Journal of Legal Sciences

TheCatering contract is considered as a type of hospitality contracts in the Englishcommonlaw of customary origins.Whichis unwritten and based upon judicial precedents of the English courts.It is a complex contract of mixed nature،Is Regarded as a contract for the sale of meals of food and drink،,and is considered as a contract for supply of services concerning the preparation of food and drink،for providing them to the customer،as well as being a bailment contract.It is worth-bearing in mind thatthis contract is subject to the rules ofthree important English legislations: The Sale of Goods Act 1979،TheSupply of Goods and Services 1982،The Consumer Protection Act 1987 ،and The Consumer Rights Act 2015. It is also worth-mentioning that a lot of Statutorily Implied Termscan be extracted from this contract. Whereas the Iraqi civil code No.40of 1951did not regulate expressly this contract within the nominate contracts،but the rules of both the contractof sale and enterprise can be applied to this contract،because it contains sale of food and drink،as well as other services closely related to it،which the restaurateur provides to the customer.

The contracts management style, a distinctive and important practice management through active administratively closed facility in aiming to ensure the continuity of the Facility regularly and Adtarad where walk in the light of this style approach satisfaction and understanding through the conclusion of the contract administrative and through an agreement with one of the natural or legal persons n this style resorted to by the administration if it does not Asafha administrative decision in the exercise of its activity, or if he believes that the style of management contracts better able to achieve its goals.

There is administrative contracts general principle expressed the commitment of the contractor with the administration, implementation of the personal contract this principle, which is based on the mainstay, but an idea account Profile The Contractor shall comply with the administration to implement its obligations personally and himself is to have a general rule, the right to transfer them to others or contracted subcontractors the contractor a second so that the figure contracted to be subject to consideration by the administration, both at the conclusion of the contract or when implemented as the administration must take into account the availability of certain considerations, or in other words, that the administration as a party to the contract administrative must - when choosing a contractor - that take into account In this choice the availability of a range of essential qualities in the person you want to sign him, so as to ensure the implementation of the contract properly and in a manner in the public interest to the fullest, which believes in the progress of attachment underlying regularly permanent, and so the idea of mind Profile is one of the basic ideas both with regard to the selection of the contractor or the execution of the contract as to the selection of the contractor, the administration has the discretion to refrain from contracting with someone to Atrtadhah even handpicked committee to decide, either with respect to implementation of the administrative judiciary - in most of the countries that take justice system double - stressed It\'s the basic principles that the implementation of the contractor himself, due to the close connection with the contract administrative annex Valtzamat year contracted with the administration, personal commitments and can not be him that solves the other Raises the question many questions, mainly over the relationship between the mind and personal contract execution and administrative What are the results of principle in the implementation of the contract administrative Is it permissible to waive the non-implementation of the contract and what is the impact of circumstances that may arise during the implementation phase of the Association of Streptococcus commute the contractor and the bankrupt or insolvent.

The idea of rationalizing parliamentary work tends to reduce the functions of parliament in favor of the government’s authority as a result of its inefficiency in discussing contemporary issues، especially in regimes that suffer from the absence of a political majority and the tendency of parties to achieve their interests. thus making the parliament’s jurisdiction limited to deciding on basic issues such as those related to human rights according to Objective criterion، and the development the legislations of framework . Providing the knowledge needs for MPs helps in achieving a rational debate، and Lawmaking effective through the presence of Research institutions which support the representatives in parliamentary work.

Houses of expertise of the parties Bearing a positive impact in terms of the stability of the political majority and the opposition and the balance between them. But its information Bearing unscientific and secretive side، as well as the domination of bureaucratic tendency within the party. It is better to oblige the parties to follow transparency In order for the services of houses of expertise to be known to all، in addition to the Accommodation of periodic programs for seminars and workshops for all members of parliament through legislative expertise houses in important cases So as not to stay the deputy has prisoner of his party's information.

The right to nominate and vote is one of the most important political and constitutional rights of citizens in general and public officials because it is related to the popular will, and as they represent the legal way to exercise sovereignty through the selection of members of Parliament to take over on behalf of the nation.

However, these rights, like other rights, are subject to legal regulation. Therefore, the constitutions meant it to give them a great deal of prestige, and the various laws dealt with it by defining the electorate and the conditions that should be fulfilled in the candidate and the voter.

Countries differ in their position of the public servant as conditions for membership in the Parliament, with setting controls and restrictions that respond to their exercise in proportion to their sovereignty. Manipulating them leads to problems in the scope of practical application and has caused



legal and judicial controversy that appears in every electoral process.

We have divided this research into three sections, the first is entitled the public servant and the exercise of the right to candidacy, the second is entitled the public servant and the exercise of the right to vote, and the third is entitled Judicial protection of the public servant's right to nominate and vote.

We have reached several conclusions, the most important of which is that the UAE legislator must stipulate that the employee enjoys citizenship instead of being subordinate to one of the Emirates. And that the UAE legislator was satisfied with the knowledge of reading and writing, and that the UAE legislator permitted the combination of a public job and a local job in addition to many recommendations.

The community service in its various forms topped up the alternative short term custodial sentence in some crimes, and experience has shown the success of this alternative in sparing the convicted negative effects of custodial sentences in all social, psychological and even economic aspects and on the other hand addressing the problem of overcrowding prisons. This penalty consists of requiring the convicted person to work certain hours in specific areas and within a certain period determined by the legislator. Through comparative analytical studies between Western and Arab legislation, we found there are such major differences in the ways in which [community service] has been worked out that it is impossible, indeed irresponsible, to transpose the experiences of one country upon another, providing for it as an original punishment sometimes or an alternative custodial sentences for imprisonment for



certain crimes or alternative to physical coercion, under which legislation has set the maximum penalty for the deprivation of liberty that the court may replace in exchange for the imposition of community service for specific hours determined by the provision unpaid in certain quarters determined by the legislator or the decision issued under it, taking into account certain controls in The most important of these is the consent of the convict and not to harm his dignity. In line with the modern punitive policy, we have proposed to the Iraqi legislator to amend some of the provisions of the Penal Code to allow the adoption of this punishment in its various forms, either as an original punishment for crimes of violations and misdemeanours or by replacing community service instead of some of the punishments that are causes negative consequences for the freedom prescribed for some crimes of misdemeanours and violations or alternative to physical coercion, in accordance with certain controls derived from comparative legislation, with the introduction of judicial oversight that will apply it in accordance with its purposes, which seek to qualify sentenced away from the walls of the penal facility.

The ICC is a reclining judicial body that punishes ordinary persons for crimes committed and falls within its jurisdiction in accordance with article (5) of the Court's Statute: crimes of extermination, war, aggression, and crimes against humanity. This gives the international community the right as affected by these acts to initiate criminal proceedings to punish the perpetrator. However, this right has not been left so and without regulation, but has been enshrined in the Rome Statute - whether with regard to those who are qualified to exercise this right, or with the restrictions to which it responds, requiring the ICC to exercise its powers to take some previous actions in contact with the Court in connection with the case, the most important of which is to refer the case either through a State party, or not by a party, or through the Security Council - in relation to any situation that threatens peace and international security to the Prosecutor of the Court, and the prosecutor The general investigation after he was authorized by the Pretrial Affairs Department.

The Corona pandemic has raised many repercussions on all levels and fields, and several questions have arisen, especially in the legal field, where many responsibilities arise due to the way this pandemic is dealt with, exploited by some, or neglected some obligations imposed to confrontit. Civil responsibility emerges as an important part in the scope of dealing with the effects of the Corona pandemic, as some people deliberately or negligently tend to harm others, which calls for resorting to the provisions of civil responsibility. It seems that the burden of civil responsibility falls not only on individuals, but also on private and public legal persons alike.

The English judge while dealing with the contractual breach، takes into account an aim that the legal solution he makes consistent with justice. Such concept allows the judge to order for the specific enforcement of the debtor’s contractual obligation if the compensation was not a sufficient remedy to redress the damage resulting from that breach. However، the conditions imposed by the rules of justice and the impediments that make the technical scope of this remedy very limited in the positive aspect. And modest in his negative one '' injunction''. Despite of its complementary function among the remedies for contractual breach، specific enforcement in English law may affect legal consequences because of its unique nature، some of which may make the debtor liable in accordance with the penal law.

The international community has sought to establish a judicial institution that works to apply the law fairly، as a result of a necessity dictated by the circumstances of the international community، and Because of the great violations against humanity in times of peace and war، and in order to establish the parameters of international criminal justice between all societies and countries، this necessity resulted in the idea of ​​establishing an international criminal court . A court that enjoys independence and impartiality exercising its international jurisdiction according to legal procedures to suo any one accused of committing an international crime in to inflict Penalties against him or her، whether (individuals or countries). But when execution these penalties may result in some symptoms or problems that hinder the application of what the court has ruled، as a result of wrong or abusive implementation against the victim or the convicted person، which requires solving that problem in accordance with a specific mechanism decided by that system.

It guarantees the political rights of individuals to participate in public affairs and political life, but these rights require their protection by the existence of guarantees that guarantee the protection of these rights and ensure that they are actually exercised by individuals. The Constitution of the Republic of Iraq for the year 2005 We dealt with the type of protection granted to these rights, as well as the statement of the types of political rights and the position of the Constitution of the Republic of Iraq for the year 2005 towards them.

The State Council is always the trusted advisor to the administration in matters emerging, and the trusted repository of its secret. It assists the administration in the process of developing the appropriate formula for draft laws, regulations, and instructions, in order to make them lead to their intended goal, through its advisory function.

He is rightly considered the symbol of administrative justice and its faithful habitat. With what it lays down the principles of legality, and with its prestige, strength, integrity, and well-established traditions, it can always confirm the guarantee of its aspired independence, and that the rule of law has a tool for its advancement, not separated from its conscience, but rather interacting with it. To guarantee its advancement to broader horizons than upholding the values ​​of truth and the elevation of the word of law.

He is the government's advisor and the drafter of its legislation. He carries out judicial oversight over the administration's actions if the rights and freedoms of individuals are abused, until the State Council has become the bulwark of legality and the protector of rights and freedoms.

The unconstitutionality of the Oil and Gas Law inTthe Kurdistan Region No. (22) of 2007