Imam Jaafar Al-Sadiq University Journal of Legal Studies

The importance of the topic lies in clarifying the provisions of compensation for
damages to persons or funds as a result of traffic accidents on the roads, given
the large number of collisions between vehicles and damages to persons from
death or bodily injury or to property from loss and damage, and these damages
may occur as a result of the driver’s mistake or As a result of a defect in the
vehicle, a defect in the road, or as a result of the fault of others, or because of
force majeure or a sudden accident.
In this research, we try to explain the concept of compensation resulting from
vehicle accidents that are subject to the provisions of compulsory or test insurance,
and what are the risks covered by insurance and study the limits and scope of
liability, and is the (foreign) non-Iraqi car that passes through the state (transit)
obligated to pay compensation by insurance from accidents? Are government
vehicles subject to accident insurance?
We divide this research into two sections, in the first we deal with the provisions
of compensation from vehicle accidents, and in the second section we study the
way and how to pay compensation and its procedures for accidents arising from
motor vehicles .

In this study, I dealt with the issue of loss of nationality by
deprivation and its impact on human rights, and it has followed
a scientific approach, using a logical analysis of the
development of the problem of deprivation of nationality and its
relationship to preserving the state\'s national interest.
This thesis was divided into two chapters. In the first
chapter, we dealt with cases of loss of nationality, through two
sections. In the first section, we dealt with cases of revocation of
nationality, and in the second section, we reviewed the reasons
for deprivation of nationality by drawing.
In the second chapter, we dealt with the impact of
deprivation of nationality on human rights, through two
sections. The first topic dealt with the impact of deprivation of
nationality and human rights, and in the second section we
reviewed the reconciliation between the state’s right to strip
citizenship and human rights.
At the end of the study, we came out with a set of results,
the most important of which is that the deprivation of nationality
results in the individual becoming a foreigner in all respects, so
he does not enjoy the rights of holders of the nationality he lost,
and if he remains on its territory, it is governed by the
nationality law. By penalty, that is, deprivation of citizenship by
withdrawal does not apply to the wife of a naturalized citizen unless the decision to withdraw citizenship is issued in that it
includes the wife. As for the children of the naturalized whose
citizenship was withdrawn, they retain the father’s citizenship
and are not stripped of it.

Commercial international adjudication is one of the modern and
innovated in judicial judgment in disputes in courts especially between
countries. This will help them in two sides: the first, the speed of
decision and this matter is very essential in commercial deals because
time is crucial in transactions. The second one is avoiding local courts
because in some cases local courts could not give fair decision because of
hesitation and bias.
One of the obstacle in dealing with commercial international
adjudication is the implementation of decisions in some countries and the
main cause is some decisions stand against the concept of sovereignty
and the authority of local courts and other things. So, it is essential to
establish general rules in order to implement the rules of adjudication to
give rights to all parts in internation al commerce.

The right to withdraw from the contract is a legislative right of the
consumer, which can be exercised within the period specified for it, and
within the controls established for it, and when exercising it restores the
situation to what it was before the contract, it lies in protecting the
consumer from fraud and haste in concluding the contract without full
knowledge of the Contract content .
The consumer is the axis around which all the legal texts contained in
consumer protection laws revolve, and he is the direct reason for the
legislation that restores the balance between him and the professional.
The legislator has made this right two forms. The first is before the
conclusion of the contract, and the second is to return after the
conclusion of the contract
The right to withdraw from the contract is discretionary, as it is a
purely voluntary right whose discretion is left to the full will of the
consumer, in accordance with legal controls. It is a right that affects the
binding force of the contract, and constitutes a departure from this
principle, as it is a legal obligation on the professional, producer or
supplier. It is a legal tool that the legislator enables to the consumer
during remote contracting, within the framework of his keenness to
protect the rights of an organization and establish controls, and he called
it the right to refer to remote contracting.

The Liability Law No: 31 of 2015 is aimed to protect the
public funds. Pursuant to this law, any public employee, who is
charged with causing damages to the public treasury as a result of
his/her negligence or default is obliged to bear all the costs of such
damages. The minister or any authorized party or the governor or any
of his authorized person shall format an investigating committee.The law has given the defaulting employee the right to appeal against
the committee decision within (30) days. Against the Judiciary
Administrative Court within (30) days of knowing the decision.

The project brings together the two parties to the work contract, which are the
worker and the employer. Within this organization, mutual rights and obligations arise on both parties, and it includes material and non-material
means that interact with human efforts to make that project succeed. This
interaction results in a relationship between the parties to the project that creates
an administrative and disciplinary authority for the employer on the worker and
against a commitment The latter by submitting to that authority creates rights for
him, and the powers granted to the employer within the project are only
directives issued by the employer vis-à-vis the worker in addition to the
penalties for the worker, and they are either disciplinary penalties such as the
transfer of the worker or the suspension of the worker from work or dismissal E of it, or that these are moral sanctions Kaltenbah or warning, or cut pay, or to
postpone the granting of worker annual increase, or withheld from the year in
which the infringement occurred .

The main reason for the formation of the amended contract is the
change in the circumstances surrounding the basic contract, so that the
implementation of the contract for one of its parties is cumbersome,
especially in long-term contracts whose parties desire a measure of
stability in their transactions, as in concession contracts, supply
contracts, contracting contracts and insurance contracts, which are
subject to change The surrounding circumstances, which will affect the
elements of the contract and the obligations of the contractors will be
affected accordingly.
The change of circumstances surrounding the contract that are
diverse as a result of the type of contract concluded between the
parties, whether it is economic related to raw materials, manufactured
materials, implementation, or as a result of a change in the level as in
sports professional contracts, all causes lead to a nodal imbalance
between the parties whose primary goal is Mutual benefit through the
contract, whose main function is to stabilize the legal positions between
the parties during the term of the contract Accordingly, the change of circumstances at the stage of contract
implementation will affect the implementation and become stressful for one of its parties, and as a result of the contracting parties’ desire to
continue the contractual bond between them, and in order to achieve
the rules of justice, the basic contract must be reviewed and amended
under an amended contract that achieves a balance between its
parties.Either some of the long-term contracts whose parties predict a
change in circumstances during the implementation of the contract,
including the existence of a renegotiation clause that aims to modify
the contract in the event of a change in circumstances during the
implementation phase of the contract, it did not exist when the basic
contract was formed, and thus it is a condition of the contract parties
industry to meet the changes During the execution of the contract, the
parties to the contract determine the type of circumstances and events
that when they occur are renegotiated, which are independent of their
will and expectations when the primary contract is concluded act

Criminal proceedings are generally subject to the principle of procedural
legality, which means that criminal proceedings are subject to the law and a
person\\'s procedural obligation not to violate it However, there may be
circumstances or situations in which intervention is necessary to achieve the
objective of the Code of Criminal Procedure, namely, to reveal the truth Whether
it is in the interest of the accused or in the interest of the community represented
by the victim, these cases are called \\"procedural necessity. Procedural necessity
is an exception provided by the legislator to the procedural origin in order to
achieve the interest of disclosure, to which the procedural rule essentially seeks
which cannot be achieved under certain compelling circumstances.
These imperatives are justified by security or organizational reasons aimed
at achieving justice and public interest in revealing the truth that leads to crime ,
perpetrator and circumstances. Procedural necessity in a preliminary investigation
assumes that the purpose of the investigation remains the same in each
proceeding. It may be performed by an authority other than the body specified in
the law as well as a violation of the form required by the law in the procedure,
with the same effect remaining in the procedure in certain cases.

The existence of an agreement about a specific crime, whether it occurred or not,
indicates an advanced level of criminal preparedness and social danger. Modern
legislation agrees that punishment is only for actions that come out of the soul
and into the external world, but the criminal agreement came as an exception to
that, as it is an independent crime, independent and full-fledged, and not the
agreement as a means of participation, where the criminal agreement is
characterized by a special legislative policy because it is an independent crime.
Certain conditions and controls bring it into criminalization.Research on this crime is no less important than other crimes, and the most
accurate thing that can be searched is the extent to which it is considered a
crime with a material and psychological content at the same time, since the
determination in it must come out from the stage of thinking to the stage of
implementation and the translation of these ideas into specific activities or
behaviors, and research in Legislation’s position on criminalizing this crime is
the essence of the research in terms of the crimes subject of the agreement
and the elements of the agreement and the extent to which they require a
certain material or not.

Article (31/3/c) of the 1969 Vienna Convention on the Law of Treaties,
and the principle of systemic complementarity that it expresses, call upon
any dispute settlement body or any legal man to lay down the rules
invoked by those concerned with the dispute or - when there is a
disagreement about the interpretation of a treaty What - in the context of
other rules and principles that may have an impact on the case.
In this process, the most specific or directly available sources are read in
the light of the other and in the light of general law lurking in the
background, meaning referring them to the broader legal environment ie
the international legal system as a whole.

Through scientific legal research and studies, it has become agreed upon that
the formation and implementation of the contract is nothing but a fact that
establishes a legal position for the parties to the contract that they are obligated to
respect with others, as it is necessary to look at this actual incident that took place in
reality and the law has arranged its effects on rights and obligations, however The
contract cannot remain isolated from the society in which it was raised, meaning that
the contract must have an external presence that guarantees the effectiveness of its
effects, and this external impact affects all contracts without exception .
Nevertheless, the absolute repetition of the rule of relativity makes the regulation of
behavior confined to its parties, and this cannot be extended to others, but this
perception does not take place at all, as the will and the legal text have a role in the
extent of the judiciary in organizing the contract, especially the era of the task of
organizing the effects of the contract and its provisions for the parties. And
backward both .The right to the option relates to consent, which is the basis and basic pillar
of all contracts, as the option appears to be a legal advantage granted to the
beneficiary by which he can dissolve from the contract unilaterally because of his
lack of consent, which makes the contract associated with an option passes through
a critical and delicate stage in which the contract is not necessary due to the effect of
the right. In option to take away the redundancy of the nodal link Islamic jurisprudence has excluded the study of option rights in their
general scope in a way that is distinct from what man-made laws have in terms of
their provisions, in addition to Islamic jurisprudence dealing with the issue of
transferring the right to options backward, which is considered one of the most
important discussions of the right to choice despite their different approaches in
assessing the provisions of that .

Hypnosis has several uses, including its use in psychological
treatment or in a criminal investigation, whether it is for the accused or
the witness, by placing the person in a situation in which he answers the
hypnotized person’s questions without having the will to refuse to
answer them, which sometimes poses problems that may It raises the
civil liability in contract or tort, and then it is necessary to demand
compensation from the injured person for the damages he suffered as a
result of the hypnosis process he underwent.

The rulings of the constitutional judiciary are considered as judicial
precedents that must be followed in all the remaining courts,
because the rulings of these courts are binding on all state bodies.
However, the constitutional judiciary can amend its judicial
precedents and build a new opinion contrary to what it had
previously ruled, and this is called reversal in the constitutional judiciary. One of the reasons for reversing it is that the court
considers that the arguments it has previously presented in the
case from which it has retracted are illogical. This research is
about reversing the previous one because of the illogicality of the
arguments.