of countries now looks at ownership from the perspective of private property, prompting us to research such a topic.This study focused on public law, while also delving into private law such as civil law, to maintain the necessary integration in the subject matter. Some of the key findings of this study include:
1- Private ownership in our day has become a social right, serving the beneficial purpose of achieving the interests of the owner and societal interests. When these interests conflict, the public interest outweighs the private interest, a concept supported by the constitutions of different countries.
2- By discussing the general principles of the right to ownership in different ideologies, we find that capitalism is a purely material system based primarily on private ownership of the means of production, which has been unjustly exploited. Socialism advocates for the transition of private ownership of the means of production to public ownership regulated and controlled by the state.

The accessory intervention in the Cancellation lawsuit is considered a party subordinate to the original party with whom he joined, His fate is linked to the fate of this opponent, If Waiver the dispute leads to the disappearance of all measures taken in it, It leads to the end of this intervention whenever it results in the end of the dispute with respect to the original adversary joining it, However, with the possibility of multiple Claimants or defendant administration entities in the cancellation lawsuit and Waiver occurring by one of the Claimant or against one of the defendant administration authorities, The effect of Waiver on the accessory intervention depending on the situations resulting from the previous contents, The nature of the Cancellation lawsuit also requires limiting these effects, as it assumes a more independent position for the accessory intervener,

unlike what is the case in the realm of personal jurisdiction.

One of the latest developments in the scientific revolution in the field of biomedical and biological sciences is the development of technologies
A novelty to aid pregnancy as an alternative to the natural course of sexual intercourse, to be -
In front of an embryo in whose existence scientific development played a major role, namely laboratory-fertilized embryos, which I might call
Embryos of scientific developments.This development has many effects and consequences, perhaps the most important and prominent of which is the use of these fertilized embryos -
Laboratory as a place for scientific and medical experiments and research. In the face of this new development, which may lead to prejudice -With human embryos and vaccines, and the widening circle of illegal practices on them, it has become necessary to restrict this.Developing a set of controls and restrictions that prevent this, and establishing legal protection for it, and this is what we will explain after clarifying the meaning of medical experiments and their types, the extent of the legitimacy of performing them on fertilized embryos, and the position of Islamic jurisprudence and positive law

The Internal Security Forces courts are an important part of the criminal justice system in the country, as these courts represent the competent authority to prosecute violators of the laws and regulations of the internal security forces, and issue judgments in their regard. vital and important while performing their work, whether in the context of maintaining security, public order and public peace, or because of mistakes committed by them while performing their job duties assigned to them.The Internal Security Forces courts operate according to special regulations and regulations that define their powers and legal procedures, and are characterized by the speedy completion of cases and the achievement of justice as quickly as possible. However, it enjoys independence and discrimination in issuing judgments, and operates in accordance with the laws and regulations in force in the country.

Public loans have a legal formula established by laws, meaning that the loan contract is a legal contract that entails the necessary condition for concluding the contract through the process of issuing the public loan. The text of this contract specifies the loan amount, the issuance price, the repayment period, and the offering of bonds. If the state puts public loan bonds in the markets The bond itself constitutes a contract in which the amount and repayment period are clearly stated. It is sold at the market value, which is usually less than the nominal value by the amount of interest, and the state must repay at the maturity period. All of this was organized according to legal foundations, especially in Iraq, Egypt, and Lebanon. Accordingly, the study The legislative foundations for public loans had to be divided into two sections. The first section was devoted to studying the process of issuing public loans, their conditions and methods, while the second section was concerned with studying the legislative foundations for issuing public loans, including the constitutional and legal foundations in Iraqi and comparative legislation for both Egypt and Lebanon.

The spread of toxins is one of the most serious problems facing society, which threatens all segments of society alike, and in all health and social aspects. Its effect on the body varies according to the type of poison used, whether it is chemical, vegetable, or even medicines, which today constitute a source of poisons. , as one of the criminal means used by weak-minded people in committing their crimes; Because of the ambiguity surrounding this type of crime and the accompanying difficulties in detecting it; This requires the investigation authorities to take more serious measures to detect the presence of toxins. It is represented in the use of other sciences such as forensic entomology as one of the methods used in detecting toxins even after the burial of the victim’s body and the passage of a period of time. The regulatory bodies or bodies for the detection of plant toxins and medicines are part of the work of the investigative bodies to prepare evidence of evidence, reaching the essence of the criminal case, which is the penal ruling that entails one of the legal effects of aggravating or mitigating the penalty, or even exempting from it.

The legal studies tends towards establishing universal approach especially in the relation between the court and the tribunal with the international law rules; from the another side for the great importance of the tribunals in the field of development of these rules; and the compromising between them and what done from the transformational on the international trade. The conflict rules are considered a translation for the harmonizing that may accrue between the legal systems; to find the best solution to achieve the legal certainty .As well as the legal security by the explanation of the subjective and o objective rules according to universal approach with states needs this will g guaranteed presentation of the factual vision about the strongest and weakness elements by the operation the rules of private international law in national level by the review of the study o f the legal rules which are not agreement with economic systems . all these matters will be in the center of our research .

Artificial intelligence raises many issues at the level of proof. In light of the trend towards electronic life and artificial intelligence controlling it in one way or another. the traditional rules of civil proof may be ineffective. which calls for research into how to deal with artificial intelligence. given its positive and negative role on the evidentiary process. by extrapolating what the term artificial intelligence can indicate. knowing what is meant by its nature. and analyzing opinions according to current legal provisions. and due to the lack of legislative provisions regulating artificial intelligence as evidence of proof. this requires legislative intervention to control the provisions of artificial intelligence in general. and define its role in proof. In particular. since artificial intelligence has the ability to simulate humans in decision-making. it therefore has an independent nature that makes it have legal personality. in addition to the accessory nature. Sometimes it is independent evidence in itself and sometimes it is part of another piece of evidence. and it affects the proof in two opposite directions. one of which is There is a negative and a positive one. which requires a precise understanding by the judge in evaluating the artificial intelligence upon proof.