Journal of Applied Legal Studies

Abstract
A "Commercial Declaration of Delivery" has been officially issued to establish strict liability for the maritime carrier of goods. Under this mechanism, the maritime carrier can be held liable for compensation exceeding the maximum amount stipulated by the carrier, as well as under international law, which requires the carrier to pay compensation in the event of any damage to the goods, whether loss, damage, or delay in transit. This research addresses the concept of the Commercial Declaration of Delivery, the necessary conditions for its validity, and its serious implications. The research is divided into two sections:
Section One: The Nature of the New Declaration of Delivery
Section Two: Conditions and Legal Implications of the Declaration of Delivery

The issuance of the Workers’ Retirement and Social Security Law No. 18 of 2023 and its regulation of the unorganized labor sector and its specification of legal guarantees is what essentially prompted us to shed light on this topic in order to learn about its various aspects, starting with defining this sector and determining the status of its workers and ending with defining The guarantees provided by the new law and knowing the extent of their relevance to the guarantees for workers in the unorganized labor sector and to identify the most prominent problems and questions that it raises during implementation, and then reach specific results and proposals that may benefit the legislative system.

Scientific research is an essential element for any researcher who seeks to achieve prosperity and ideal progress .if people want to achieve their well-being and comfort, they must put scientific research as their first priority .All areas of life need research and development with the aim of identifying problems and developing appropriate solutions for them.Hence ,it is necessary Promoting science, which in turn develops and occurs through scientific research and innovation, in return, also by rewarding and encouraging researchers and providing appropriate and convenient ways to publish their research and not leaving them in the hands of the management in charge of the journal, which has discretionary authority in many matters related to acceptance,It is the responsibility of the responsible authorities to set controls that guarantee the rights of the researcher and not place him at the mercy of mediation and favoritism that occur in publishing processes. On the one hand, on the other hand, journals may breach their promises to publish, and the breach may take multiple forms, which we will discuss in research, God willing.

The preventive role of civil liability emerged within the realm of environmental law, with the aim of protecting the environment from the serious dangers and damages that may befall it due to the massive development of life in general. Therefore, the initial view of the preventive role within the framework of environmental laws, particularly international ones, was that it was a principle of international environmental law. However, this view was not complete and unanimous, and was opposed by other viewpoints that did not view the preventive role as a legal principle, and instead attributed it to the nature of a legal rule. Between these two viewpoints, another viewpoint emerged, rejecting the preventive role as a principle or a legal rule. It argued that the preventive role is merely a guide to behavior, not rising to the level of a principle or a legal rule. Opinion has not settled on a single point of view, especially when the preventive role evolved and entered civil law, and civil liability specifically and specifically, and began to encompass all harms, whether affecting the consumer or the environment. Some said it was a principle, others said it was a political principle, others said it was a customary principle. Those who said it was a legal rule argued that it was not binding, while others said it was a moral rule. Among all of this, there is the civil penalty, which may be the most appropriate form of preventive action.

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Man is a social being by nature, influencing and being influenced by society in all his life and financial dealings. Sometimes, he may not have enough money to start or develop his business. Conversely, another person may possess more money than he needs, coupled with a desire to invest it safely. This, in turn, leads to a transaction between the two parties, creating a debt relationship between them. The foundation is the good reputation of the debtor. However, the owner of the money is often not satisfied with this reputation to provide the creditor with the money he needs. Rather, he resorts to requesting a guarantee from the debtor to fulfill the debt. This guarantee is represented by the money provided by the debtor to the creditor as a pledge pursuant to the pledge contract concluded between them. This is known as a private guarantee. Civil law has regulated this type of guarantee through two types: personal guarantees. The subject of this thesis is limited to studying the second type of real guarantees, which is the possessory pledge, which is based on the idea of transferring possession of the pledged property so that the creditor can recover his rights. It also sheds light on debt pledges, particularly the pledge of future debts.

This research addresses the issue of the Iraqi Federal Supreme Court’s annulment of the law ratifying the agreement regulating navigation in Khor Abdullah with Kuwait, which raises complex constitutional and legal issues within the framework of the relationship between constitutional law and international law, and the legal implications of this annulment from a constitutional and international perspective,Although this ruling reinforces the principle of constitutional sovereignty and represents an important development in the application of constitutional oversight to international treaties, it raises complex legal and diplomatic challenges that require balanced solutions that respect both constitutional principles and international obligations. Successfully addressing this issue will require cooperation between constitutional and diplomatic authorities to find solutions that preserve the dignity and sovereignty of the state while respecting its international obligations and its relations with sister countries. The research reached a number of conclusions and recommendations, including: Although the constitutional judiciary has addressed the issue of the constitutionality of international treaties and agreements, it has left negative effects on the level of international law. The study recommended the necessity of making a legislative amendment by adding a clause that allows the constitutional judiciary He imposed his oversight on the formal procedures that follow the ratification of important international treaties and commitments to ensure the validity of the procedures imposed by the constitution and to address the consequences before they occur, rather than preventing the issue itself. According to the constitution of each country, and most constitutions do not allow for prior judicial review, including Iraq.

The rapid pace of technological development has created profound legal challenges, prompting the European legislator in 2017, through a series of recommendations, to contemplate the necessity of granting legal personality to artificial intelligence. This proposition was intended to enable the accountability of AI systems for their actions or to confer certain rights or obligations upon them. However, in 2020, the European Parliament issued a resolution rejecting the proposal to grant legal personality to AI. This decision marked a turning point in the legal debate surrounding the future of legal liability in this field. The European Union justified its rejection based on a number of legal, ethical, and philosophical considerations.
Nonetheless, the EU did not overlook the challenges posed by intelligent systems in terms of civil liability and compensation for damages. As a result, the European legislator sought alternative legislative solutions without resorting to granting AI legal personality. One of the most prominent solutions has been the expansion of the definition of “products” within European legislation. This expansion allows for holding AI developers and providers accountable for any damages caused by AI systems. The European Parliament recommended updating the definition of \"product\" to include digital systems and artificial intelligence, thereby facilitating the accountability of manufacturers in the event of harm.
The future of legal personality for AI will likely remain a subject of debate as long as these systems lack self-awareness. It is expected that European legislation will continue to develop precise legal tools that comprehensively regulate AI without undermining the foundations of the existing legal system. In this way, the European Union has offered a unique model for regulating the relationship between law and technology—one based on flexibility, gradual development, and continuous risk assessment.

The concept of balance, in its legal context, is closely linked to the principle of justice, which is founded upon giving each party their due right. However, defining this concept remains delicate and resistant to comprehensive legislative regulation. Cognitive balance acquires particular importance in technology transfer contracts, as these are complex agreements based on the transfer of know-how and technical expertise that may far exceed the mere delivery of a tangible or intangible product. Cognitive balance is achieved when the substance of the contract is equitable in terms of the information and data provided, enabling both parties to form free and informed consent, such that each is fully aware of all the essential elements of the agreement.
However, the long duration of such contracts, the plurality of their parties, and their various forms often result in an imbalance in favor of the technology supplier at the expense of the recipient, who may suffer from insufficient technical or cognitive expertise to properly understand the contract’s technical details. Hence, the need arose for legal mechanisms capable of restoring such balance, foremost among them the obligation of conformity, which imposes on the supplier a duty to provide accurate and complete information and to ensure that the technology subject to the agreement conforms to what has been contractually stipulated. This serves to protect the recipient and guarantee the realization of the intended objectives of the contractual relationship

This research sheds light on the criminal protection provided by Iraqi law, as well as certain comparative legislations, for the right to motherhood, considering it a human and social right of a special nature in light of the legal, physical, and psychological risks faced by mothers. Such protection has been established through both direct and indirect criminal mechanisms, aiming to safeguard mothers from various forms of violence and violations that they may encounter within or outside the family, in accordance with the State’s obligations to protect vulnerable groups and uphold the principle of human dignity.
The study seeks to identify legislative gaps in the criminal protection of motherhood and to propose suitable remedies. It concludes that the criminal protection of motherhood necessitates the criminalization of acts that undermine its biological, social, and moral dimensions. The study further recommends amending the provisions related to invalid marriage contracts so as to ensure more comprehensive protection of the right to motherhood, while adopting graduated penalties that achieve both deterrence and justice.

This research discusses the issue of tax sovereignty of states over their territories, including the ability to impose whatever laws and regulations they wish, which represent the procedural steps for tax accounting in their domestic legislation. What are the international restrictions facing these rules regulating the tax accounting process between the state and taxpayers whose commercial activities, profits and capital are subject to the tax authorities in the state?
Countries have taken practical steps to facilitate the accounting process, thus reducing the tax burden on taxpayers, particularly in cross-border commercial transactions. These measures are represented by international tax agreements that limit the phenomenon of double taxation and tax evasion through cooperation and coordination among countries and determining which country is liable for tax.

The modern world has witnessed remarkable advancements in artificial intelligence (AI), making it an essential tool across various sectors, particularly healthcare. AI plays a pivotal role in enhancing the quality of healthcare through innovative applications, including early disease diagnosis, improved management of health data, and the development of personalized treatment plans. However, the use of this technology raises legal and ethical challenges that necessitate effective international regulation to ensure responsible use and mitigate potential risks, especially in developing countries like Iraq, where AI represents a significant opportunity to overcome challenges related to limited resources and healthcare infrastructure.
The study focuses on a key issue: the inadequacy of international regulations governing AI in the healthcare sector, despite the rapid advancements in this field. Key concerns include privacy protection, defining legal responsibilities, and ensuring equitable distribution of technology among nations and communities

Iraqi legislation assigns the task of monitoring compliance with technical standards to several official authorities that operate collaboratively to ensure consumer safety and product quality. At the forefront of these bodies is the Central Organization for Standardization and Quality Control, which is responsible for drafting standards, inspecting products, and verifying their conformity. The Ministry of Health, through its specialized regulatory departments, oversees the safety of food and pharmaceuticals and enforces preventive measures. The Pharmacists Syndicate also contributes by supervising the circulation of medicines in pharmacies. This multiplicity of authorities reflects the legislator’s intention to establish an integrated regulatory system, although it still requires further coordination and efficiency.

The modern world has witnessed remarkable advancements in artificial intelligence (AI), making it an essential tool across various sectors, particularly healthcare. AI plays a pivotal role in enhancing the quality of healthcare through innovative applications, including early disease diagnosis, improved management of health data, and the development of personalized treatment plans. However, the use of this technology raises legal and ethical challenges that necessitate effective international regulation to ensure responsible use and mitigate potential risks, especially in developing countries like Iraq, where AI represents a significant opportunity to overcome challenges related to limited resources and healthcare infrastructure.
The study focuses on a key issue: the inadequacy of international regulations governing AI in the healthcare sector, despite the rapid advancements in this field. Key concerns include privacy protection, defining legal responsibilities, and ensuring equitable distribution of technology among nations and communities.

Iraqi legislation assigns the task of monitoring compliance with technical standards to several official authorities that operate collaboratively to ensure consumer safety and product quality. At the forefront of these bodies is the Central Organization for Standardization and Quality Control, which is responsible for drafting standards, inspecting products, and verifying their conformity. The Ministry of Health, through its specialized regulatory departments, oversees the safety of food and pharmaceuticals and enforces preventive measures. The Pharmacists Syndicate also contributes by supervising the circulation of medicines in pharmacies. This multiplicity of authorities reflects the legislator’s intention to establish an integrated regulatory system, although it still requires further coordination and efficiency.

The development witnessed worldwide in various fields of life has led to the emergence of goods and services characterized by complexity in composition and structure. This has resulted in a significant gap between the professional seller and the buyer, making it difficult for the latter to fully understand the features of these goods and services, the mechanism of their composition, and the materials used in them. Consequently, this has led to challenges in verifying the actual conformity of goods and products to the contractual specifications promised by the seller at the time of sale.
On the other hand, the professional seller possesses all the relevant information about these products, creating a knowledge gap between the seller and the buyer. As a result, the contract concluded between the parties is often based on an imbalance in knowledge, particularly in consumer contracts, where the buyer relies on the professional seller’s commitment to provide products that meet their personal or familial needs.
Due to this knowledge imbalance between the parties and the seller’s attempt to evade consumer protection, the necessity of a compliance obligation has arisen. This obligation imposes a duty on the professional seller to deliver a product that meets agreed-upon specifications. This has led to the establishment of legal conditions and standards governing this obligation, which has been reinforced through legislation and judicial rulings. However, there remains debate over whether this guarantee should be broadly interpreted to encompass all the specifications promised by the seller or whether it should be limited to specific characteristics.
The obligation to comply, whether explicitly agreed upon or implied by law, is based on a legal foundation derived from consumer protection laws. However, the consumer cannot benefit from this guarantee unless certain conditions are met, such as the existence of a conformity defect at the time of delivery. The consumer must inspect the product and notify the professional seller within a specified period upon discovering the defect to initiate a claim. This allows the consumer to seek remedies such as a refund or replacement.
It is important to note that this guarantee does not apply if the consumer has used the product improperly or if its nature and characteristics prevent its return or replacement, for example, in the case of perishable goods

This research dealt with explaining the nature of oil participation contracts, defining them, determining their legal nature, determining the position of Iraqi legislation on that, within the framework of international and internal law, and then examining the administrative authorities that are not familiar with the implementation of these petroleum contracts, represented by the supervisory and penal authorities, and identifying their legislative and regulatory deficiency. In addition to the powers of amendment and recovery, the research into these powers was based on the dialectic of proof and denial of these powers and an explanation of their scope and effects on the implementation of the contract. We also reached a number of conclusions and proposals at the conclusion of the research, which we hope will find its share of implementation.