AL-Qadisiya Journal

The subject of the research: The task of the legislator is to find sound legal solutions to problems related to personal status issues, and no legislator, regardless of the ability, can develop solutions for all matters related to personal status, so he tries to shorten the way by referring the judge to the ruling unless There is a text regarding the provisions of Islamic jurisprudence, and this is what the Iraqi and comparative personal status law did. The importance of the topic: The topic is distinguished by its importance on the theoretical and practical level. Regarding the theoretical side, we find that despite the lack of studies that dealt with the idea of referring to Islamic jurisprudence, most Arab family legislations have adopted this principle as one of the most important solutions developed by the legislator according to As for a special philosophy, as for the practical side, we find that this principle may mitigate the defect of the legislative deficiency when the judge applies a certain doctrinal opinion in a matter for which no text has been received, which leads to the speed and efficacy of solutions to many of the issues presented to the judiciary, and reducing cases of dismissal of the case due to Lack of legal solution.

Since the stock market has a prominent role in the development and development of national investment, the countries have developed and developed and work to protect it, and did not undermine confidence in it due to illegal practices, most notably money laundering, which aims to legitimize funds that are originally of non-origin Therefore, the legislation of most countries of the world has put in place a special control system to combat the money laundering process in the market. Such legislation is the legislation of the US, Kuwaiti and Iraqi, and the licensed person plays a large role in the operation of the securities market, Through which the client is su In addition, the regulatory authorities have imposed on them the task of monitoring and following up their implementation to ensure that the authorized person applies the provisions of the Anti-Money Laundering Law and the regulations, instructions and decisions issued in implementation. And the procedures and internal controls adopted by it for this purpose, these agencies are the task of follow-up and control, whether by the Compliance Officer or by other regulatory bodies stipulated by the Iraqi legislation.

Legislation has decided rights for the shareholders of the company, and among those rights is the right to vote in the meetings of the general assembly of the company to resolve the topics of the meeting agenda that need a vote for approval, including voting to choose the members of the Board of Directors in the company, which is one of the main executive bodies that all shareholders present must participate. However, the practical reality revealed that the role of the minority shareholders who have fewer shares than others in the general assembly meetings will not have an active role in choosing the members of the company’s board of directors due to the lack of votes they have - which is related to the number of their shares - and for it and for Creating a state of balance in choosing the members of the company's board of directors and not limiting it to the majority. Another method of voting was organized, which is cumulative voting

The law also protects authors from attacks by third parties that may affect their intellectual works by various civil, criminal and procedural means. It also gives the right to others to fulfill their rights in the direction of the authors in all ways if they become the last in the centers of civilians, such ways that the creditors of the author to realize their rights through them, the seizure of the author's financial rights to mental works or the seizure of copies copied from these In accordance with the general rule established in the jurisprudence of the Civil Code that "all the debtor's money is secured by the payment of its debts". The civil legislation differed on the ruling on seizure of the author's financial rights to fabricate the opinions of jurists as to the possibility of signing such a reservation or not. In order to study this research we had to clarify the meaning of the reservation in general and according to the accepted laws of all countries according to the public and private interests To States and to preserve the rights, which may at times be closely related to the individual. As we have shown the most important conditions that cannot be achieved without the detention order so as not to be a waste of rights of any kind. In addition, we dealt with the jurisprudential and legislative concept of the type of unjust attachment to the financial rights of the author, especially after the tremendous development in the emergence of modern and contemporary models, which were the product of the author's mind and considered financial rights to the conclusion of my research, which dealt with the scope of custody of the financial right, As well as the works that cannot be seized, and the conclusion of my research was the most important findings and recommendations that may be adequate to the content of the research.Keywords: copyright, financial rights, seizure of funds

The technology transfer process is an intellectual process, and it arises between the countries from which it imports and the other imports, as the supplier provides the opportunity for the importer to access the information and experiences that he must provide to the importer, and to complete this process there must be cooperation and exchange between the two parties to the transfer process and be subject to a contract Technology transfer is the technical information that the technology exporter is obligated to supply to the importer, and this information is either the subject of a patent or is owned without obtaining a patent for it, and yet it is subject to legal dealings and circulation.Many problems have been raised about the term technology transfer, and there is no doubt that these problems are due to two reasons. The first is that the term technology transfer is still shrouded in a lot of ambiguity until the present time, and the second reason is that contracts that are subject to technology transfer always find it difficult to apply Especially since the term technology transfer includes relationships between unequal parties, and that the term transfer, being part of the term technology transfer, I want from a legal point of view merely to establish a contract for the purpose of transferring technical and technical knowledge from the supplier, which is often from developed countries, To the importer, which is often from developing countries. As long as these types of contracts are of economic, political and commercial importance, then they are subject to contractual protection similar to civil contracts, especially if the subject of the contract is exposed to exposure, so the effect of the guarantee of maturity, result, or defect may be termination, and it is appropriate to other than the technology transfer contract, as it often goes to Returning the situation to what it was before the commitment was concluded, which is difficult to achieve in these types of contracts after the transfer of information or technical knowledge to the supplier, and it is difficult, which requires the emergence of another commitment, which is the obligation not to disclose the confidentiality of this information. This makes returning the situation to what it was before the contract is difficult, so this contract must be surrounded by a kind of privacy when applying the penalty of annulment, as preserving the contractual relationship is due to termination if it is possible to address the defect with compensation, and it is also possible for the importer to reduce his commitment with Leaving the contract standing, in addition to that the provisions of termination are limited to preventing the technology importer from using it, and this leads to the emergence of a new obligation not to divulge the secrets obtained through the contract concluded between them. Therefore, this research was presented through two topics. The first is what is the technology transfer contractWe devoted the second to the contractual guarantees of technical knowledge in the technology transfer contract and in detailing the two researches as required by the content of the research.

The origin of the contract of lease or tenancy dates back to he English common law of customary origins, which is unwritten and based upon judicial precedents of the English courts. But the law of property Act 1925 regulated many of its rules. It is worth-bearing in mind that it is an agreement between the lessor and the lessee, according to which the former is obliged to transfer the interest and the exclusive possession of both the personal and real property to the latter, in return for a certain rent and for a definite period of time, usually, but not always. It is to be noted also that the English law includes nine types of the lease or tenancy, upon most of which personal rights of the tenant arise. Except for four types which, create real rights, represented by temporary property ownership acquired by the tenant. And these are: The periodic tenancy, the leases for life, and the 999-year lease. And sometimes, The term of years Absolute or fixed term lease. Whereas the Iraqi civil law No. (40) of 1951, and the amended Iraqi land tenancy law No. (87) of 1979, regulated the rules of the contract of tenancy.

This article explores the issue of normative conflict in the context of multilateral agreements administered and implemented by the WTO, GATT, and TRIPS. Any discussion of the normative dispute between treaty provisions must necessarily make a critical distinction between the apparent conflict on the one hand and the real conflict on the other. The apparent conflict here is that, at first sight, there appears to be a contradiction in one or more of the contents of the above conventions, and this type of conflict can be resolved through adaptability by means of interpretative means. But it is the real conflict that represents a disparity in which conflicting rules cannot be reconciled, and therefore can only be interpreted or resolved through means of dispute settlement. However, the real dispute within the WTO is unanswered, as some views go to the impossibility of conflict within the WTO as a legal issue in the implementation of the multilateral conventions, since the normative and institutional environment of the WTO the provisions of the conventions overlap to the real conflict situations.However, this environment may not allow, and may reject, the adoption of a judicial approach to resolving the dispute within the WTO because it is incompatible with the WTO's teleological nature as a single undertaking of rights and obligations. Based on this, the dispute within the WTO may not be real at all; it is often seen as a mere apparent conflict; it will sometimes be avoided. This study will analyze this ambiguity and lead to a clear vision of the WTO approach to the interpretation of the relevant treaties.The role of the interpretative approach in resolving the dispute between the provisions of the agreements within the framework of the World Trade Organization: An analytical study.

The pre- emption is characterized by a special legal system that departs in many of its provisions from the general rules recognized, the most prominent of which is to enable the Intercessor to force the buyer to abandon it in his favor - favor of al-Intercessor so that it leads to the exclusion of the buyer and the removal of individual ownership for the private rather than the public, which is contrary to the general rules of satisfaction.Hence, this legal system of intercession in the movable was highly controversial, whether it was related to its nature, nature or ruling. Despite the Iraqi civil law, it did not take the intercession in the movable when it was organized to tighten the intercession in violation of the Kuwaiti civil law, which was a pioneer in Juma to intercede in the property and the movables, but both derived the provisions of the pre- emption the Islamic sharia glue, which also differed in terms of taking the intercession in the movable or not, and reflected this disagreement on the Iraqi and Kuwaiti legislators when organizing it.In the light of the foregoing, we will try to clarify the ruling of the pre- emption in the transfer through what is mentioned by both Iraqi and Kuwaiti legislation to compare it with Islamic jurisprudence so that we can even modestly cover that judgment by indicating what is the pre- emption in the first topic, and the extent to which the intercession is proven in the movable in a second research

The infringement of the obligatory will with the provisions of the inheritance and its financial amounts, made its legitimacy a subject for consideration by the specialists and taxpayers. Rather, its legal decision may have left a religious embarrassment on the part of its legal solution, and caused financial disputes among the heirs around it.The legislator was seeking by approving the obligatory will to treat the non-obtaining of the grandchildren (the deceased father or their mother before the death of his father or his inherited mother) from the inheritance of their grandfather or their grandmother on a share, to withhold them by the class of uncles closest to those deceased, despite the participation of their parents in building the wealth in place of the inheritance because it is often wealth family creation, albeit individual nomenclature and familial. Even as if he made her a legal inheritance in contrast to the legal inheritance, according to the provisions that were organized for her. In it, it is transferred to the children of the deceased son or daughter before their father or mother their entitlement from the inheritance of their father or mother, by assuming the life of the deceased son before the death of (his father) the grandfather or grandmother when distributing their estate so that his share is estimated for him and given to his children (grandchildren), who are supposed to be deprived oF it in the legal inheritance systems. But it is a legislative approach that is not based on solid legal evidence, but rather neglects the jurisprudential orientations of the general duty of Iraqis. In addition to the suffering of the text of Article (74) of the Iraqi Personal Status Law No. 188 of 1959, as amended, which decided the obligatory will from formulative and judgmental flaws, it almost Fails at times to deliver the funds subject of the will to its actual recipients. Which is based on simple research and suggest what modifies his tendency

May become money a dangerous weapon to influence the will of the voters and directing them towards the support of a particular party or candidate or a specific list, whether I use this weapon by the candidate himself or by his supporters or by the party to which he belongs, so it had to be a legal organization for the financing of election propaganda campaign because of their importance in guiding the behavior of the candidate and the voter. Have we decided to discuss the issue of the financing of the election campaign because of its importance campaign through the division of research to address two demands in the first demand from the concept of electoral expenses, while the second requirement we address the legal regulation of the electoral spending

Judicial oversight of the constitutionality of legislation is an essential guarantee for safeguarding and protecting the constitution from violations. This can only be done by submitting a lawsuit addressed to the judicial oversight body, fulfilling the conditions in order to accept formally and directly the lawsuit regarding its constitutionality.The principle in any ordinary lawsuit is that its subject, its cause, and its parties are determined by its requiting petition. Nevertheless, requests submitted can include a request to bring another party into an existing litigation case, just as others may want to involve in the confrontation with the litigants.Throughout this research, we have reached to the conclusion that it is permissible for another party to involve or be involved as an emergency opponent: a third party: in a lawsuit in conformity with the mechanism of initiating the case and the legal status of that opponent, and in line with the nature and subject of the constitutional case, which is focused on disputing a text in ordinary or subsidiary legislation, around which there is suspicion of its unconstitutionality.

The crime of smuggling the prisoners one of the crimes that the law requires for its availability as a harmful consequence arising from the act committed by the perpetrator of smuggling prisoners - and the accompanying crimes.This crime expresses a material reality, because its result which is a calculated the physical presence in the out of the world, and its tangible impacts appear in this world and cause harm that can be felt or seen.The legal (lawful ) pillar of this crime is based on the principle of criminal legitimacy agreed upon by the jurists, which is ((There is no crime and no punishment except with a text)) .This crime is characterized by physical and moral unity, as it means the preservation of the material element of the crime in its physical unity, and this requires the unity of the crime outcome, and its linkage with the causal relationship of all the acts committed by the perpetrators. The moral unity means the moral element of this crime, with the availability of a mental bond between the perpetrators that imposes a prior agreement on its commission.It is a terrorist crime in which there is often a multiplicity of actors, as well as a transnational organized crime.This crime was distinguished from other the crimes, such as escape crime, the crime of human trafficking, the crime of smuggling migrants, and others.The crime of smuggling prisoners, like other crimes, aims to protect certain interests and are considered within the framework of the basic interests of the state as a whole, and which prejudice to the basic organization of this state.This issue has a specificity that is embodied in the development of legal texts mentioned in the Iraqi Penal Code and Arab and foreign comparative laws .

The study addressed the jurisprudential dispute regarding the formality of the type of tax to answer the important question / Is the tax dispute an administrative dispute? Is it non-administrative, or is it of a special nature?It also examined the causes of the tax dispute between the tax administration and the taxpayer, the reason for that dispute and its causes, and the factors that contribute to its emergence, are they reasons that fall within the tax work and professional contexts, or are there external factors that contribute to its emergence. It also discussed the balance in the tax judiciary between the tax administration and the taxpayer, and any balance to be shifted according to the judicial texts and legal legislations.And it came out with a number of results, the most important of which is that the tax dispute is part of administrative disputes. In addition to a number of results that came as answers to the study questions and a number of recommendations.

The Supreme Religious Authority in Najaf has an influential position in the political affairs, which it reflects in controlling security and influencing the behavior of individuals and groups in Iraq after 2003. It does not interfere in political affairs and its roles are limited to directing advice and guidance. However, its fatwa has major importance and political influence on Iraqi society as well as the current political situation, where the Supreme Religious Authority has been saved the Iraqis from several crises and tribulations since the establishment of the Iraqi state until the present time, that's meaning, from the jihad fatwa against the English occupation until after the American occupation. The religious authority also has a great role in establishing clear political frameworks (its influential constitutional fatwa), which has determined the concepts of peaceful transfer of power and political pluralism for the regime, especially after the collapse of the Iraqi state in 2003. The biggest role of the religious authority was after 2006 where explosions occurred at al-Askari Imams (effectively destroying its golden domes), when it has been issued set of statements calling for self-control and avoiding civil war. It also had a prominent role in the issuance of the historical fatwa in the struggle after the fall of Mosul to ISIS in 2014. According to the fatwa, many Iraqis have joined a grouping known as the popular mobilization forces and working alongside Iraqi forces. Finally, the religious authority has been played a major role in supporting the eruptive youth in October of 2019, as it has proposed a number of solutions, the most important of was in which an early election.