Risalat al-huquq Journal

Murder is a criminal offense punishable according to the criminal laws, but at the same time, assault on individuals is a source of civil liability and the consequent tortuous liability, which allows individuals to claim compensation for the damages they sustained as a result of the murder that affects a family member, and what it produces. In some cases, damage is represented by the loss of the breadwinner for the family, as well as prejudice to the feelings of the person and the psychological conditions and problems that his family or relatives will suffer. However, this compensation sometimes raises difficulties in assessing this compensation, whether it is material or moral compensation

The Iraqi Labor Law No. (37) of 2015, did not specify a concept of inclusion, nor did it specify the detailed provisions related to it, but rather referred to it in Article 137 of it; As a penalty imposed on the worker as a result of violating the rules of work; But there is no objection to taking it as an alternative to disciplinary punishment within the limits of the results that do not cause serious losses in a manner that does not conflict with the disciplinary authority of the employer, with the help of the general provisions contained in the effective Iraqi Labor Law and the effective Iraqi Civil Law No. 40 of 1951, taking into account the specificity of the application The rule of inclusion of the worker

Personal consideration in contracts represents the cornerstone of the extent to which the contract will continue to be implemented or not, and the Iraqi and comparative legislators have given importance to the qualities that are considered as personal consideration in civil contracts.
The personal consideration in civil contracts has important effects on the conclusion and implementation of the contract and in terms of persons. It affects the stage of contract formation through the characteristics that the contractor must have, such as experience, competence and reputation. recommended and others.

Although the sovereignty of the state over its airspace has been proven in international and internal law, the impact still results in many violations that occur from civil or warplanes when they enter the territorial air of a country, in addition to many other forms of violation of air territory such as espionage, air piracy and the imposed air embargo by force. Or exaggerated and intercontinental missiles, in addition to what may violate the atmosphere through the vibrations in it by using the electronic spectrum to store data or the use of electromagnetic rays to explore the features of the Earth’s surface by various means, and that these violations are illegal acts that require raising the responsibility of the state that did an act violation.

Among the issues that directly affect rights and freedoms is the issue of the formal conditions that must be met to regulate the criminal record, and before passing these conditions, a specific definition of the criminal record must be developed so that it is not subject to interpretations in a way that does not differentiate between the accused and the convict, and this is not achieved from Without legislation defining this precisely, but with regard to the formal conditions, we discussed the authority responsible for organizing the criminal record and what was the guarantee of protecting rights and freedoms Keeping it under the same authority that it currently follows or assigning it to another body that is close to the source of the judicial rulings issued in the conviction, and we also highlighted the determination of the proven, proven and effective technical means to demonstrate the existence of the criminal record, with the need to mention the required data in completing the formal requirements for criminal registration, and we ended in The conclusion of the research to a set of results and recommendations, perhaps the most important of which is that the term criminal registration was not specified accurately according to legal texts, and we made a recommendation to adopt a definition of it stipulated in the criminal registration law if I want to legislate it, as well as we concluded that the means indicating registration T time duration and ideas of jurists have contributed to develop, but with varying degrees of legislation.

Despite the importance of the principle of reciprocity and its role in the development of relations between states, its adoption may reflect negatively on these relations, which may amount to a threat to international peace and security or gross violations of human rights, which is one of the most important goals of the United Nations. Among the most important of these exceptions that we can place a limitation on the principle of reciprocity is the use of force, as the Charter of the United Nations prohibits the use or threat of force in relations between states because of negative consequences that threaten the international. Peace and security and disturbing international relations, and it is noted that the Vienna Convention on Diplomatic Relations of 1961 did not place restrictions on this principle, but the wording of the text of Article (47) was absolute, which may conflict with the goal of establishing diplomatic relations. Relations.

Human rights defenders seek to claim actions and protect human rights at the international and domestic levels, and given the absence of an international agreement defining their legal status and the absence of an internal law text regulating the legal status of defenders, the effective remedy lies in organizing defenders with an international agreement that establishes a mechanism for their protection, and obliges States to enact a law that defines their status internally and prevents the application of any other law that is not competent to them, and that Iraq grants international bodies the power to consider the individual complaint submitted by defenders, since the contact of human rights defenders with international bodies does not constitute a crime, but rather a right established for them under international instruments, And setting a standard that would diagnose the peaceful defender who preserves public funds based on the declaration related to human rights defenders, and here we can ask about the effectiveness of the protection provided by international human rights law defenders or is the defenders based on the protection of domestic law? Discussing and answering these questions will be the subject of our research.

Despite the radical transformations that took place in the Iraqi environment ,and the Iraqi legislator's adoption of a policy of openness and the growth of private international relations, his texts are still victims of the rigid formulation of the rules of attribution, especially the regional rules of attribution that govern non-contractual obligations (the tort liability) and non- material funds (moral funds), which suffice to achieve formal justice only ,so the judge deals with them as rules that define the applicable law without regard to the nature and specificity of the legal relationship before him ,as it does not give the slightest discretionary power to the judge and does not recognize the will of individuals choose the appropriate law that protects the legitimate interests and expectations of individuals.

The philosophy of the democratic system is based in its historical origins on the fact that freedoms or human rights are matters that no legislator is independent of, even if the constitutional legislator himself created them. Rather, what he lays down of the rules that he lays down is nothing more than a revealer of genuine rights .If this is the case, the authority of regulation cannot reach - logically - the limit of freedom or limitation, and this is in fact what the first charters of freedoms understood and expressed by the Declaration of Human Rights and the French citizen clearly in describing the effort of its authors as a mere declaration or disclosure of natural rights Immortal - and because democratic philosophy has favored considerations of freedom, however, many jurists did not understand the considerations of the system.

The legitimacy of the harm in the modern concept of competition is highlighted by the use of modern methods that can not be accommodated by the legal legislation governing competition,This idea is embodied in the existence of a person who is meddling with the effort of others without any competitive relationship between the two parties,The first idea is that the person who is spying does not cahguse any kind Damage, and therefore failure to achieve responsibility, as well as that this idea is not considered prohibited by Iraqi law, because it requires the achievement of competition between the parties, and here arises the problem of the legality of damage in the modern concept of competition and the type of action established in the event of damage. Keywords: legality, damage ,modern concept ,competition, suit, intrusion.

The basic idea of the subject of the research revolves around the knowledge of the provisions of relativity in civil law, because As far as we know relativism has not been researched and scrutinized, and we noticed that the both Iraqi civil law and comparative law didn't clarify the provisions of relativity in general Especially with regard to responsibility, so As it is known The violation of the legal act by its parties in any way, whether in non-implementation, defective implementation or delay in implementation entails liability regardless of its nature, so there is no difficulty here in achieving responsibility or not, but the difficulty arises in the case of breach of the relativity of legal act or a legal fact, so is violating the legal act the same as violating its relativity? this is also the case when relativism is violated by the foreigners in legal act so is he responsible? and if we consider that he is responsible than What is the nature of this responsibility? On the other hand relativity has many applications scattered here and there, and This leads us to say that it must be collected under a comprehensive framework, which certainly indicates a multiplicity of its sources, so it may be legal or arise by the will of the parties or jurisprudence, which in total constitute applications of relativity in civil law, and this is what we will discuss in the body of the research.

An employment the Trustee in Banktuptcy of the Banks can only be after following certain procedures taken by the court to choose the appropriate person for this task, and of course this is not by filing a so-called judicial receivership case before it, as there are no such cases filed against the troubled or bankrupt bank, and rather, this is as a temporary and preventive measure taken by the court on its own after filing a bankruptcy lawsuit against the bank. Therefore, it takes its decision to employ this custodian as a trustee of the bank’s funds until that lawsuit is resolved. It is logical for this person to be chosen according to the availability of conditions or criteria that make him a qualified person to gain confidence for that administration , and when these conditions are met, it becomes possible for this person to be among the persons chosen by the court for this task, and that is by following certain and specific procedures from the Banking Law, although their identification in this law is based solely on the specificity enjoyed by the competent court in employment it and the nature of its cooperation from the supervisory authority on banks, namely the Central Bank, since the Banking Law did not address the details and details of these procedures ,the procedures are due to the presence of the general provisions regulating them in the Civil Procedure Code.

Despite the keenness of the International Aviation Organization (ICAO) to keep pace with the development of air traffic requirements, in order to put under the hands of the air traffic controllers the latest findings of modern science in terms of technology; To assist the air traffic controller in performing his work with precision, perfection and achieving air traffic safety However, there are multiple obstacles encounter the work of the air traffic controller that affect his performance of the obligations entrusted to him. Some of these obstacles may be due to technical factors such as non-compliance with air safety standards and congestion of airspace and airports.Some of them may be due to organizational and material obstacles, which are among the most serious obstacles to the ability of the air traffic controller to perform his obligations at the present time.

The state authority of the administrative judge is authorized to issue urgent judicial orders that preserve the legal rights and positions. The legislator's direction towards regulating the legal provisions for issuing orders for petitions in the procedural law and applying these texts by the administrative judge may give individuals the right to use such license in the face of the authorities of the public administration, and in the event that it entails several direct legal effects, by acquiring the legal order and the executive force, and also extends those effects to the management of the issuer of the decision and others who did not participate in the request to issue the order .

The methods of managing rights and acting in information works play a role in finding aspects of legal protection for the right holder , there is no value for the fruits of the human exerted by the author unless it is fortified and fortified by a competent professional body that is responsible for addressing the best benefits for the author , as well as its effective role in marketing his innovative product , and his innovative product , and his legal representation in front of al-Aguirre in accordance with the rules and foundations that may differ between the legislation of the comparative countries , which is an additional way to achieve protection The civil ity of the works of informatics , and after the development of the means of making available , disposable or copied of such works and other creations , has made it difficult to control the author,s exploitation of his work as soon as the facilitation of the modification , copying , photographing or storage of works , all of this compounds the need for traditional and digital pillars necessary to complete the modification or copying for pure personal use , and the author or other owners of the right in return cannot Financial follow-up of all the resulting mother . Some legislation is limited to keeping up with this , which has raised doubts 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 rights , thus reaching a situation where there is not content with existing texts and means , and trying to accommodate those technological variables , and this has resulted in the establishment of law management offices , and the mechanism of this is not limited to the radical texts that exist but legislation to those offices and their rooting.

The family is the first social unit with which the child interacts and takes upon itself the basic social upbringing. Although it is considered the simplest and first form of human gathering, it is nonetheless the first field for the individual to enjoy his rights, starting with his right to breastfeed, nourishment, obtaining a suitable name, and leading to development. His sense of dignity and its value The idea of human rights in the past in human history began to crystallize since the eighteenth century BC and its end. As for the concept of human dignity in Islam, it means: “The human being is considered in the Islamic concept as one of the most generous and honorable beings, and for his sake God Almighty subjected him to what is on earth, and granted him the grace of reason, thinking and management. Protecting the child and his dignity from domestic violence and comparing all of that with the relevant provisions of Islam.

The principle of non-violence is one of the principles that are based on a number of nonviolent means. It is one of the principles that have been followed in political and social work more prominently than others. It often resorts to arousing the conscience and morals of the opponent or at least the public.
But this does not mean that this principle has no effect in the legal field, as the principle of non-violence does not mean surrender or submission, as it is possible to rely on this principle to achieve the goals, rights, and freedoms that those who are subjected to persecution or deprivation aspire to obtain or recover. Extreme self-control is a higher end and yields better positive results than a violent approach. Through the research, we found that this principle has an impact and can be followed by official and non-official bodies, whether internal or external and even for ordinary individuals, which called us to shed light on this principle and discuss it from a legal point of view, because of its impact in the legal field.

The crime of cheating medicines and medical preparations is one of the crimes that affect the preparation of not a few and thus threaten the entity of the state and weaken its economy, which requires the legislator to provide procedural provisions for it. Punishment, investigation, knowledge of the person responsible for it, and a statement of the court in which it has jurisdiction. These procedures are included in the stages of the preliminary investigation and trial. Initiating a criminal case in the crime of cheating medicines and medical preparations means following it up before the investigation authorities or the court until the issuance of the ruling, and in this way it differs from its use or practice; Because what is meant by use or directness is to define the function of the authority concerned with it, and as a general rule it is for the public prosecution alone as a representative of the community, so it is held in his name and for his benefit, except that the public prosecution cannot be aware of all crimes; Because there are crimes that require accurate technical knowledge that a member of the public prosecution may not have; Therefore, it is necessary to authorize people other than the public prosecution to carry out this task

That the Iraqi legislator has taken into account when drafting the texts of criminalization and punishment in kidnapping crimes care and attention to certain cases, including what is related to the means used in the commission of the crime such as coercion that comes from the perpetrator against the victim, forcing him to do an act, or abstain from it, it either eliminates the freedom of will in The choice, or narrows it down, while others relate to the characteristics of the victim, such as young age, or sex. And we divided the research into two sections, as the definition of coercion, its types and conditions were clarified, as well as the justifications for tightening the penalty for the crime of kidnapping under duress. The research followed a conclusion that included the most important findings and proposals, as it was found that there are shortcomings in the Penal Code by not providing for the crime of kidnapping adult males, as well as the unjustified distinction between males and non-adult females in punishment, and we proposed in this field to amend the Iraqi Penal Code No. ( 111) for the year 1969, amended by reformulating the penal texts related to kidnapping crimes in general, and forced kidnapping crimes in particular.

This research deals with the concept of objecting to the default judgment and its impact on implementation in the Iraqi Civil Procedure Code compared to the Arab laws, and the objection to the default judgment as an ordinary appeal against judgments in absentia submitted by the person who issued the judgment in his absence, requesting its nullification or amendment .The importance of this research: is reflected in the importance of the objection to the default judgment and the extent of its impact on the implementation procedures in practical application, and the Iraqi legislator keeps it the way of appeal. Research problem: It is represented in the extent of the severity of the execution of judgments in absentia if the plaintiff relies to prove his right on ordinary documents and fails to prove his evidence and obtains a judgment in absentia against the absent opponent .The research was divided into four sections: In the first section, we touched upon the concept of objecting to the default judgment and the provisions that are acceptable to appeal through two demands. The second topic: where it dealt with the characteristics and conditions of the objection to the default judgment and its conditions, in two demands. As for the third topic: dealing with the effects of the objection to the default judgment in implementation. And that is through two demands, and the fourth topic: where it deals with the ruling issued in the objection and its impact, and that in two demands .The researcher reached a number of conclusions and recommendations, namely canceling Article (41) and Article (118) of the Iraqi Evidence Law No. 107 of 1979 to protect the absent defendant (the litigant) who did not attend any of the pleading sessions, as we explained in the reasons for the research.

Today, the rules of attribution now include a social value, which is represented in the protection of the weak party, whether in contractual relations or in other matters (for example, protecting the interest of the child).
And because the rules of attribution cannot be isolated from the rest of the other legal rules, which are characterized by a protective character, so this influence began through the infringement of the rules of attribution in the context of the conflict of laws from achieving the traditional function, which is represented by the desire of states in the first place to focus the private international relations that include the foreign element In a particular legal system, through the so-called rules of attribution, which indicate the desire to mitigate the burden of applying the principle of territoriality of laws, and try to reach the applicable law, by focusing the relationship in dispute with the law most relevant to the relationship, and trying to find the most appropriate and fair solutions in the view of The conflict judge for these relations, to shift towards achieving the modern role.

The increasing needs of individuals collided with the limited resources available, and this shows the importance of the role of the administration that works to reconcile that, hence the need for the competence of the judiciary to supervise the work of the administration that affects the lives of individuals and its ability to oblige the administrative authorities to carry out their activities in a way that guarantees a free and decent life in various areas that keep pace with life developments.

Determining the control under which the commercial work is determined is one of the issues that were and still constitute a wide jurisprudential and legal debate, so most of the legislations did not follow a fixed standard in determining what is considered commercial or not, as some legislations tend to revenue some business, for example, while it goes Some of them refer to the definition of businesses that are considered commercial exclusively, in addition to the different views of commercial law jurists in setting a specific control, and this situation has led to ambiguity of the objective scope of commercial law, and the situation requires that we be in front of a disciplined standard by which to measure the work that is considered commercial.

Undoubtedly, the wage is of great importance to the worker, as it is the main source of providing a decent and happy life for the worker and his family, and therefore once the work relationship is established between the worker and the employer, and the contract of work is concluded, here the wage element that represents the basic pillar in the work contract is available, and unlike the work Voluntary and this relationship does not arise between the employer and the worker. The person is obligated to provide the necessary necessities and requirements for his family members, such as food, clothing, drink, shelter, etc. among other requirements. The wage falls on the employer when the worker finishes performing the work entrusted to him to the fullest extent. The wage is the most important pillar of the work contract.

Is a commercial advertisement message from the advertiser to the consumer aimed at changing patterns of consumer behavior so that exhibits this consumer behavior, which declared it meant, and by virtue of this trust conferred upon the public to declare shall on advertisers and advertising agencies and those who made the announcement to strengthen the confidence to rise an ethics and a sense of responsibility towards the consumer as a component tools geared major in economic life so it shall determine the responsibility of both the advertiser and the advertising agency and advertising tool to make it easier on the consumer refer them compensation.

Financial damage is one of the most important forms of damage, which does not differ in terms of source. Damage may occur due to mistakes or illegal attacks, so potential financial damages occur through terrorist acts and their means of financing, but it seems that financial damages are the most common impact on them, and the emergence of new types of crimes At the international and national level, the seriousness of these criminal activities has increased to the point where states are unable to confront them alone, and the legislator has tried to confront these crimes by deterring the perpetrators and compensating those affected by these acts (terrorism financing), and the potential financial damages arising from terrorism financing are qualitative damages. It is of a special nature, especially with grave and unimaginable effects in other crimes. Financial damage and missed opportunity are among the most prominent of those effects.

The holder of a pharmaceutical patent has the right to actually exploit the pharmaceutical invention that he has reached by himself or by other people under his supervision, and given the need for the pharmaceutical industry to require huge capitals because it relies mainly on continuous research and development, the holder of the pharmaceutical patent may not have those capabilities. To exploit the patent or his inability to exploit the patent for any other reason, the state may intervene and exploit the pharmaceutical invention without the need to obtain the approval of the patent owner, or it may grant specialized companies compulsory exploitation licenses for pharmaceutical inventions by virtue of the previous activity, when there is a necessity for that, or in the case of The patent owner's failure to exploit it, and here we are a compulsory license for pharmaceutical inventions.

There is no doubt that domestic violence is one of the negative manifestations that has begun to spread in most societies for many and complex reasons, and the Kurdish society has faced such manifestations through its legislation of a law on combating domestic violence, but this law did not reduce this phenomenon sufficiently due to the presence of a continuous development in forms and types Violence, so our case study came to analyze the domestic violence law to show the weaknesses or loopholes that may exist in the law.