Ninevah Journal for Legal Studies

Compensation is the means of the judiciary to remove or mitigate the damage, and it is the civil penalty that results from the realization of civil liability. The issue of fair compensation has occupied its applications of great importance at the legal level and practical application with its specificity within the scope of civil law by describing this compensation as incomplete compensation, and that the applications mentioned in the scope of tort liability led to a response to a basic demand required by justice, so adhering to these applications and researching them achieves advantages Therefore, fair compensation is preferred over many other compensation systems, and at the same time it is more flexible in relation to the case of the perpetrator of the harmful act and allows a realistic treatment in which justice requires taking into account the circumstances of the perpetrator of the harmful act and the circumstances of the occurrence of damage, and one of the most important of these applications is the case of exceeding the limits of the right of defense The legal and the state of necessity because it is not required in these cases to achieve equality, as the injured person receives compensation less than its original amount, while a full compensation was issued, and that the applications of fair compensation within the scope of tort liability were stipulated by the legislator, taking into account the circumstances related to the perpetrator of the harmful act, the idea of full compensation began Less to be replaced by fair compensation.

Administrative Adhesion Contract and the Idea of Contractual Justice,” studying the definition of the concept of the Administrative Adhesion Contract and highlighting the major role that the administration exercises in determining the nature of contracts, in addition to keeping pace with the great development that has occurred in the administrative contract, as distinguishing the administrative contract from the civil contract Its content does not go beyond the issue of the administration’s dominance through the privileges it enjoys over its contracting party, i.e., the dominance of the principle of force over the principle of justice. This result was created by administrative diligence at its first launch, ignoring the most important aspect that lies in achieving justice. How can we imagine the progress and development of humanity when the balance of power and privileges outweighs the balance of truth and justice? Whatever the justifications used by administrative jurisprudence in the administrative contract, such as the necessity of continuing the management of the public facility and achieving the public interest or protecting society, it is not possible to ignore the balancing act between contracts in public and private law and shed light on resolving the conflict in the administration’s enjoyment of its exceptional powers and the will it possesses in forming the contract.Hence, the question arises about identifying the salient features of one type of administrative contract and its connection to another contract, with the aim of arriving at the truth of that contract through research into the administrative contract and the civil adhesion contract, andow a new contract emerged under the name of the administrative adhesion contract based on that through our study. We tried to research the following problem: Are the solutions provided by the Civil Law suitable for confronting the administrative adhesion contract? Is the administration always the compliant party in the administrative compliance contract? What will change when we add an administrative nature to a contract that has been described as compliance? How did jurisprudence and judiciary confront this type of contract?.Among the results we reached in our study is that the ruling on the availability of a state of compliance in the administrative contract, in contravention of legality, requires the judiciary to restore balance to the contractual bond, with the guarantee that the judiciary constitutes to protect the rights of individuals in the face of administrative arbitrariness. Accordingly, we proposed to the Iraqi legislator to restrict the administration’s authority to set arbitrary conditions in the contract concluded with its contracting party. The administration must commit to showing a high degree of good faith so that it becomes a role model in expressing doctrinal integrity.

Keywords
administrative contract, adhesion contract, contractual justice, acquiescent, contractual injustice, exceptional power

The information technology revolution along with its scientific development in the fields of using scientific progress has led to one of the outcomes which is called "artificial Intelligence". These developments represent one of the most prominent challenges facing the entire international community. Accordingly, numerous countries have begun to express concerns and doubts about the possibility of establishing a joint international organization that governs all aspects of international life related to information technology. These challenges have begun to extend into various branches of public international law, particularly in relation to human rights law. This law is increasingly dealing with different relationships in terms of impact and mutual influence with systems of rights and freedoms in the face of artificial intelligence.

Keywords
Artificial Intelligence, Right of Privacy, European System of Information Security, Human Rights Law.

Legal aid is a nucleus for promoting and protecting basic human rights, especially for many Iraqis who live below the poverty line and do not have access to justice in light of the exaggerated fees for lawyers. When the Iraqi individual obtains what enables him to access justice smoothly and without obstacles, they will be able to enforce their basic rights and seek to protect them in line with human rights principles. In order to promote these noble humanitarian goals, the Iraqi legislator was not sufficient with the provisions of judicial aid, which were covered by some criminal laws. Rather, it began legislating the Legal Aid Law, which was not limited to the needy and those financially unable to access their rights, but extended its scope to wealthy groups who wish to benefit from the law. However, the draft of this law met reservations from the Bar Association and lawyers. In general, and in order to understand the reality of these reservations, this research is concerned with presenting legal study after benefiting from the French experience with reference to successful experiences in other countries such as Iceland.

The current research is concerned with studying and investigating a type of the termination of the contract, that is to say, the unilateral termination by the creditor. The new French contract law, according to the ordinance No. 2016-131 dated February 10, 2016, which concerns reforms of the law of contract, general regime and proof of obligations, emphasizes the importance in increasing and reinforcing the economic efficiency of the contractual process. Accordingly, it allows to terminate any contractual relationship quickly if it is deemed economically inefficient and replace it with more efficient ones without resorting to the judicial proceedings, which are often slow proceedings, and without substantial expenditure of time, effort, and expenses. In contrast, the Iraqi civil law No. (40) of 1951 does not contain or address this type of termination of the contract. The problem of the research lies in trying to benefit from this type of the termination in the Iraqi civil law. As well as suggesting some relevant recommendations to the Iraqi legislator, the most important of these recommendations is the suggestion to establish a legal regulation of this type of termination of the contract.

Keywords
Unilateral Termination of The Contract, Cancellation of the Contract, Economic Efficiency, Sufficiently Serious Breach, Contractual Obligation.

Information security is one of the most important issues at the present time, which the administration is interested in its protection. Technological development and the protection of human rights, the right to privacy, as well as the protection of state security have made all security entities responsible for protection as their priority. However, the information is many and varied, including financial information related to bank accounts, state security, social or civil information, commercial information, and other sensitive information. The administration is responsible to protect information from theft, loss, unauthorized disclosure, and legal circulation of the information. This includes preventing unauthorized inspection, tampering, copying, or destruction. The goal is to ensure the safety and privacy of information such as individuals' bank account details, intellectual property, etc. In order to achieve information security, the administration needs the legal basis and administrative tools to protect the information, restrict access to authorized individuals and maintain confidentiality. Therefore, this issue is discussed in the current research in terms of the administration’s role in protecting information security and whether it has effectively fulfilled this role through legal means or not.

Keywords
Security, Information, Protection.

The proliferation of international agreements across various domains leads to conflicts between International Law and National Law. In such conflicts, the constitutional judiciary is the most reliable entity for ascertaining the legal position of a country regarding the international conventions when the constitution is silence. To examine how the Iraqi legal system deals with international conventions, this paper analyzes the rules established by the decisions of Federal Supreme Court. It is argued that the Iraqi legal vision of viewing international conventions is seen as a part of the Iraqi legal system. In the first part, this paper demonstrates the process for concluding and enforcing international agreements. It also examines, in its second part, how the IFSC comes to deal with international agreements that have been concluded in Iraq over the last two decades. The court has actively sought to broaden its jurisdiction over international agreements, a move that underscores its authority and influence. Additionally, it has also adopted the stance of considering international agreements as Iraqi Law, thereby asserting its jurisdiction over them. In recent developments, the court has revised its interpretation of ratification as stipulated in the 2005 Constitution, leading to some ambiguity regarding the ratification process of international agreements.

Keywords
Constitutional Judiciary, International Agreements, Ratification, Iraqi Federal Supreme Court, IFSC

The formative function of comparative law: An attempt at conceptualization in the light of Iranian civil law

Keywords
Iranian civil law, comparative law

The Karnataka High Court upheld the ban on hijab by the educational institutes on 15 March 2022. The court ruled that hijab is not an essential religious practice under Islam and, hence, is not protected by the Article 25 of the Constitution setting out the fundamental right to practice one's religion

Keywords
ban hijab, educational institutes

Constitutional Law, Religion and Equal Liberty: The Impact of Desecularization

Keywords
Constitutional Law, Religion, Desecularization