Risalat al-huquq Journal

The seller\\'s obligation in a contract of sale is not confined to the mere physical delivery of the sold item to the buyer; rather, it extends to guaranteeing the item\\'s fitness for its intended purpose an assurance that can only be realized if the sold item is free from latent defects that diminish its value or utility. In the traditional environment, the practice has been to detect such defects through manual inspection carried out by a technical expert, who serves as the primary means of verifying the soundness of the sold item. However, the accelerating pace of technological advancement, accompanied by the emergence of digital systems and smart products characterized by a high degree of complexity, has given rise to a new reality in which traditional methods are no longer sufficient to detect the defects that such products may conceal particularly those related to algorithms or software architecture.In this context, artificial intelligence has emerged as an advanced technical tool, operating through algorithms capable of learning and analyzing vast quantities of data

Labor law is a modern branch of law, but it has acquired a special identity that distinguishes it from the rest of the other branches of law as a result of the circumstances it has gone through and the resulting collective labor relations and disputes. Therefore, labor law is characterized by a realistic nature and an independent technical drafting, in addition to rules of a mandatory nature, and we have dealt with this in the first section of this chapter. This law is also characterized by the principles of interpreting its rules, facilitating litigation procedures for workers, and accelerating the resolution of labor lawsuits and disputes.
International treaties have confirmed this right through the Universal Declaration of Human Rights 1948 and the International Covenant on Economic, Social and Cultural Rights 1976. Article 23 of the Universal Declaration stipulates that everyone has the right to work, and has the freedom to choose employment under fair and suitable conditions, and he also has the right to protection from unemployment. It has also been confirmed the necessity of giving equal wages for equal work without discrimination, and that every working person has the right to obtain a fair wage that guarantees for him and his family a dignified life worthy of human dignity. The Iraqi legislator has turned to the importance of forming labor courts that undertake the task of considering labor disputes arising from the application of labor law. When it issued the Labor Law of 1958, it allowed the Minister of Justice, in agreement with the Minister of Labor and Social Affairs, to form this court, and based on that a labor court was established in Baghdad that undertakes the consideration of all labor disputes in 1968. Thus, the labor court became the competent authority for this type of disputes after the Court of First Instance had been undertaking the task of adjudicating these cases and relying in its rulings and procedures on civil laws and the Code of Civil Procedure. From that date we have had a specialized labor court.
This research deals with the importance of the labor judiciary in Iraq in promoting social justice and protecting the rights of the two parties of the work relationship. It focuses on the necessity of unifying judicial jurisprudence in labor disputes, as the multiplicity of legal interpretations of the texts of the Iraqi Labor Law may lead to disparity in judgments, which negatively affects legal stability and confidence in the judicial system

The fundamental principles and rights related to work can be considered human rights, enjoyed by both workers and employers. The realization of these principles and rights is itself an achievement. One of the most important features of labor law is its binding nature, as it makes its rules part of the public order, and agreements that contradict them are not permissible.
Protecting workers\' interests is the primary objective of these rules. Any violation of these rules that reduces the minimum level of worker protection is considered null and void. Conversely, any violation that enhances worker protection is considered valid. Numerous judicial rulings have affirmed this binding nature of labor law rules. For example, the Iraqi Labor Court ruled that \"labor law is a binding law related to public order.\" Similarly, the Egyptian Court of Cassation ruled that labor laws must be adhered to because they pertain to public order. These laws regulate labor relations, including individual employment contracts, to protect workers and achieve a balance between their rights and the rights of employers.
Keywords: System, legal, unions, labor, impact, rights, workers.