Ninevah Journal for Legal Studies

Research Idea: The principle of good faith is one of the lofty legal principles that gives a moral character to legal actions, going beyond the idea of being a mere legal rule, to become a standard of good behavior among the contracting parties. The research problem is centered on determining the scope of the principle of good faith in terms of time and objectivity in the Iraqi Civil Code No. 40 of 1951 and the French Civil Code 1804, especially after the French substantive amendments of 2016.
Objective: This research aims to analyze the principle of good faith in the Iraqi civil law and compare it with the French civil law, as its importance is highlighted through the growing role of this principle in achieving contractual justice and protecting the legitimate expectations of the parties, which makes it a safety valve to achieve contractual benefit.
Methodology: The research relied on the comparative analytical method to study the principle of good faith in Iraqi and French civil law, with a focus on French legislative amendments.
Results: The study revealed that the Iraqi legislator limited the principle of good faith to the stage of the implementation of the contract in accordance with Article (150), while the French legislator expanded the scope of its application in accordance with Article (1104) to include all stages of the contract, starting from preliminary negotiations to final implementation, considering it as one of the peremptory rules related to public order. The research also concluded that the principle of good faith in the two laws is no longer limited to the negative meaning (non-cheating), but has become a positive duty that includes the obligation to disclose, inform, cooperate, and prevent abuse of the right, exploitation and fraud.
Conclusion: Based on the results, the research recommends that there is a legislative need in Iraqi law to extend the scope of Article (150) to include the stage of explicitly concluding the contract, similar to the amendments of the French Civil Code, in order to enhance the legal protection of contractors in the face of arbitrariness or misinformation in the pre-contracting stage.

Research Idea: This study examines the legal and Sharia foundations of cryptocurrencies as a product of the digital revolution in finance. It highlights the challenges of legitimacy, regulation, and nature, focusing on Iraq’s reliance on administrative banking bans instead of clear legislation.
Objective: The research aims to clarify the Iraqi legislator’s stance on cryptocurrencies, analyzing its legal and Sharia bases, while emphasizing the need for legislative regulation to protect the financial system and keep pace with digital developments.
Methodology: A comparative analytical approach was adopted, studying Iraqi legal texts alongside jurisprudential and Sharia perspectives, and assessing their compatibility with the decentralized, cross-border nature of cryptocurrencies.
Findings: The study concludes that Iraq continues to prohibit cryptocurrency trading due to risks of money laundering, terrorism financing, and tax evasion. Cryptocurrencies are considered digital assets with investment potential but lack the enforceability and stability of legal currency. The ban conflicts with their decentralized nature and may push trading into unregulated markets. From a Sharia perspective, disagreement stems from uncertainty and risk, with conditional permissibility being closest to Sharia objectives if proper regulation exists.
Conclusion: The study recommends shifting from prohibition to regulation through specific legislation, enhancing Central Bank oversight, and adopting gradual regulation that balances innovation with economic stability.

This study examines the legal interaction between the regulations of the International Federation of Football Association (FIFA) and the rules of the Treaty on the Functioning of the European Union (TFEU) in light of the economic expansion of professional football within the European Single Market.
The analysis demonstrates that, although FIFA regulations originate from a private sporting body, they produce direct legal effects on freedom of movement, the right to work, and competition rules, thereby placing them within the scope of EU legal scrutiny whenever they extend beyond purely technical sporting matters.
The examination of the case of French professional footballer Lassana Diarra reveals that certain FIFA rules concerning contract termination and transfer mechanisms—particularly those relating to financial compensation, the withholding of the International Transfer Certificate, and the joint financial liability of the new club—may effectively impose disproportionate restrictions on a player’s professional freedom within the European Union.
The judgment of the Court of Justice of the European Union confirmed that the legality of such rules is subject to the principles of proportionality and necessity, and that the objective of protecting contractual stability does not justify automatic or excessively broad restrictions affecting fundamental economic rights.
The study concludes that the autonomy of sporting regulation is no longer absolute but conditional upon compliance with the fundamental principles of EU law. This development necessitates the alignment of FIFA regulations with the European legal framework and calls for the establishment of regulatory mechanisms capable of balancing contractual stability with the effective protection of players’ professional rights, thereby enhancing legal certainty and reducing future judicial conflicts.

Research Idea: The principle of good faith is one of the lofty legal principles that gives a moral character to legal actions, going beyond the idea of being a mere legal rule, to become a standard of good behavior among the contracting parties. The research problem is centered on determining the scope of the principle of good faith in terms of time and objectivity in the Iraqi Civil Code No. 40 of 1951 and the French Civil Code 1804, especially after the French substantive amendments of 2016.
Objective: This research aims to analyze the principle of good faith in the Iraqi civil law and compare it with the French civil law, as its importance is highlighted through the growing role of this principle in achieving contractual justice and protecting the legitimate expectations of the parties, which makes it a safety valve to achieve contractual benefit.
Methodology: The research relied on the comparative analytical method to study the principle of good faith in Iraqi and French civil law, with a focus on French legislative amendments.
Results: The study revealed that the Iraqi legislator limited the principle of good faith to the stage of the implementation of the contract in accordance with Article (150), while the French legislator expanded the scope of its application in accordance with Article (1104) to include all stages of the contract, starting from preliminary negotiations to final implementation, considering it as one of the peremptory rules related to public order. The research also concluded that the principle of good faith in the two laws is no longer limited to the negative meaning (non-cheating), but has become a positive duty that includes the obligation to disclose, inform, cooperate, and prevent abuse of the right, exploitation and fraud.
Conclusion: Based on the results, the research recommends that there is a legislative need in Iraqi law to extend the scope of Article (150) to include the stage of explicitly concluding the contract, similar to the amendments of the French Civil Code, in order to enhance the legal protection of contractors in the face of arbitrariness or misinformation in the pre-contracting stage.

Research Idea: This study addresses one of the subtle issues within administrative law, namely the lapse of disciplinary sanctions due to the impossibility of their enforcement. Such a situation arises when an administrative decision imposes a sanction on a public employee, yet subsequent factual or legal circumstances render its enforcement impossible.
Objective: The aim is to examine the lapse of disciplinary sanctions owing to impossibility of enforcement by clarifying the concept of lapse, the nature and types of impossibility, and its legal effects. The study also explores how this issue is regulated in comparative legislation, particularly in French, Egyptian, and Iraqi law. Furthermore, it highlights the absence of explicit legal provisions addressing this matter despite its practical importance, identifies related challenges and gaps, and proposes solutions to ensure coherence in the legal framework governing public employees’ discipline.
Methodology: The research adopted on the analytical-deductive method through the study and interpretation of Iraqi legal texts on discipline, supported by judicial precedents and scholarly opinions. In addition to the comparative method of comparing the position of Iraqi legislation, judiciary and jurisprudence with its French and Egyptian counterparts, and the inductive method in tracing the reasons for the impossibility of implementing the disciplinary punishment in order to derive the general rules leading to its downfall.
Results: Comparative legislation and Iraqi legislation establish that a disciplinary penalty, when imposed lawfully, shall not be infringed, except in cases stipulated by law, including the impossibility of carrying out the penalty that leads to its lapse.
Conclusion: The means of commuting the disciplinary penalty is because it is impossible to implement it, as it often falls by force of law when there are reasons that make execution impossible. Impossibility is a legitimate reason for the termination of obligations or the exclusion of liability once their conditions have been met, and this naturally applies to disciplinary sanctions if their implementation becomes absolutely impossible.

Research Idea: This study addresses the phenomena of bureaucracy and administrative routine as major structural obstacles to governmental performance efficiency and the quality of public services. It explores the relationship between institutional rigidity and low productivity, analyzing organizational, legislative, and cultural factors that reinforce these phenomena within the administrative apparatus. Particular attention is given to digital transformation as a fundamental mechanism for achieving paperless administration and reducing reliance on traditional procedures, thereby enhancing transparency and flexibility in implementing public policies.
Objective: The study aims to examine the impact of bureaucracy and administrative routine on governmental performance efficiency and their implications for the quality of public services, with a focus on digital transformation as a mechanism to establish paperless administration, reduce dependence on traditional routines, and strengthen transparency and flexibility in policy implementation.
Methodology: The research adopts a comparative analytical approach, drawing on Arab and international experiences to identify successful practices in addressing bureaucracy and administrative routine, and to extract applicable lessons for improving government administration and achieving greater institutional efficiency and effectiveness.
Findings: The study demonstrates that excessive bureaucracy and administrative routine constitute genuine barriers to institutional development and the improvement of governmental services. It further reveals that weak legislative frameworks, inflated administrative structures, and the absence of effective governance and oversight are among the key factors perpetuating these phenomena within the administrative system.
Conclusion: The research concludes that transitioning toward paperless administration and strengthening digital transformation represent crucial reform pathways to curb bureaucracy and administrative routine. Achieving this requires updating legislative frameworks, simplifying administrative procedures, and reinforcing institutional governance and oversight, thereby contributing to the establishment of a more efficient, flexible, and responsive government administration aligned with modern development requirements.

Research Idea: The research idea stems from the profound relationship between criminal law and constitutional law, as the latter clarifies the system of government and the exercise of power in the state. If the government system is parliamentary, and power is transferred peacefully, there must be parties participating in the democratic process with the aim of attaining power. The establishment of these parties and their participation in the democratic process requires funds to open their headquarters and organize their activities. This leads to a need for funding in the form of cash and material benefits. One of the conditions of funding is that it be legitimate, and one aspect of legitimacy is the transparency of the funding. If the funder is hidden, or his source is concealed, or his goal and purpose are concealed, then it becomes illegitimate and requires criminal action, as criminal law intervenes to protect a public interest, which is the interest of the independence and sovereignty of the state.
Objective: The research aims to clarify the meaning and characteristics of hidden funding, given its prevalence in democratic practices. This necessitates specific provisions criminalizing the concealment of funding sources, their purpose, and their goals. Otherwise, individuals would not be able to fulfill their desired role and the expected impact. From this, we conclude that concealing the purpose and goal poses the greatest threat and danger to the protected interest. Therefore, we see the necessity of criminalizing them through specific provisions.
Methodology: To prove the research hypothesis and find a solution to its problem, we will follow in this research the deductive, analytical and comparative method, so we analyze the texts of the laws that criminalized hidden financing and the laws whose texts were used to confront that hidden financing.
Results: From a criminal perspective, illicit financing is defined as the act of obtaining financial revenues and material benefits through soliciting, accepting, or receiving them by concealing their source, concealing their value, or concealing their purpose or objective. The concealment of the source, individuals, purpose, and objective of financing is addressed through numerous provisions in various laws, due to the flexibility in their wording, as they are drafted freely. Sometimes this is addressed through provisions in the Political Parties Law, other times through provisions in the Penal Code, and still other times through provisions in the Integrity and Illicit Enrichment Commission Law.
Conclusion: Hidden funding undermines the foundations of democracy and weakens public trust in it. A widespread phenomenon requires clear legal texts to address it, in accordance with criminal law. While the concealment of its purpose and objective may not directly harm any interest, it poses a danger that necessitates criminalization. Furthermore, the concealment of the identity of the funder, as well as the source of the funds and benefits, poses a threat to the democratic process and its outcomes.

Research Idea: In recent years, there has been a significant development in the use of digital technology across various fields of life, including the field of criminal justice. This development has led to an increasing reliance on digital evidence in criminal investigations at both the national and international levels. The importance of such evidence has become particularly evident in investigations concerning international crimes falling within the jurisdiction of the International Criminal Court, due to the information and data it provides that may contribute to uncovering the truth and establishing criminal facts.
Objective: This research aims to examine the legal framework governing the admissibility of digital evidence before the International Criminal Court, and to clarify the concept and legal nature of such evidence. It also seeks to identify the most prominent types of digital evidence that have been relied upon in cases brought before international criminal courts. In addition, the research addresses the conditions required for the admissibility of digital evidence, as well as the circumstances that may lead to its exclusion.
Methodology: The study adopts a descriptive-analytical approach through the analysis of legal texts and procedural rules applicable before the International Criminal Court. It also examines judicial precedents and the practical approaches adopted by the Chambers of the Court in dealing with digital evidence, as well as assessing its probative value in international criminal proceedings.
Findings: The study concludes that digital evidence has become an important means of investigation and proof in international crimes. It further finds that the International Criminal Court admits this type of evidence despite the absence of a specific and detailed legal regulation governing it, relying instead on the general rules of evidence. Moreover, the Court relies on a set of technical and legal criteria and indicators to verify the authenticity and credibility of digital evidence before admitting it as proof.
Conclusion: The study concludes that there is a need to develop a clearer legal and procedural framework regulating the handling of digital evidence before the International Criminal Court. This includes establishing specific rules governing the collection, preservation, submission, and evaluation of such evidence, in order to enhance its reliability and ensure its effective use in achieving international criminal justice.

When the Statute of the International Court of Justice of 1945 and the Statute of the International Criminal Court of 2002 entered into force, it became possible to present many legal cases and disputes, especially those relating to border demarcation or disputes concerning the law of the sea. Or those that fall under the jurisdiction of the International Criminal Court, which is competent to try individuals, not states, who violate international legal rules and commit the most heinous crimes s t is well known that the International Court of Justice, the judicial organ of the United Nations, has jurisdiction over disputes between states, whether related to land borders or other legal matters. The International Criminal Court, on the other hand, considers cases involving defendants of different nationalities and, consequently, different languages. According to the Statute of the International Court of Justice or the International Criminal Court, there must be experts with technical expertise elected by the two courts. Here, the importance of experts is highlighted, whether they are specialists in border issues, translators, or in the medical field, or what is called medical expertise, so that these procedures complement the judicial procedures carried out by the judges of the court.

Research Idea: The research revolves around the transformation of financial corruption from a local deviation into a transnational organized crime. It examines the alignment between international legal frameworks and their implementation within Iraqi legislation, evaluating the effectiveness of regulatory tools in countering sophisticated technical methods of money laundering and the undermining of the rule of law.
Objective: The study aims to formulate a comprehensive legal strategy that harmonizes international standards with Iraqi law. This involves establishing the legal basis of corruption as a global crime, measuring national compliance with UN obligations, and assessing the efficiency of oversight bodies (such as the Commission of Integrity and the Federal Board of Supreme Audit) in combating modern corruption patterns and activating asset recovery mechanisms.
Methodology: The research employs a root-cause analytical approach to deconstruct international and national legal texts. It also utilizes a comparative approach to determine the consistency of Iraqi legislation with international protocols, along with an inductive approach to derive results and propose legal solutions.
Results: The research concludes that the globalization of corruption necessitates international partnerships to overcome the limitations of unilateral efforts. It identifies legislative gaps and political pressures that undermine the independence of oversight bodies, necessitating a transition toward proactive digital auditing and the enforcement of transparency standards to ensure deterrence before crimes occur.
Conclusion: The study finds that combating corruption in Iraq relies on harmonizing international obligations with national political will. The success of the Iraqi experience is contingent upon activating accountability, transparency, and shifting toward proactive oversight, while strengthening international and community partnerships to build a legal system that protects public funds and achieves social justice.

Research Idea: The principle of good faith is one of the lofty legal principles that gives a moral character to legal actions, going beyond the idea of being a mere legal rule, to become a standard of good behavior among the contracting parties. The research problem is centered on determining the scope of the principle of good faith in terms of time and objectivity in the Iraqi Civil Code No. 40 of 1951 and the French Civil Code 1804, especially after the French substantive amendments of 2016.
Objective: This research aims to analyze the principle of good faith in the Iraqi civil law and compare it with the French civil law, as its importance is highlighted through the growing role of this principle in achieving contractual justice and protecting the legitimate expectations of the parties, which makes it a safety valve to achieve contractual benefit.
Methodology: The research relied on the comparative analytical method to study the principle of good faith in Iraqi and French civil law, with a focus on French legislative amendments.
Results: The study revealed that the Iraqi legislator limited the principle of good faith to the stage of the implementation of the contract in accordance with Article (150), while the French legislator expanded the scope of its application in accordance with Article (1104) to include all stages of the contract, starting from preliminary negotiations to final implementation, considering it as one of the peremptory rules related to public order. The research also concluded that the principle of good faith in the two laws is no longer limited to the negative meaning (non-cheating), but has become a positive duty that includes the obligation to disclose, inform, cooperate, and prevent abuse of the right, exploitation and fraud.
Conclusion: Based on the results, the research recommends that there is a legislative need in Iraqi law to extend the scope of Article (150) to include the stage of explicitly concluding the contract, similar to the amendments of the French Civil Code, in order to enhance the legal protection of contractors in the face of arbitrariness or misinformation in the pre-contracting stage.

Research Idea: The United Nations established the Investigative Team at the request of the Iraqi government in 2017, following the liberation of Iraqi cities from ISIS. The Team began its work in 2018 and continued until 2025, during which it achieved notable results in support of Iraq.
Objective: This study aims to demonstrate the role of the Investigative Team in uncovering crimes committed by ISIS, collecting and analyzing evidence, and supporting the judiciary in holding perpetrators accountable and delivering justice to victims.
Methodology: The study adopted a doctrinal approach in examining the resolutions issued regarding the establishment of the Team and its reports, as well as an inductive analytical approach through the examination of the texts of international agreements and United Nations resolutions concerning the formation and work of the international team.
Results: The Team, headed by a Special Adviser to the United Nations and composed of a group of investigators, worked to fulfill its mandate. It focused on crimes that rose to the level of war crimes, crimes against humanity, and genocide, resulting from ISIS’s use of internationally prohibited weapons and brutal methods in targeting its victims. These crimes left behind dozens of mass graves, as well as executions, bombings, displacement, rape, confiscation of property, and the destruction of antiquities. The Team succeeded in collecting thousands of documents incriminating ISIS and submitted them to the Supreme Judicial Council.
Conclusion: Iraq was keen to establish the Team, which provided it with a substantial body of evidence and documentation to assist in prosecuting perpetrators. This also led to the establishment of the National Center for International Judicial Cooperation, which assumed responsibility for continuing the Team’s work after the completion of its mandate

The advisory opinion issued by the International Court of Justice on the obligations of states regarding climate change, while not legally binding by its nature, is an important legal instrument that can be used by affected states, international organizations, and human rights, environmental, and climate advocates to activate international responsibility in the field of climate change and make it a tangible reality in order to protect future generations from the devastating consequences of this change. The advisory opinion clearly outlines the obligations of states to protect the climate by presenting the legal basis that rests on various sources, including international agreements, customs, and legal principles. The Court even went so far as to consider some of these obligations as (Erga omnes) obligations towards all. The opinion also clarified the legal consequences of failing to fulfill these obligations, such as reparation, compensation, and restitution.

The book "Law and Social Transformation in India: A Socio-Legal Perspective" by Dr. Swaroop Mukherjee and Dr. Subhu Lakshmi Mukherjee is one of the most prominent references on the dialectical relationship between law and society in India. This work is not limited to the study of law as a system of rules and legislation, but also goes beyond that to highlight how law interacts with social, cultural, and political structures, and how it contributes to their reshaping or consolidation. Through this perspective, the book becomes a tool for understanding the nature of Indian society itself, with its immense diversity and profound contradictions.

This study approaches one of the problems facing the Iraqi Personal Status Law in terms of performing marriage contracts outside the court, despite the existence of a disciplinary text on the violator, which has negative repercussions on society in general and women in particular. This research aims to find out the legitimate reasons that led to perform the marriage contract outside the court by looking at the historical development of marriage contracts, in addition to showing the wisdom of documenting the marriage contract in Islamic law and determining the legal reasons that led to spread this phenomenon at present, and knowing of the legal implications of it. The historical method is considered to investigate causes of phenomenon development and the analytical approach is used to analyze the Muslim jurists' views and the legal texts on the other hand, moreover the analytical descriptive approach is taken into account to describe this phenomenon, and then analyze it. Interview, observation and analysis of judicial decisions in data collection are additionally considered to support this research. The researcher concludes that the marriage contract documentation in writing is not an emergency issue in the age, as some contemporary jurists call it. Rather, documenting and confirming marriage contracts started with the beginning of mankind, in addition religions and the old Iraqi laws confirmed that to keep rights. There are several legal reasons for spreading the phenomenon, including religious inheritance, marriage age restriction, the second marriage; the judges have recognized the outside marriage contract and the leniency of imposing sanctions. Several repercussions have been established on this marriage, including loss of wife and children rights without the legal repercussions of the law power on society, this causes a great problem in the country by circumventing on the judiciary and the law.