Alnoor Journal for Legal Studies

This research is concerned with studying and investigating the excusable mistake as a vice of consent in the new French law of the contract، issued according to the ordinance n° 2016-131 dated February 10، 2016 concerning reforms of the law of contract، general regime and proof of obligations. In the articles (1130-1136) of the French civil law، amended by the new law of the contract. As well as comparing the excusable mistake with the inexcusable mistake. In order to indicate their features and characteristics. The study then indicates the legal effects of both of theses types of mistakes، as a general rule and exceptionally. The excusable mistake is a misconception or false image of the reality as a vice of consent and renders the contract voidable. While the inexcusable mistake is also a misconception or false image of the reality، suffered by one of the contracting parties، as a result of his or her own fault، represented by breaching the obligation of information. It generates a legal effect represented by preserving the contract valid and enforceable. Whereas the Iraqi civil law No. (40) of 1951 also regulated the mistake as a vice of consent in the articles (117-120). It dedicated all of these articles to the excusable mistake، but it referred to the inexcusable mistake in the first paragraph of the article (437)، concerning the cessation of the prescription. The problem of the research lies in trying to benefit the Iraqi civil law from the distinction or comparison between the excusable and inexcusable mistakes، and the types of the obligations which are breached in the case of the inexcusable mistake. As well as suggesting some relevant recommendations to the Iraqi legislator concerning the resolution of these problems، in order to avoid any case of the insufficiency or shortcoming.

Without a doubt، armed conflicts، in any form، whether international or not of an international nature، involve various types of crimes especially those that cause harm to civilian objects related to humans or individuals. If the rules of international humanitarian law applied during conflicts have granted protection to individuals and objects، but the participants in those conflicts have directed their various weapons towards individuals and civilian objects. The health facilities and medical personnel that provide services to members of the armed forces during conflicts were not spared from attacks، In addition to the rescue vehicles and equipment being subjected to a number of attacks، they were deliberately set on fire، resulting in many casualties. Since The health facilities and medical personnel are closely related to human health on the one hand and life on the other hand، its violation constitutes international crimes that require the punishment of those responsible for these criminal acts in accordance with the rules of international humanitarian law.

The world has witnessed in recent years a significant development in the field of smart electronic information, due to the positive impact it has had on transactions, especially administrative contracts, and the increasing positive pressure of developments. This has led to the public administration being keen to try to apply electronic information in all its work to include its contracts, which has led to the emergence of what is known as The electronic administrative contract has found its purpose in an attempt to save time, reduce costs, and maximize efficiency in administrative contracting to achieve the public benefit.

Family awareness in the pre-legal dispute stage involves guidance and counseling to avoid family setbacks and build a healthy family based on sound foundations and principles for continuity and stability in married life. One of the most important issues that electronic media seeks to achieve at this stage is its preventive role, which is represented by raising family awareness. This is achieved through a variety of mechanisms and means that can combat or reduce the breakdown of marital relationships, in addition to providing guidance and awareness messages for those about to get married. Thus, through this research, we aim to address the relationship between information and communications technology and the family in general, highlighting the positives of this technology for the family by activating its role in resolving family disputes and issuing useful recommendations for personal status law, drawing on the experience of the United Arab Emirates in this regard.

The basic idea based on the subject of manifestations affecting legal security in administrative contracts is embodied in that every individual in society has the right to keep up with and follow developments, but within a stable and fixed legal world. Accordingly, it can be said that the idea of legal security can be classified into two stages. The first: to ensure that the competent authorities protect the acquired rights that individuals have acquired under legitimate legal conditions, while the second stage: is embodied in the competent authority giving individuals signals and indications of its intention to issue new legal rules that may affect the legal positions of contracting parties, so that individuals are not surprised by rules that may conflict with their expectations based on objective and legitimate foundations derived from an existing legal system and public policies officially announced in advance by the public authority in the state. When this idea is applied to the field of administrative contracts, a minimum level of legal security must be provided, which is considered a guarantee for individuals that enables them to enter into a contractual relationship with the administration with complete peace of mind and conclude their actions in an atmosphere in which supposed security prevails, far from legal surprises that may arise during the conclusion or implementation of the contract and thus threaten

This study examines the constitutional framework governing the state of emergency from a comparative analytical perspective, examining the legal and constitutional frameworks regulating this exceptional state in a number of political systems, focusing on the balance between public authorities and individual rights during periods of emergency. This topic is particularly sensitive given the frequent resort by political systems to declaring a state of emergency in the face of crises threatening national security, whether security, political, health,or Natural disasters. This places public freedoms under constant threat.
The study focused on comparing constitutional models in Egypt, France, and Iraq, in addition to drawing on relevant international standards, such as the International Covenant on Civil and Political Rights. The study concluded that most constitutional systems, while recognizing the state of emergency as an exceptional instrument, differ in its organization, conditions, and guarantees. The study recommended strengthening judicial and parliamentary oversight and imposing explicit constitutional restrictions on the executive branch to ensure that the state of emergency does not become a permanent tool for suppressing freedoms and undermining the rule of law.

The research deals with the issue of the formation of the Council of Ministers and the restrictions contained therein through the provisions of the Constitution of the Republic of Iraq for the year 2005 regarding the mechanism for the formation of the Council of Ministers, which is represented by the Prime Minister, his deputy and the members of the ministry, where the research focused on the existence of two types of restrictions that are contained in the formation of the government, including procedural restrictions that clarify the nature of the authority of both the President and the Prime Minister in terms of being discretionary or restricted in the appointment of the Prime Minister and the selection of the members of the ministry as well as temporal restrictions

This research aims to clarify the concept of the crime of threat and blackmail through social media platforms and to highlight the main methods by which such crimes are committed. It examines the legal structure of these offenses under both Iraqi and Emirati legislation and evaluates the adequacy of the prescribed penalties and legal measures compared to those applied to similar crimes in the physical world. The study adopts both an analytical and comparative approach by analyzing relevant legal texts, jurisprudential opinions, and judicial rulings, as well as comparing the Iraqi and Egyptian legal systems. The findings reveal that Iraqi legislation does not adequately distinguish between real-world and cybercrimes, applying the same penalties to both, which renders the legal framework insufficient and weak in deterrence. In contrast, the Emirati legislator has introduced stricter punishments for cyber threats and blackmail. The study recommends enacting a specialized Iraqi law addressing cybercrimes with appropriate punitive and precautionary measures.

The administrative decision issued by the competent administrative authority is effective upon its issuance and has its legal effect without the need for approval from any party unless the law stipulates otherwise. It is considered effective from the date of its issuance and meets its legal conditions and pillars and modern electronic developments that have made the administration use electronic means when issuing its administrative decisions. The emergence of the electronic access to the administrative decision is due to the administration’s behavior that aims to develop the process of issuing administrative decisions and ensuring that those addressed by its decisions are informed by using modern electronic means, keeping pace with the technological development taking place. Therefore, the administration seeks to communicate knowledge of an administrative decision based on the procedures for its preparation and preparation, leading to its issuance and knowledge by electronic means such as the Internet and other multimedia without resorting to paper documents. The purpose of the new access to the decision is no different from its traditional counterpart, in addition to using the same means to enforce the administrative decision. In light of the above, it is necessary to increase interest and advance towards studying the legal dimensions of electronic means, especially administrative decisions, which have been increasingly used in light of technological development.

This research presents a comprehensive study of the complex relationship between intellectual property and developments in artificial intelligence, with a focus on legal challenges and procedural protection. The first chapter outlines the conceptual framework of intellectual property and its types, then examines the nature of artificial intelligence, its types, and applications, moving on to analyze the points of interaction between them, particularly in the fields of creativity and innovation.
The second chapter addresses the most prominent legal issues arising from the use of artificial intelligence, foremost among them being the determination of the status of author or inventor in automatically generated works, in addition to discussing forms of intellectual property infringement such as plagiarism, counterfeiting, and software copying, as well as clarifying the responsibility of the user or developer.
The third chapter reviews the procedural protection frameworks for intellectual property rights through the study of international laws such as the TRIPS Agreement and WIPO conventions, comparing them with Arab legislations, with a focus on the cases of Iraq and Egypt, followed by an analysis of procedural gaps in the face of AI challenges.
The research concludes with the necessity of updating evidentiary and investigative laws, strengthening the role of judicial and regulatory bodies, and proposing integrated legislative and procedural solutions that ensure a balance between protecting rights and encouraging innovation.
Moreover, addressing the challenges imposed by artificial intelligence on intellectual property requires comprehensive legal reforms that combine legislative modernization, the development of enforcement mechanisms, and the adoption of supportive technological solutions to ensure effective rights protection in the era of digital transformation.