Alnoor Journal for Legal Studies

Short-term furnished housing rental contracts have become widespread in Iraq and Kurdistan region usually for various purposes , most notably , study and others , the contract is typically concluded by agreement between the two parties without verifying the tenants identity or confirming the purpose of the rental concluding this type of contract ,especially in remote areas , can cause many negative phenomena harmful to the security and safety of society .such housing may be used illegal purposes such as drug and weapon trafficking ,human organ trafficking ,and other activities that threaten the security and safety of society. therefore, it is the responsibility of security authorities to verity the tenant’s identity, confirm the purpose of the rental, and inventory furnished housing in a dedicated register. this helps security authorities maintain security and order, and it also generates economic benefits by imposing taxes on tourist sites, in addition to combating crimes that disrupt the security and society

The Iraqi legislator has made it mandatory for the contract to have the element of consent, in addition to the other elements represented by the subject of the contract and its cause, or the presence of a certain formality for the contract to be established. Legal jurisprudence has distinguished between the subject of the obligation and the subject of the contract. The subject of the obligation is the performance that the debtor undertakes to perform for the benefit of the creditor, and it is either the transfer of a real right or the performance of an act or refraining from performing an act. Conversely, the subject of the contract is the legal process that the two parties intend to achieve by concluding the contract, Mutual consent is an important pillar in the stage of concluding and implementing electronic contracts via the Internet. This study addressed new methods that enhance the traditional methods relied upon by parties when concluding their contracts. Therefore, when we encounter a scientific or technical development, we resort to linking it to the law to confront the practical problems that may arise for contracting parties due to these modern contracts in the legal reality with the revolution of this development. Therefore, it is necessary to develop new methods that enhance the traditional methods relied upon by parties when concluding their contracts via electronic means. Since the sales contract is a binding contract for both parties, it creates reciprocal obligations for parties in electronic contracts. There are obligations on the part of the seller related to the sale, and corresponding obligations on the part of the buyer, which is to pay the price, Under French Civil Code, a contract is binding on both parties when the contracting parties mutually commit themselves to each other reciprocally. A contract is consensual when it is concluded by mutual consent between the parties, in any way. Thanks to the diverse and distinct services provided by the Internet today through the transfer of data between parties, new mechanisms for negotiation, both during and after the negotiation phase, have emerged to conclude electronic contracts. All of this has created a space for contracts called "remote contracting" or "online contracting." However, this cannot be spun out of the traditional general rules governing the conclusion of contracts. Adherence to general rules in every era of technological development via the Internet makes these contracts distinct in many aspects and more robust.

The precautionary principle is one of the most important principles that have addressed and continue to address environmental issues، as it has been enshrined in a number of international environmental agreements as a legal solution It can be used to address environmental hazards arising from the scientific uncertainty of human activities. From this standpoint، the research aims to determine the meaning of the precautionary principle and whether it rises to the level of a legal rule or a legal principle، especially in light of the lack of agreement on a legal definition of the principle، which has raised a great deal of controversy about the legal value of the principle and the extent to which it enjoys binding force، despite its recognition in international environmental law with justifications for resorting to it.

The issue of constitutional transformations represents one of the most complex debates in contemporary constitutional scholarship، particularly due to the absence of a clear and unified definition in both Arab and Western legal doctrine، except for that proposed by the International Institute for Democracy and Electoral Assistance (IDEA)، This study seeks to provide a theoretical framework for constitutional transformations through two main dimensions: first، highlighting the philosophical foundations of constitutions، the state and power، and rights and freedoms as indispensable pillars for any genuine constitutional change; and second، classifying the various patterns of constitutional transformations according to their source، scope، and nature. The research demonstrates that such transformations may be internal or external (voluntary، coercive، or hybrid) ، as well as gradual or radical (coup-based، revolutionary، or consensual). The study concludes that constitutional transformations، despite their diversity، remain deeply shaped by political، social، and historical contexts، rendering any classification a methodological tool rather than an absolute framework.

The penal enforcement represents the means by which the State reconciles its disciplinary authority with its international and humanitarian obligations toward individuals—particularly women—whose suffering is characterized by biological and social specificities that necessitate a deconstruction of traditional concepts of legal equality. in this context, the research raises a central question: To what extent does the female identity, when coupled with motherhood, in the process of penal enforcement, require procedural and legislative modifications that reflect respect for such particularities, without infringing upon the principle of legal system unity?
Through a systematic comparison between Iraqi legislation and the laws of Egypt and the United Arab Emirates, the study highlights the necessity of recognizing positive discrimination as a corrective mechanism that enables women to transcend the limitations of uniform treatment, which lacks substantive justice.
Furthermore, the research unveils positive initiatives through specific legal provisions that reflect awareness of the female identity’s particularities in the context of penal enforcement, in accordance with certain standards.
It also emphasizes the guarantee of the fetus’s right in the context of capital punishment, in a manner that aligns with the principle of the personal nature of punishment and the rights of the child who has committed no crime.
The study concludes that amending certain procedural legislative texts and developing enforcement mechanisms to include clear safeguards would place Iraqi legislation among the ranks of progressive legal systems in this domain, and would strengthen Iraq’s standing in respecting human rights and its commitment to international standards, while preserving national criminal justice.

The issue of nationality is one of the basic topics in the life of states, and in its legal fabric it is considered one of the dangerous tools by which the personal scope of state sovereignty is determined. It also regulates one of the formative pillars of the state, which is the people’s pillar, and it is without a doubt one of the most important pillars of the establishment of the state at all. There is no value or importance to the corner of the territory without a people who populate it and develop it, and there is no ruling authority without the presence of the people who are addressed by the legal rules and orders that that authority sets. The latter is an element of the people’s corner of the state, and from here comes the important and effective role of the rules of nationality law to control all of that. The natural person is the original addressee of the provisions of nationality, whether male or female, as long as he carries within him a spirit and a feeling of belonging to the territory of a particular state, and that respecting the will of the individual within the scope of nationality, given that the matter relates to one of his fundamental rights, has not been devisable from statutory legislation, whether regarding Acquiring or changing nationality. Also, respecting the will of the natural individual (the human being) in the field of nationality does not raise a problem, but the problem arises when the human being is a composite of two personalities, which applies to (conjoined twins) if it is confirmed that they are more than one person in some cases, his right to obtain nationality Originality by birth, and if one of these twins wants to acquire a new nationality or wants to change his nationality without the will of the other conjoined twin, what is the ruling on this acquisition and the change that occurs with regard to the other conjoined twin who may not want this acquisition or change.

This study aims to examine electronic disciplinary violations in the public sector, considering them as a modern legal phenomenon resulting from the widespread use of digital technologies, computers, and the Internet in administrative work environments. The research explores the concept of electronic disciplinary violations, their characteristics, and forms, while highlighting the legal consequences arising from them in terms of disciplinary, criminal, and civil responsibilities. The study shows that electronic disciplinary violations possess several distinctive features, including: their association with public employees, their novelty and technological nature, the difficulty of detection and proof, and reliance on cognitive skills rather than physical effort. The main forms include unauthorized access to information, misuse of electronic devices and resources, data manipulation, unauthorized surveillance, publishing inappropriate or offensive content online, and digital extortion.
The findings indicate that electronic disciplinary violations entail multiple legal responsibilities. They are subject to disciplinary sanctions under Iraqi, Egyptian, and French legislations, which may include suspension, fines, or dismissal depending on the severity of the violation. Some of these violations may escalate to cybercrimes punishable under criminal law, especially when the employee exploits their authority to harm public services or breach public trust. Additionally, civil liability may arise if the violation causes harm to others, underscoring the importance of protecting individuals’ rights and community interests in managing digital information. The study concludes that addressing electronic disciplinary violations requires developing legal and regulatory frameworks, updating disciplinary procedures, utilizing technical tools to detect violations, and raising employees’ awareness of their duties and responsibilities in the digital environment, in order to safeguard information integrity, protect public services, and enhance professional integrity

This study examines the civil liability arising from the operation and management of parking facilities in certain Arab legal systems, as a recurring legal relationship that takes place on a daily basis without a specific legislative framework that precisely defines the obligations of the operator and the rights of the user. The research is driven by a central problem concerning the extent to which the general rules found in civil laws and existing municipal regulations are sufficient to ensure effective protection for parking users in cases of theft, damage, or accidents occurring within these facilities. The study adopts a critical, analytical, and comparative methodology based on the analysis of relevant legislative texts, the review of judicial precedents in Iraq, Egypt, and Jordan, and the discussion of contemporary civil law scholarship on modern, composite-nature service contracts. The findings reveal a clear legislative gap in regulating parking facilities in terms of civil liability, as well as ambiguity in the legal characterization of the relationship between operator and user, in addition to the fragility of available means of proof and the weak incorporation of the concept of preventive justice in this field. The study concludes that there is a pressing need to enact a specific statute or model regulation governing the operation and management of parking facilities as a service contract that entails a reinforced safety obligation, together with the imposition of technical and organizational standards for security, insurance, and documentation, in a manner that achieves a clearer balance between the operator’s interests and the user’s legal protection.

This Research Examines the Exceptions Contained in The 1980 United Nations Convention on Contracts for The International Sale of Goods. While The Convention Applies to Cross-Border Sales of Goods, It Does Not Apply to All Forms of Sales of Goods for Reasons Related to The Nature of the Goods, The Nature of the Sale, or Other Reasons. Even in Contracts Subject to The Convention, It Excludes Certain Legal Elements Related to The Formation of the Contract, Its Effects on the Sold Item, and The Scope of Liability for Damages Resulting from It.

The Iraqi Constitution of 2005 Provides A Legal Framework for Exercising Parliamentary Supervisory Functions Over Government Actions. the Provided Mechanisms Could Be Applied on Government Programs and Projects. the Latest Internal Parliament's Regulations (For The Year 2022) Authorize Following up on the Implementation of Government Programs and Projects Through Various Committees Formed for Various Purposes. However, Factors Such as A Lack of Technical Expertise in Establishing Appropriate in Addition to Political Pressures, The Role of the Parliament in Fulfilling Its Oversight Obligations Especially the Strategic Planning and Federal Service Committee. Such Weaknesses Can Contribute to the Failure of Supervisory Efforts.

The Iraqi commercial environment is witnessing a major transformation as a result of the technological and information developments that our current reality is exposed to. In line with these developments and with the aim of protecting the interests of individuals in the digital environment, enhancing economic development and its sustainability, and encouraging the Internet industry, and in implementation of the requirements of the digital transformation announced by the Iraqi government, efforts have resulted in the issuance of the Iraqi E-Commerce Regulatory System No. (4) of 2025, which addresses the reality of trade in the digital environment and has included provisions related to the electronic merchant, in which the legislator took into account the organization of his legal status and his relationship with the electronic customer, which contributes to controlling his activity and enhancing confidence in electronic commercial transactions.

This research addresses the role of artificial intelligence (AI) applications in developing insurance systems against financial risks by examining the technical and legal aspects related to the use of these modern technologies. Artificial intelligence has become a central tool in enhancing the efficiency of insurance companies through data analysis and accurate risk assessment, contributing to reducing losses and strengthening trust in the financial sector. The study found that the absence of regulatory legislation governing the use of AI poses a challenge to achieving justice and determining liability in cases of technical errors. Among the main challenges identified are weak digital infrastructure and a shortage of specialized expertise. In conclusion, the research recommends establishing a clear legal framework, improving technical infrastructure, and adopting the principle of algorithmic transparency to ensure the safe and effective use of artificial intelligence in financial insurance systems.

This research addresses the topic of procedural capacity in the Civil Procedure Law, as it constitutes a fundamental condition for the admissibility of a lawsuit before the judiciary. The study focuses on clarifying the concept of procedural capacity and its types, which include the capacity to be a party (capacity to sue or be sued) and the capacity to litigate, while explaining the distinction between them. It also examines the factors affecting litigation capacity, such as age and mental competence, in addition to the material, legal, and natural impediments that may prevent a person from conducting legal proceedings on their own. Furthermore, the research discusses procedural representation for those who lack or have diminished capacity, highlighting the roles of the guardian, custodian, curator, and the Directorate of Minors’ Welfare in protecting their interests. A section is also devoted to explaining the litigation capacity of legal people. The study concludes that procedural capacity is a matter of public order, and its absence leads to the dismissal of the case on procedural grounds without addressing its merits. Finally, the research presents several legislative proposals aimed at unifying and organizing the rules of procedural representation in Iraqi legislation

This research explores in depth the impact of Integrity Commission decisions on administrative decisions in Iraq, focusing on two interrelated dimensions: the regulatory role of integrity bodies in combating corruption and ensuring legality, and their influence on the independence of public administration in carrying out its functions effectively. Integrity is highlighted as both a legal and ethical framework that guides administrative behavior and defines the legitimacy of decisions. However, while integrity serves as a safeguard for protecting public funds and exposing misconduct, it may, when excessively applied, become a restrictive factor that leads to administrative paralysis or what can be termed a “hesitant administration.” The study employs an integrated methodology, combining a descriptive-analytical approach through the review of national and international legal texts, a comparative approach by examining selected international experiences, and an inductive approach based on analyzing Iraqi integrity decisions and their practical implications. The findings reveal that although integrity decisions play a central role in strengthening transparency and accountability, they require institutional adjustments to balance oversight with functional independence. The research recommends reforming the legislative framework of the Integrity Commission by clearly defining its jurisdiction, activating administrative judiciary as the decisive authority in conflicts between oversight and independence, enhancing institutional transparency through early disclosure and publication of decisions, in addition to strengthening civic oversight and developing preventive training programs for public officials. Striking this balance not only secures sound and effective governance but also reinforces citizens’ trust in state institutions and supports broader development and stability efforts.

The oil industry is a vital economic sector of strategic importance, given its requirement for massive investments and its connection to depleting natural resources. In this study will examine the legal framework of oil contracts, particularly those concluded by host countries with specialized oil exploration and extraction companies. It will also address the legal regulation of oil contracts concluded by consumer countries to secure their petroleum energy needs. We will analyze these agreements in light of private law rules, highlight the associated legal challenges, and present legal perspectives that ensure a balance between protecting national sovereignty, encouraging investment, achieving contractual justice, and ways to develop them.