Journal Of the College of law /Al-Nahrain University

It is accepted in the world of legal thought that the contract is the product of the will, as it arises from the connection and agreement of two or more wills and their direction towards creating a legal effect. The will of the parties to the contract is the only one that has the ability to establish its own law. It is the one that creates the contract, determines its scope and draws its scope with its authority that makes it the ruler of the contract throughout its life according to the principle of the authority of the will. But the role of the will in the contract quickly declined, especially after scientific and technological development appeared on the horizon. The will was no longer able to organize all aspects of the contract, which may appear distorted and deficient, whether it was contemporary with the conclusion of the contract or subsequent to that, which necessitated the combined efforts of both the judge and the legislator in an effort to complete the scope of the incomplete contract to raise it to the level of perfection.

Islamic Sharia is considered one of the fundamental sources that influenced the formation of the Iraqi Civil Code, especially in the area of contract performance. The Iraqi legislator sought to align legal provisions with Islamic principles, particularly the obligation to fulfill contracts and abide by conditions. This influence is evident in the rules requiring the party to perform their obligation in kind unless it becomes impossible, a concept derived from the Quranic verse: “Fulfill all contracts.” The impact is also seen in the regulation of notice (ʾiʿdhār), contract termination, and compensation for harm, where the Islamic concept of liability aligns with contractual responsibility. Additionally, the role of intent and good conduct in interpreting obligations reflects the objectives of Sharia in achieving justice and preventing harm.

Alternative measures are one of the effective tools adopted by modern criminal policy as an alternative to custodial penalties. They play a crucial role in rehabilitating juvenile delinquents by providing educational and vocational opportunities that contribute to their reintegration into society and protect them from the negative effects of custodial sentences such as imprisonment. However, the effectiveness of these measures largely depends on the adequacy of legislation and the ability of institutions to implement them properly.The Iraqi legislator was among the pioneers in enacting penal provisions that considered the best interests of juvenile delinquents through the Juvenile Welfare Law No. 76 of 1983. However, its provisions require amendments to explicitly include alternative penalty measures to ensure legal security and stability.

This research addresses a matter of utmost importance and significance, namely that the French legislator in the Commercial Code has introduced a new legal mechanism for legal transactions involving company shares. This mechanism was not previously known in the laws governing commercial companies, although it is itself recognized in the general rules contained in the Civil Code. This mechanism allows shareholders to contract to lease certain shares to certain individuals and companies at the same time, and under specific conditions. However, the legal regulation of this type of contract was not entirely ideal. Therefore, the research set out to clarify its nature by defining it, examining its legal scope, and determining its provisions, up to and including its expiration. In doing so, we attempt to interpret the legal texts that regulate it, employing logic and legal reasoning, to achieve our goal of obtaining the optimal form of a share lease contract, within a comprehensive legal framework.

Constitutions regulate the reasons that require the responsibility of the head of state, including perjury, violation of the constitution, and high treason. However, establishing this responsibility alone and placing it within legal frameworks is not sufficient for its effective application if there are no real and legal effects resulting from the establishment of this responsibility, especially since defining the concept and content of the actions that require its establishment may threaten the stability of the state if there are no procedures to follow its establishment, represented by dismissal from the position of head of state and lifting immunity, in addition to many other effects, including the inability to run for the position of head of state and the inability to assume any other positions. These effects differ from one state to another and may extend beyond that.

Constitution impose strict limitations on counter – terrorism actions to ensure respect for the rule of law and the protection of fundamental rights Even when facing terrorism. The state must act within the framework of the law and avoid arbitrary measures. Public freedoms – such as freedom of expression, movement , and privacy – can only be restricted under legal conditions and in a manner that is necessary and proportionate to the threat. Judicial oversight essential to prevent abuse of power . Moreover , torture and inhuman or degrading treatment remain absolutely prohibited, even during states of emergency, which themselves of emergency , which themselves must be declared according to constitional procedures and under legislative supervision.

There is no doubt that the technical delivery contract is one of the most important contracts at present, and the reason for this lies in its significant and sought-after role in facilitating transactions between individuals and spreading goods and services more quickly and efficiently within a certain legal framework. The market has become expansive, which has led to the need for this contract. The real problem we face is whether the Iraqi legislator has addressed the regulation of this contract within the package of contracts that have been organized. Also, whether the efforts of the Egyptian legislator and his French counterpart have been fruitful in this regard. Consequently, we addressed this contract in detail from two perspectives; the first dealt with the essence of this contract. The second concerned the obstacles and developments it faces. Through the application of the comparative analytical approach, we concluded that the Iraqi legislator has not included the regulation of this contract among its named regulations, nor has the jurisprudence of civil law addressed this contract, which constitutes a real subject for amendment by the legislator.

It should be noted that the pharmaceutical industry has become one of the most important industries at the present time, especially since society is plagued by diseases and epidemics, and this was the main motivation towards development and the manufacture of new medicines that are subject to intellectual property protection, and this is what must be the subject of the protection of the legislator integrated legal protection, so the problem of the study is whether the Iraqi legislator has clearly and explicitly regulated the legal rules for intellectual property rights in the pharmaceutical industry, and this is what was necessary with him Within the framework of the implementation of the comparative analytical method, we reached a number of results and recommendations, the most important of which is that the Iraqi legislator, once regulating the Copyright Protection Law, was devoid of regulating methods to reduce the monopoly of international patents, and this must be the subject of legislative intervention by him.

It is established that the right to privacy is one of the important rights enjoyed by every individual, but this right has been exposed in the past to several threats, including interference in the affairs of individuals or monitoring or spying on them, and after the emergence of the great revolution in the field of computers and the field of communications and software, this right has been exposed to other threats imposed by this development, which is represented by the emergence of what is known as artificial intelligence and the emergence of several systems under this name that can result in serious threats or risks to the right to privacy enjoyed by individuals, by resorting to technologies for storing personal fata of users of modern applications to use them for illegal purposes of using the technology of hacking the personal data base with the intention of accessing it. This research represents a presentation of the principles on which the right to privacy is based and a statement of the risks to which this right is exposed a result of us of artificial intelligence systems.

A legal rule or text constitutes a specific content for acts that pose a threat to society. Hence, legal rules are characterized as the container for criminalization and punishment for many criminal acts. These acts include virtual property, which has emerged as a result of the spread of the internet. Unlike traditional property, virtual property is not unlike property with an intangible nature, but it grants its owner the authority to use, exploit, and dispose of it. Numerous violations of virtual property have emerged, which are classified as acts of theft, given the absence of a law specific to virtual property.

The world faced an unprecedented health crisis with the outbreak of the COVID-19 pandemic, prompting governments to implement exceptional measures to control the virus\'s spread. These measures raised concerns about governments’ adherence to constitutional frameworks during health emergencies and their impact on public rights and freedoms. This study examines the constitutional responsibility of governments during health crises, focusing on Iraq’s experience and comparing it with other countries. It explores the roles of the three branches of government (executive, legislative, and judicial) in crisis management and analyzes the impact of governmental decisions on the economy, public health, and human rights. The study concludes that the absence of a clear legal framework for health emergencies negatively affected Iraq’s governmental response and weakened parliamentary and judicial oversight. Consequently, the study recommends establishing a comprehensive legal framework for health emergencies to ensure a balance between effective crisis response and the protection of constitutional rights.

This research is based on analyzing the legal texts related to civil liability and the stability of the courts’ trends in applying the principle of one-time compensation, with a focus on the judicial rulings that established this trend, especially in the event of the emergence of subsequent and unexpected damages, as the purpose of this research is to adapt the legal framework for the principle of compensation and determine the scope of the principle’s application in a way that allows for achieving a balance between the stability of the rulings and enabling the injured party to obtain Fair compensation.

Personal status matters are distinguished from other matters by their specificity in many respects, including the fact that they have provisions that may differ between the texts of the law and what is stipulated in Islamic law. Among the most important of these matters is what relates to calculating the time periods for many of its provisions. Perhaps some of them are of a financial nature or lead to that, including calculating the time periods for the divorced woman in lunar months, and this is intended to show whether the woman is still in the waiting period or her waiting period has expired, and thus she is considered a foreigner and the reason for inheritance is cut off, which is the valid marriage, and this is with regard to matters of breastfeeding and custody due to the tensions that occur between the man and the woman during the period of custody for each of them.

An administrative lawsuit in Iraq is the legal means through which individuals seek to protect their legitimate rights and interests from actions taken by public administration authorities, especially when such actions are arbitrary or contrary to the law. For such a lawsuit to be admissible before the administrative court, several formal and substantive conditions must be met, as stipulated by Iraqi administrative law. One of the main conditions is the presence of an “administrative decision subject to appeal,” meaning there must be a binding administrative will issued by a competent authority that affects the legal status of individuals.
Another essential condition is the existence of a \"legal interest\" — the plaintiff must have a personal, direct, and legitimate interest in challenging the decision. Iraqi administrative jurisprudence consistently holds that interest is the basis of the lawsuit, and without it, the case will be dismissed procedurally.
Furthermore, in some cases, it is required to exhaust administrative remedies — such as submitting a complaint or grievance to the administrative body — before resorting to court, particularly when explicitly mandated by law.
The lawsuit must also be filed within the legally prescribed period, which is typically 30 days from the date the administrative decision was officially communicated or the plaintiff became fully aware of it. Failure to meet this deadline renders the lawsuit inadmissible.
These conditions are not merely procedural but are vital for ensuring justice, maintaining a balance between the administration\'s authority and the individual\'s right to judicial protection, and reinforcing the rule of law and the principle of legality within the state.

Juvenile delinquency is one of the important topics, it is a social phenomenon, as well as it is a criminal act under the penal laws of all countries, but when imposing penalties on this act, we find that most of the laws took into account the juvenile and his age and lack of full responsibility because of the importance of the juvenile in the formation of society, where the juvenile is the basic building block of society, so we address in this research the definition of the juvenile as well as the definition of juvenile delinquency and the most important reasons that led juveniles to commit the criminal act and the extent of criminal responsibility and upon return we find that Juvenile delinquency is an old phenomenon and we find that the phenomenon of delinquency is a relative phenomenon that varies from one society to another because of the different reasons that called for the emergence of this incident.

The spread of the drug phenomenon has become a serious challenge to the state, as it is a phenomenon that has taken on different economic, health, security and moral dimensions and is not related to one state in particular, but rather includes the entire international community. Therefore, states alone cannot confront and combat this dangerous phenomenon and limit its spread. Therefore, international legal mechanisms have an effective role from which most states have derived their legislation to confront the crime of drugs and psychotropic substances according to the control, preventive and therapeutic means to dry up the sources of this crime and punish its perpetrators, users and traffickers with the harshest penalties. In agreement with that, the crime of drug abuse is no longer an individual problem, but has become an international crime that crosses national borders, which requires the international community to establish legal rules at the national, regional and international levels and intensify international cooperation in all fields to combat it and stop its spread by all legal means.

This research aims to shed light on the criminal protection of bodily integrity in the context of medical experiments, through a comparative study between Iraqi and Egyptian law. This study comes in light of the growing global interest in regulating clinical medical research and the associated risks that may affect human rights and safety. The research addresses the conceptual framework of medical experiments, identifies their types, and highlights the international ethical standards that govern them. It then analyzes the position of Iraqi law, which lacks specific legislation in this area, relying solely on the general rules of the Penal Code, which are characterized by inadequacy and lack of specialization. In contrast, the research reviews Egyptian Law No. 214 of 2020, which represents a qualitative shift in the regulation of medical research, in terms of controlling procedures, defining responsibilities, and imposing strict penalties on violators. The study concluded that Iraqi legislation is in dire need of a comprehensive legal framework regulating medical experimentation on humans, taking into account ethical and criminal dimensions, and establishing clear mechanisms for accountability and oversight. It also recommended the establishment of an independent national body to oversee medical research and the implementation of the principle of informed consent as a fundamental condition for the legitimacy of any experiment. The study relied on comparative legal analysis, drawing on legislative texts, relevant international conventions, and the views of legal jurisprudence, to arrive at conclusions and recommendations that would support the efforts of the Iraqi legislator in developing a legal framework to protect bodily integrity in the field of medical research.

Abstract: This research investigates material attribution as a core component of criminal liability, serving to connect the offender’s conduct with the criminal outcome through a causal relationship. The study employs an analytical approach to distinguish material attribution from related concepts such as accusation and legal classification, while exploring the challenges of defining its boundaries in light of overlapping physical and moral factors. The findings confirm that material attribution underpins the imposition of criminal liability, although objective constraints—such as physical coercion, unforeseen events, or the victim’s fault—may interrupt or weaken the causal link. The study recommends introducing a clear legislative definition of material attribution, applying objective standards to assess its limits, and enhancing judicial capacity in analyzing causation in complex cases.

This study addresses the issue of criminal responsibility for states targeting the recruitment of children in armed conflicts, a matter of great importance in international criminal law. The research focused on analyzing the extent of states' involvement in these practices, which constitute a violation of children's rights and international laws prohibiting the use of children in armed conflicts.
The research also examines the legal concepts related to child recruitment, its various methods, and the roles children are forced to assume, whether in combat or in other non-combat roles. The research also presents the international legal frameworks regulating this issue, such as the Convention on the Rights of the Child and its Optional Protocol, the Geneva Conventions, and the Rome Statute of the International Criminal Court.
This research provides recommendations to strengthen the international legal framework with the aim of ensuring accountability for states that target children for recruitment, and to preserve children's rights in times of conflict.

تعتبر القضايا البيئية من التحديات الكبرى التي تواجه المجتمعات الحديثة، حيث يشكل التلوث البيئي بمختلف أشكاله تهديدًا مباشرًا لصحة الإنسان واستدامة الموارد الطبيعية. ومع تزايد الوعي العالمي بأهمية حماية البيئة، أصبحت المسؤولية المدنية عن الأضرار البيئية محورًا هامًا في التشريعات القانونية للدول. في هذا السياق، تلعب القوانين دورًا حاسمًا في تنظيم وحماية البيئة من خلال فرض التزامات على الأفراد والمؤسسات للحد من التلوث والتعويض عن الأضرار التي قد تنجم عن الأنشطة الضارة بالبيئة. في العراق ومصر، تمتاز القوانين البيئية بوجود تشريعات تهدف إلى حماية البيئة والحفاظ على الموارد الطبيعية. وعلى الرغم من التشابه الكبير في الأهداف بين النظامين القانونيين في كلا البلدين، فإنهما يختلفان في بعض الجوانب التنظيمية والآليات القانونية المعتمدة لتحقيق تلك الأهداف. تتجلى هذه الاختلافات بشكل خاص في القواعد المنظمة للمسؤولية المدنية عن الأضرار البيئية، حيث تختلف شروط ومفاهيم المسؤولية وأساليب التعويض في القانونين العراقي والمصري.

One of the crimes stipulated in the Narcotics Law and the influential Iraqi psychotropic substances, which is not news about the year 2017 for the year 2017, which occurs through negative behavior represented by refraining from reporting by the perpetrator, in violation of the legal obligation imposed on him, which is to report the presence of these plants. This obligation finds its basis in the principle of social solidarity, which the legislator resorts to in some crimes that pose a danger to society, because the state is basically responsible for combating crime based on the principle of state intervention in criminal laws.

This research sheds light on the specificity of the rules of litigation in expropriation cases. This specificity appears in the mechanism of notifying opponents through local newspapers and also examining the case urgently with regard to litigation procedures. As for appealing and canceling rulings, the specificity appears in the limited methods of appeal on the one hand and granting the expropriator the possibility Filing a lawsuit to annul the expropriation judicial ruling. The study concluded that it is necessary for the legislator to intervene by developing texts that contribute to strengthening procedural guarantees, especially for the adversary from whom it is expropriated.

While taxes are one of the most important ways to support sustainable development in the country, fund the state treasury with revenues, and provide services in the public interest, there are legal provisions and rules that specify the time period within which the tax administration can collect tax debts from taxpayers. This period is known as the tax statute of limitations, which plays a crucial role in determining legal rights and obligations related to taxes. Therefore, taxes represent a debt owed to the state by the taxpayer, and the taxpayer also represents a debt owed by the state. These debts, like other financial obligations, may be subject to the statute of limitations to create stability and preserve the legal status of individuals

With the rapid technological advancement and the global shift toward digitization of the economy, what is now known as "cryptocurrencies" has emerged. These digital currencies represent a decentralized means of exchange. However, this evolution has given rise to urgent legal questions regarding the possibility of using such currencies to fulfill civil obligations, and the extent to which the concepts of Iraqi civil law apply to them—especially in the absence of explicit legislative regulation.
This legal challenge has not gone unnoticed by scholars and jurists. Some have engaged in analyzing this phenomenon and attempted to incorporate it within the prevailing legal and conceptual framework. Among these scholars is the researcher who authored the study titled "Cryptocurrencies as a Means of Fulfillment in Civil Law", through which he aimed to discuss the validity of cryptocurrencies as a medium for settlement in accordance with the general rules of fulfillment under Iraqi civil law. His analysis was based on jurisprudential reasoning, legal text interpretation, and the stance of regulatory bodies, particularly the Central Bank of Iraq.
The research sought to analyze the essential elements and conditions required for valid fulfillment, and whether cryptocurrencies could be considered among the lawful means to extinguish obligations. It also attempted to highlight gaps in the current legal framework and proposed the need for legislative intervention to legally characterize this phenomenon.
Accordingly, this legal review presents a critical discussion of the ideas and analyses proposed by the researcher, with added remarks and recommendations at the end of the article.

The Administrative Court is competent to consider the validity of administrative orders and decisions issued by employees and bodies in government departments and the socialist sector, after the enforcement of this law, which does not specify a reference for appealing them based on an appeal from a known interested party and a possible case. However, the potential interest is sufficient if there is reason to fear harm to the interested parties.
The Iraqi legislator has established a general rule to determine the jurisdiction of the Administrative Court by requiring the issuance of an administrative decision by an administrative body. It is worth noting here that the disputes brought before the Administrative Court are of a special nature. This nature requires that they be addressed with substantive and procedural solutions that differ from those addressed by private law. There are specific formal methods for appealing before the Administrative Court and the necessity of taking into account the legally stipulated appeal period.