AL-Qadisiya Journal

The crime of a false report is one of the most dangerous things that lead to obstructing the work of the investigative or judicial authorities، which leads to a breach of the course of justice، as it leads to the investigation and judicial authorities being occupied with fictitious cases، as the presence of a real crime entails the investigation authorities conducting investigations، investigations and other investigative procedures in order to stand In fact، this applies to a false report، as the expert’s fabrication of misleading information on crimes requires the same effort، and in the case of judicial rulings based on investigative procedures as desired by the expert، it may lead to exposing innocent people to criminal penalties، and as a result، the penal legislation has unanimously agreed to criminalize Anything that leads to a breach of judicial administration or، more generally، a misrepresentation of justice، and one of the offenses against judicial administration is a false expert’s report.
Although the penal legislation، foremost of which is the Iraqi Penal Code، has found penal provisions to address the various crimes that lead to a breach of the judicial administration، including the false report، in a way that enables it to perform its work away from what leads to a breach of the judiciary، but this does not mean that this response is sufficient Because in some cases it requires that the punitive text be parallel to the criminal danger caused by the crime، and this is what we did not find in our research، as the legislative text needs more formulation، whether at the level of elements or punishment

It is known that the employee is in an organizational legal center governed by the laws, regulations, and instructions related to the public job, and his relationship with the administration is not permanent, but ends for one of the reasons, including referral to retirement, resignation and dismissal. by reset method. Accordingly, the reappointment includes enabling the employee to perform the job again in the administration, after his job relationship with the administration was cut off, as Iraq witnessed in different eras stages of economic deterioration and security and political turmoil, which prompted a number of employees to leave the public job, especially in The times when the private sector has witnessed a relative recovery relative to the public sector, and the administration may need more employees to fill the shortage in the human means in the job work, as well as the use of experienced employees and those with rare specializations and efficiency, for all of the foregoing granting the law an exception for re-appointment

Undoubtedly , the legislator has the authority to assess the motives of the legislation and the goals it seeks to achieve, and the freedom of organization that it deems appropriate to achieve those goals , assessment and comparison between alternatives and options
If the will of the legislator is directed to achieve goals that contradict the goals for which the constitution grants him this authority, such as targeting specific political or partisan interests or harming a specific group, then the legislation is tainted by legislative deviation.
The issue of the legislative authority’s competence to legislate laws and its enjoyment of the discretionary power does not necessarily mean freeing its hand and not confronting it by the constitutional judiciary, whether by repealing the text that contradicts the constitution or refraining from its application. hidden contradiction between them

This study focused on defining the concept of crimes against honor and the most prominent characteristics of these crimes were discussed distinguishing them from what is similar to them as distinguishing them from honor crimes and crimes against the honor of the job. The Code of Criminal Procedure and the consequent deprivation of some rights and privileges as well as the impact of breach of honor on the description of the crime and the assessment of the penalty a set of results and recommendations have been reached

Private presses practice various activities، including those related to printing،including other activities related to printing، such as selling، trading and publishing what they print، and this is often done by agreement between the author of the work to be printed or published and sold and the owner of the printing press، but sometimes the owners of the printing press reproduce،publish، sell and circulate Written works without obtaining permission to do so from the copyright owner or his heirs after him، the crime of piracy of written works is realized through the violation of copyright rights that copyright protection legislation or intellectual property legislation ensured appropriate legal protection for it by imposing a criminal penalty on all Whoever infringes the legally defined copyright

Our era is now marked by the age of information، as their formation is stored electronically and in the cloud، which encouraged spying on it. Espionage has become a phenomenon. Countries are eager to know other secrets، especially if we know the difficulty of knowing the perpetrator، and the absence of legal texts prohibiting this act. On the contrary، some countries believe that Espionage has become a customary rule، as countries have begun to spy on (diplomatic archives) diplomatic documents stored electronically، which endangers the stability of international relations and peace، and there is no doubt that this act of espionage، although there is no international rule that publicly prohibits it، is illegal for violating many legal rules، especially those related to the sanctity of archives and diplomatic correspondence، as well as a violation of respect for the territorial sovereignty of electronic (infrastructure). (electronic) for the state victim of espionage، and therefore whoever commits this act is responsible for it under the rules of international responsibility، and it has the effects of international responsibility

The problem of illegal immigration has aggravated and its causes, effects and types have varied, and the concept may be approached with others due to the presence of similarities with them, and the interest in combating it has increased, whether at the international level by concluding legal or multilateral international agreements and treaties, and even bilateral and at the regional level, especially Europe and the Western countries in which this migration is spread, which is It is an exit outside the borders of the state of origin to the state of the emigration without this exit by explicit and clear official legal documents, and migration is an international crime that states have confronted by every means

The Republic President under the constitution of the Republic of Iraq for the year 2005, is considered as the first executive person, the protector of the constitution, the head of the state, and many legislations give him executive powers, whether in normal or exceptional circumstances, and under exceptional circumstances, these competencies expand in order to protect the state if it exposed to unusual circumstances, internal or external. To know these competencies and the constitutional budget for them, this research came

According to the general rules of civil law, the contract is concluded as soon as the offer is linked to the acceptance, if its place and reason are considered legal, without prejudice to the special conditions required by law for the conclusion of a section of contracts. The concept of the electronic contract and the mechanism of its convening according to the Iraqi legislation and some other legislation, without entering into all the technical details of electronic transactions. Such as: E-mail, telex, telephone and web, through (offer and acceptance): The offer and acceptance in the electronic contract do not differ from them in the ordinary contract except in terms of the means used to express the desire to contract by electronic means; The electronic offer can be binding if it is associated with a term, as the offerer remains committed for the duration of the term, but there is a special case in which the electronic offer is binding, as if the offer remained displayed on the electronic page of the offeror, As for electronic acceptance, it is done by electronic means

The rulings and decisions of the Federal Supreme Court may not be correct and correct in all cases، because the constitutional judge may be right and may err، and since the Constitution has decided that the rulings of the Federal Court should be final and binding on all parties، and it is not acceptable to appeal in any way of appeal، it has become necessary That the court devise a self-correcting method to correct the defective judgments and principles that it established in its previous judgments، by resorting to the implementation of the principle of judicial reversal، which is that the court issues a new judgment or judicial decision that includes an explicit and clear contradiction to a legal principle that was decided by the same court in a previous judgment. It relates to the subject matter of the case itself and to the same circumstances and merits surrounding it، without amending the constitutional and legal rules that were the basis for the issuance of the judgment.
The problems raised by following the principle of judicial reversal are great and numerous، including those related to constitutional texts، where the problem of the inadequacy and ambiguity of these texts is raised at the federal level، with regard to the non-regulation of the court’s jurisdiction with judicial reversal، neither constitutionally nor legislatively، which is a deficiency that must be completed، and some of them relate to In the applied reality، where the problem of the difficulty of applying this principle arises because it collides with the principle of constitutional security، and there is no effective guarantee in the constitution or the Federal Court law to achieve a balance between the two contradictory principles. In this regard، the difficulty of balancing the principle of stability and stability of judicial rulings and the possibility of reversing them is also raised.
The study yielded several results، hoping that it would contribute to finding legal and constitutional solutions to these problems in a way that ensures the effectiveness of the Federal Supreme Court and achieves judicial proficiency in its rulings.

Within the framework of the modern legal state، the administration cannot work without the powers and powers established by law in accordance with the principle of legality in order to advance the burdens entrusted to it for the public benefit. State intervention has increased in many new and previously unknown fields، including modern technological fields. This has imposed on the administration an increase in its duties، more importantly، the maintenance of public order with its well-known components: Public security، public health، public tranquility and public morality. The authorities that the administration enjoys in various circumstances are justified only by the goal of achieving the public benefit، so that if the administration desires to achieve a self-interest for its members at the expense of the public interest، its behavior will be tainted by nullity for the defect of purpose or goal. In normal circumstances، the administration possesses legal powers in administrative police in order to protect and maintain public order with its aforementioned elements. However، these powers expand in certain circumstances، so that they are speedy، immediate، and unpredictable، which requires the administration to be armed with powers wider than those recognized by them under normal circumstances. Granting the administration these additional powers do not mean absolutely freeing them from being subject to the law. It remains bound by the emergency law or the law of exceptional circumstance، which represents the principle of exceptional legitimacy. Granting the administration these additional powers do not mean that they are absolutely free from submitting to the law and the supervision of the judiciary. They remain bound by the emergency law or the law of exceptional circumstance، and their actions remain subject to judicial control، even after a while، and this is the principle of exceptional legitimacy. In light of a serious pandemic، such as Corona in Iraq، declaring a national emergency would be more effective in protecting the lives and freedoms of individuals from relying on administrative decisions due to estimates and assessments that may be right or not، at a time when the gravity of the pandemic cannot bear such weightings. Therefore، the issuance of a unified emergency law becomes unavoidable in order to clear the ambiguity in the current legal situation represented by the existence of two emergency laws in Iraq.

In the framework of regulating the exceptional administrative and financial oversight role of the Public Prosecutor, Public Prosecution Law No. 49 of 2017 was promulgated, which gave the Public Prosecutor an exceptional role in dealing with cases of financial and administrative corruption by instituting and investigating cases, through the establishment of an office The financial and administrative public prosecution in the ministries and independent bodies, with the aim of establishing a legal organization to move towards a specialized claim with an exceptional oversight role in combating corruption, as the "administrative and financial public prosecution" enjoys specific powers similar to the prerogatives granted to investigating judges, and the researcher tries to explain the nature of these procedures and their legal value, and the competencies granted to the public prosecutor in an exception and the powers assigned to him

Drug crimes, including the crime of drugs abuse and psychotropic substances, are among the most dangerous crimes for the individual and society due to their harmful and rapid spreading effects, which prompted countries, including Iraq, to work to combat them by various means and methods, whether inside or outside the country. It works to combat illicit trafficking in it and its abuse and came with remedial and preventive measures to reduce these crimes, in addition to adopting penalties that differ in severity from one law to another and from one country to another

The objective of determining the administrative decision is to know the nature of the activity practiced by the administration as a work in which the latter plays a major role. In the activity is reflected in the decisions taken by the management.
Proceeding from this type of management activities, it can be said that if the administrative decisions are characterized by being effective decisions due to their unilateral character that gives them the character of public authority, then this characteristic may be absent regarding some of the actions carried out by the administration, so the restricted authority of the administration in the decision Administrative in embodying the principle of legality in order to achieve a balance between the requirements of protecting the rights and freedoms of persons and the requirements of preserving the public interest

This research sheds light on the criminal responsibility of the donor for the transplant of his organs. This research aims at shedding the lights on the concept of donation and the extent of the possibility of endorsement the criminal responsibility of the donor using the texts of the Iraqi legislature. The research problem is that the donor is a victim in most of the laws. Could he be punished if he violated the provisions of the law? Would the punishment be absolute or restricted? The research highlights the concept of human organ donation in one part, and the donor’s criminal responsibility and the punishment assigned to him in another part. The researcher reached a number of results and recommendations, including; The donor is the focus of protection in criminal laws related to the prevention of trafficking in human organs, and the Iraqi legislator punished the donor with exaggerated and sometimes unjustified penalties. Among the most important results that have been reached is the need to restrict the responsibility of the donor to human organs in the field of donating issues related to the mixing of lineages, and the need to modify Article (17/second) of the Iraqi Human Organ Transfer and Transplant Law to limit the punishment to that issue only, as well as the need to delete the phrase 'consent of his relatives' from Iraqi law as it is not needed because the approval is a matter related to the donor only.

It is no secret to anyone that taxes are one of the main resources of the state and an important source of funding for the public budget, as well as its role in achieving economic and social stability by redistributing income and reducing class differences between different groups of society, in addition to its role in achieving political stability, but that Tax legislation is no longer limited to those traditional jobs or goals of the tax, but the latter has become an additional role as an effective tool to confront the dangers of environmental pollution resulting from economic development operations, and for the purpose of taking note of non-traditional goals of the tax and its role in achieving what is called In the green economy, we will separate the research on this subject according to two independent studies

Due to the expansion of the base of sports competitions in all countries of the world because of their public and financial impact, it has become among the priorities of the countries’ plans in developing the capabilities of the youth category first and obtaining sports investments in organizing various international sports tournaments secondly. Within countries or from the world at the level of world championships. Since sports competitions are based on the spirit of sports competition between players and this is the most important characteristic in competitions, illegal companies, criminal groups and influential individuals have taken advantage of their economic and financial influence to manipulate the results of sports competitions for the purpose of obtaining money and privileges through agreement with certain countries or With coaches, players or referees to divert the results from their normal course in exchange for an advantage or benefit for these parties.
It was necessary to move internationally, whether through international organizations such as the United Nations or through regional organizations such as the European Union and others, as well as a move at the national level, as countries began to put the remedies for this crime in punitive laws, where it is imperative for countries to speed up the development of deterrent criminal and financial penalties and are still Many countries do not care about these risks that threaten sports competitions on the one hand and threaten global financial transactions on the other

In order to finance its public expenditures, the state relies on a number of different sources, the most important of which are taxes, which occupy a large place in most constitutions of states and ensure that they regulate them in special and independent laws to reduce the phenomenon of tax crime by providing for acts that are violations and the penalty they entail to protect public interests and provide legal protection for state revenues as one of the most successful means of achieving social justice and a tool to address various general economic phenomena, namely, the Iraqi legislation of the Income Tax Act. The property tax and the tax of the tax in addition to the non-tax penal laws and the statement of the competent authority in imposing these sanctions and the most important legal guarantees established and the extent to which these sanctions are appropriate and effective in reducing tax violations by practical and analytical study

It is not possible to imagine the existence of an authority in a state without the presence of someone who opposes it in the administration of government, and this opposition may be armed, and it may be peaceful. Decisions that are in the interest of the citizen and this is called the right to demonstrate or the right of assembly or assembly.
That is, the right of individuals to gather in a public place for a period of time to express their opinions or to demand a specific demand, whether in the form of speeches, discussions or by chants. Since the right to demonstrate is one of the important rights in life and possesses a certain privacy, it was necessary to state the position of the ordinary legislator and the constitution towards it, as well as to indicate the judicial means to protect this right

Living modified organisms، with their multiple aspects، especially those related to their production، health and environmental risks to biosafety، the increasing rates of cross-border transmission، and the means of protection against them، are among the most prominent issues that have received and continue to receive a great deal of international attention in the last two decades. The impact of human activity and the development of scientific techniques on the environment and natural resources، and the importance of this topic. This research will discuss the international protection of biosafety “a legal study under the Cartagena Protocol of 2000” and because the talk about biosafety extends to the extent of this topic،our study has been defined within the scope of the Protocol Cartagena for the purpose of clarifying the extent of its effectiveness in providing protection for bio-safety، as well as for a better understanding of this topic، which is one of the emerging issues in environmental life that has enjoyed and still enjoys great importance in the contemporary international community، especially with the increasing rates of production of living modified organisms.

Public offers for the purchase of shares are made by the person wishing to acquire publicly notify the shareholders of the target company of the acquisition that he has a desire to acquire the shares they own in the company at a specified price in cash، or by exchanging shares for shares، note that these public offers It responds to shares that form part of the capital and gives the right to vote on the decisions issued by the company’s board of directors. This means that the public offers to purchase shares is the acquisition and control of the board of directors of a particular company and control over the decisions issued by it.

The fact that the invention is not registered does not mean that the inventor does not have some rights over his unregistered invention, as we may find there are a set of rights, some of which are proven to him by the text of the law as the right of prior use, and others prove to him that he is the owner of a commercial secret such as licensing and assignment. The failure to register the invention does not deprive the inventor of all legal protection, as he can resort to patent laws that provided temporary legal protection for his invention. However, these laws do not provide adequate protection unless the idea is embodiment and application on an experimental level and registered in the form of a patent. Undoubtedly, the inventor may sometimes face another person who preceded him by registering the same invention, i.e. another person obtained the patent that proves his ownership of the invention the patent laws addressed this issue and granted the inventor the right to prior use of his invention despite not having obtained a patent.

The study examines a topic of a degree of importance in practical life، which is the resort of individuals to demand confirmation of facts that fear the passage of time that may lead to the loss of their features، which may cause damage and loss of rights due to the lack of evidence، and that resorting to the judiciary with such a request may seem incompatible with the job The basic principle of the judiciary is the issuance of separating judgments after allowing the parties to submit the subject of their dispute to the court، supporting their requests with evidence so that the final judgment results in an authoritative ruling that binds everyone and in a way that cannot be reversed، except to follow this long series of procedures and the requests that the plaintiff should provide to complete them In some cases، it may cause the loss of the purpose or wisdom of the existence of the judiciary، which is to preserve the rights and legal positions of individuals.

Countries that have oil wealth, such as Iraq, are seeking to contract with foreign companies because of the expertise and advanced technology they have. Contracts that need several guarantees to attract foreign investment. If the Iraqi oil policy has undergone a change after 2003, then that policy has been affected by several circumstances, most notably the entry of the coalition forces and the political, security and legal obstacles it caused, all of which made investment in this The sector is going through several obstacles, and searching for solutions to these problems requires a case study and evaluation to identify the most prominent ways to advance the investment in this vital sector.

Where this study examines the problem of lack of credit in transactions by shedding light on this special case of the guarantee، which was dealt with by the laws in question and organized part of it، leaving some of its provisions to the general rules، as the multiplicity of guarantors is based on the idea of having more than one guarantor - obligated - who guarantee the debtor's fulfillment The guarantor when the latter fails to pay، then it is possible to refer to the rules of the multiplicity of the parties to the obligation on the one hand، and on the other hand، each of the guarantors guarantees the debtor’s obligation either by guaranteeing all of his financial liability (the personal guarantor)، or by guaranteeing a certain money allocated for this purpose ( In-kind guarantee) and accordingly، the provisions of the insurance and possession mortgage are present in the surety contract، and this is what this study tries to gather its diaspora throughout the division paragraphs that were placed in its framework

The subject of the legislative climate and support for the implementation of the local content requirement One of the new and important topics in the field of legal thought، And the inclusion of any new legal idea is not an easy matter، as it faces a number of obstacles standing in its way Such as the lack of legislative cover that binds local content، in addition to the need for theoretical and practical requirements The credibility of the first is embodied by the methods of imposing the requirement of local content، and the other related to technical and human localization.
The implementation of the local content requirement as a tool used by states to increase the participation rate of local elements of goods، services and employment، Needs a pre-prepared enabling environment، This can only be achieved after identifying the most prominent obstacles facing the condition and then preparing the requirements in light of the obstacles that have been identified to put the local content requirement into effect، including the absence of legal texts that serve as the legal cover for imposing the local content requirement، In addition، the implementation of the condition requires several elements when available. The imposition of local content is effective and achieves the goal that the adopting countries seek to achieve، which is to expand or extend the benefits of mining activities in a way that serves national interests. This policy is an attempt to grant local stakeholders، Access to contractual opportunities، whether by employment، participation in the supply or the provision of related services، and this policy can be strengthened by providing an appropriate environment for the implementation of the condition and working to meet its requirements and address its obstacles

The research deals with the establishment of the Iraqi Center for International Commercial Arbitration as one of the serious steps in which Iraq seeks to adopt the institutional arbitration system، and the arbitration centers play a key role in providing the necessary guarantees to encourage foreign investment in general، which is an indispensable step. ، as there are many drawbacks and ambiguities accompanying the establishment of this center، which we will try to shed light on and the joints working in it.

Custody is one of the most temporary measures through which the disputed money is preserved, in addition to that, it allows the quick fulfillment of the right when it is judged, which achieves a benefit for the conflicting parties, which results in reducing effort and expenses, as guarding of all kinds leads to preventing harm to the owners The matter is in the event that the dispute continues, and the money remains in the hands of the possessor, especially during the deadlines required for adjudication on the subject of the right in the event that a lawsuit is filed in it.
However, custody as a measure to protect funds entails several obligations on the person responsible for it in the event of a breach of these obligations, but his responsibility does not arise only from the breach of his personal action only, but rather his responsibility for the damages caused by the funds in custody and the damages caused by consequential damages

The Contracts concluded by the Minor under the English Common law are classified into Contracts valid at common law، Contracts voidable at common law. and Void contracts at common law. It is worth-bearing in mind that the valid contracts are sub-categorized into Contracts for necessaries، and Beneficial contracts of service for minors. The contracts concluded by the drunken are sometimes valid، and void in other cases. The same is true for the contracts concluded by the mentally disordered persons. Whereas the Iraqi Civil Law No. (40) of 1951، classified the contracts according to the capacity into contracts purely profitable and purely harmful، and contracts which are at the same time profitable and harmful. And the Iraqi law of care of minors No. 78 of 1980 defines both the minor and the infant

One of the most prominent human behaviour is the gift contract, which is considered to be one of the most important acts in which property is transferred between persons and which may be intended for the face of God or for the talent to provide a service or a beautiful response to a person, the gift system has been known for a long time. The Islamic religion has confirmed this meaning. Modern laws have incorporated and regulated this system, the importance of the hidden gift is reflected in the importance of the gift contract itself, in this research, we have tried to answer some questions, including the attitude of Islamic jurisprudence to the hidden gift, the difference of the hidden gift from the exposed gift and the legal regime to which the hidden gift is subjected, what is the position of the legislation on this gift, in particular the Iraqi legislature, and what is the comparative position of the Iraqi judiciary on this subject, so we split this into three detectives, and in the first, we dealt with the hidden gift in general with three demands, the first request dealt with the concept of a hidden gift, the second with the legality of a hidden gift and the third with the terms of the gift, in the second topic, we addressed the conditions of the hidden gift in three demands as well, the first request dealt with distinguishing the hidden gift from the discharge, the second with distinguishing the gift from the hawala and the third with distinguishing the gift from the requirement in the interest of third parties. The third research dealt with the provisions and images of the hidden gift in three claims as well, the first with the substantive provisions of the hidden gift, the second with the proof of the gift and the third with the images with the gift, we concluded our search with a ring through which we reached some conclusions and proposals.

The publication contract which concluded between the author and the publisher create mutual obligations between them. According to these obligations both parties must respect these rights which contain by the contract. The contact parties must obligate to not exposure to the rights stipulated by the contract. This principles stipulated and regulated by many states’ laws namely the French law of protection the intellectual property and art of 1957, the Germany law for the author right protection of 1965,and also Egyptian law of protection the author right No. 29 of 1954. The Iraq also promulgates the law No. 3 of 1971 to protect the author rights. So, according to the Iraqi law, if anybody abuses these rights either by the author himself or by third party that will make them responsible according to the tort law. Then the parties who abuse these rights have to compensate the other party or remove the causes of exposure or terminate the contract. Therefore, this article will ivied into three sections. The first section explains the concept of the exposure grantee and its legality. The second section devoted to illustrate the types of exposure while the last section discusses the implications of publication contract. The important suggestions and solutions would be contain by conclusion

The civil action begins between the plaintiff and the defendant، and its scope is determined، in terms of persons، subject and reason. The legislator has permitted the intervention of others in the action. Either I join one of its parties، or my litigation claims a right for himself، contrary to the principle of not changing the scope of the litigation. An existing litigation to defend his interests، and the scope of this intervention varies between the courts of the first degree and the courts of the second degree، and by entering it the scope of the case expands، and the intervention is according to conditions set by law، and the intervening takes different provisions according to the type of intervention، and the degree of the court before which he wanted to enter

Maritime risks have a clear impact on international trade, which negatively affects the national economy of countries. Therefore, we find a clear interest, especially from national laws and international agreements, which explicitly regulate marine accidents and marine risks to which the ship and goods are exposed during the sea voyage. We find that responsibility is arranged in The case of marine collision and according to the nature of the damage and the party that contributed to the occurrence of the damage, we also find that it gave the captain the authority to throw the goods at sea to rid the ship and the goods from the real danger of falling and this leads us to the realization of the joint marine losses system, which is an authentic maritime system that does not exist in the rest of the other activities in the same way that it presence in the marine system Marine insurance and marine sales, including the fare that is covered by insurance, also appeared as a result of the marine risks that the marine voyage is exposed to while it is at sea, so our topic was "Marine risks and their impact on international trade - a study compared to international agreements and national laws.

The Civil Procedure Code, and most of the procedural legislation has stipulated the necessary data that must be included in the provisions, without arranging them in a logical order, is approach a special philosophy in writing the judgment, but he neglected to refer to the details, in writing the introduction and presenting the facts, although he mentioned the reasons and the pronunciation, and organized them in explicit legal texts.

The seizure of the debtor’s real estate and its sale as a guarantee to fulfill the debt when the debtor fails to fulfill his obligation is one of the most common facts. The Iraqi legislator has organized everything related to the actions that are contained in the real estate in the civil law, the real estate registration law, and the implementation law. These problematic problems related to the executive procedures and the problematic related to the fact that the seized property is the only dwelling house or rented to others and the problem related to the divorced wife’s right to housing and the problem related to the fate of the information of non-disposition

Undoubtedly, the Court of Cassation is the highest authority in the hierarchy of the judicial organization, and cases that have been decided upon by the lower courts are submitted to it in order to examine and scrutinize them, and to indicate whether the trial courts have applied the right law or not, by appealing against them before this court. , and this is the origin by which the courts of appeal are known in most legislation.
However, what was entrusted to this court of the task that was manifested in deciding the case when the judgment issued in it was set aside if it was valid for adjudication is what prompted jurisprudence to describe the Court of Cassation as a third degree of litigation. It was said regarding the justification of this task that it aims to save time and expenses, as the Court of Cassation resolves the dispute without returning the case to the trial court.
This task is not absolute, meaning it can be exercised by the court of appeal every time it overturns the contested judgment. Rather, the factual aspects of the dispute must be complete and do not need investigation in this aspect. The work of the court is limited to applying the rule of law to the facts, given that the collection of facts is one of the releases of the trial judge only.
But the legislator has granted the court of appeal the right to summon the litigants, seek clarification from them and present their lists, and this is what has been problematic for the Court of Cassation because in this way it becomes one of the degrees of litigation, In this research, it will become clear to us whether the Court of Cassation has remained as it was known or whether it has actually be com degree of litigation

There is no doubt that the endeavor of the national legislator to develop its internal legislation, especially with regard to developing the status of the foreigner to improve his legal status, is always reflected in the political and economic life of the state. Through several outlets, including it may be for the purpose of investment, tourism, study, treatment, visit, search for job opportunities, or for the purpose of taking a safe haven, and in the face of this increase in resources of various types and addresses, each category of foreigners will be accompanied by funds that these categories will carry to the host country according to their addresses Its objectives and the outcome of collecting those funds. The state will have a reserve of foreign currencies that will have a positive impact on strengthening its national currency, developing the economic aspect, and national development in it. For state lands with their various addresses, and to take note of this issue, it will be divided into two demands. In the first, we will discuss the role of the national legislature in Organizing the procedural center for the foreigner, while we will devote the second to studying the role of the national legislator in organizing the substantive center of the foreigner, and then a conclusion that includes the most important results and proposals

Trademarks in the contemporary world are undergoing a dynamic process of change, in conjunction with the steady development of communication and marketing strategies, as companies seek to develop not-traditional brands as brands in the field of international trade. Since non-traditional trademarks have enjoyed wide protection among the members of the World Trade Organization, the issue of registering non-traditional trademarks has raised some legal problems. Therefore, this article will focus on the issues of registering non-traditional trademarks from the perspective of international agreements, but after a brief introduction to these non-traditional marks, and a discussion of whether non-traditional marks can constitute trademarks by analyzing the definition of the trademark stipulated in international agreements, To address the international registration of non-traditional trademarks, and thus the research provides an analysis of the texts of the TRIPS Agreement and the Paris Convention for the Protection of Industrial Property of 1883 related to the registration of non-traditional

The doctor is obligated to inform the patient like other professionals, and in order for the obligation to inform is imposed on the debtor, who is usually the professional or the professional (the doctor), it is necessary for the latter to be aware of that data or information, and the obligation to inform is a previous obligation of the contract between Persons imposed on the contracting party either the law explicitly or the contract to be concluded, or the general principles in the law such as the principle of good faith before contracting, and the information has a special importance for the patient in view of the importance of the subject of the contract in this area, which is the medical work to be expected on the patient’s body, the patient’s ignorance of the data One of the established principles in the medical field for a long time is the doctor’s obligation to inform the patient and inform him of the risks of disease and treatment, as the doctor is obligated to inform the patient about his health condition, its expected development and type Suggested treatment.

The jurisprudence of private international law adopts two different approaches in the extent of the implementation of applicable law: the first: the direct approach, whereby the judge applies the objective rules to the dispute directly before him, and the second approach: it is what concerns us in this regard (the indirect approach), which is the presence of rules Specific in the law of the judge before the dispute and called - the rules of international conflict or the rules of attribution - and they are the legal rules that guide the judge to the law applicable to legal centers with a foreign element, and they are rules set by the national legislator and according to which he chooses from among the most appropriate laws to break the international special relationship.
These national rules differ from one country to another, and they are indirect rules in the sense that they do not apply directly to the dispute before the judge, but rather refer to the applicable law .
With this fact, the implementation of the indirect method is surrounded by many problems and difficulties that made conflict of laws one of the most controversial sciences, and this is what prompted the researcher to return to the jurisprudential foundations adopted by our Iraqi legislator in setting the articles on international conflict from the articles 17 to 33 .
This study shows the areas of criticism of some articles that need to be modified And delete some of the texts in question and put alternative texts In line with the great development in comparative techniques ..

The issues of concern for the environment and its protection have become a social phenomenon, which is of interest to all countries of the world, both developed and underdeveloped. Legal studies and research that focus on the issue of environmental protection from pollution, and all countries have issued many laws that are concerned with protecting the environment, including the Iraqi law, which issued the Environmental Protection and Improvement Law No. 3 of 1997, as well as the Egyptian Environmental Protection and Improvement Law No. (4) of 1994, For the purpose of compensation for environmental damage, several conditions must be met. Among these conditions, the damage must be real and direct, and the damage must be a right or a legitimate interest. Compensation for environmental damage may be in kind, i.e. returning the situation to what it was before the occurrence of the environmental damage, or the compensation may be In monetary terms, if compensation in kind is impossible, the environment is the sum of the factors that affect the environment in which a person lives