Journal of Legal Sciences

The idea of a common defect of the guarantee has gone through many developments in terms of defining the concept of this defect, starting with civil legislation and passing through the United Nations convention on contracts for the international sale of goods of 1980 (the Vienna agreement) and ending with legislation on consumer protection, and the French judiciary had an important role in developing this idea, so this came. Research to study these developments while clarifying the Iraq law\\'s position on them and explaining the extent to which Iraqi legislation has reached in taking these developments, as the concept of defect no longer includes the shortage in the price of the sale or what is missed by a valid purpose, but rather expanded this concept to be more comprehensive, which facilitates the imposition of the penalty on the contractor which guarantees this defect.

Quasi-contract is considered as one of the well-established legal systems of the English Common law of customary origins, which is unwritten and based upon judicial precedents of the English courts. It is worth-bearing in mind that the legal basis of quasi-contract passed into two different stages: in the first stage the English judicature, supported by some juristic opinions regarded it as an implied Contract made by courts to prevent one party from being unjustly enriched at the expense of the other. Whereas in the second stage the English judicature considered it as an independent source of obligation، based upon the law of restitution. and having nothing to do with the law of contract. The Iraqi civil law No. (40) of 1951 regulated the unjust enrichment and considered it as an independent source of obligation also, with the unjust payment being its main application.

The increasing restrictions imposed on foreign banks operating in developing countries since the 2007/2007 global financial crisis impede improving growth prospects by limiting the flow of financing resources that are desperately needed by companies and the family sector.

Global banks can have important development benefits، but they are not a panacea, and they also carry risks. Policymakers in developing countries are improving by examining how to maximize the benefits of cross-border banking services while keeping their costs down to a minimum. The 2007-2009 crisis and its ensuing decline in economic activity prompted a widespread reassessment of the benefits and costs of international banking and led to the imposition of Restrictions that have impeded the ten years of globalization of financial services and cross-border lending. However, developing countries may need to reconsider the value of global banks as important gates of global credit and accelerate economic growth even as they continue to manage risk.

As ambitions continue to increase around the world، and the banking sector develops، there is a crucial question: Will financing be a friend or enemy in the struggle to end poverty?.. Global banks create risks of exporting instability, especially for countries with weak systems and institutions، and must be mitigated. The severity of these risks. But without a competitive banking sector، the poor will not have access to basic financial services، many companies will exit the market، and growth in developing countries will stall. ”

Bank financing is essential for a vibrant private sector، especially for nurturing small and medium enterprises. Developing countries can derive the maximum benefits from a stronger banking system while providing protection from risks by improving information sharing across credit records، vigorously enforcing property and contract rights، and ensuring strong supervision of banks.

With developed country banks in decline after the crisis، developing country banks have filled the void and expanded across borders، accounting for 60 percent of new banking restrictions since the downturn. The result has been an increase in banking relations between developing countries and the regionalization of international banking operations.

The Framework Convention on Tobacco Control is among the main agreements that dealt with the topic of tobacco control. In spite of the efforts made in this aspect by countries through the preparation and the speed of ratification, there are some obstacles that prevent the achievement of the objectives of the convention including the tobacco companies\' pursuit of not implementing the agreement in the necessary manner. In light of this, many countries and international organizations, foremost of which is the World Health Organization, have undertaken to overcome these obstacles. Among the efforts are those which are made in the framework of exchanging information, technical and specialized assistance, and mutual legal support between the actor…

The legislation contributes to facilitating the process of attracting investments to the state, in addition to the importance of strengthening the investment environment, which contributes to encouraging business in all economic fields and establishing the country\'s position on the map of preferred destinations for investment at the regional and global levels. With the vision of the state and its strategy to move towards the promising sectors of the economy, leading to comprehensive growth in all sectors at the level of the state economy, and the importance of integration and cooperation between all institutions and government and private departments.

The investment-driven factors, supporting the business environment in terms of flexibility of investment legislation, facilitating business establishment and an enabling regulatory environment, and the solid infrastructure that makes it a gateway for investors to global regional markets. It also has the financial capacity to continue to pump money into development projects. The package of government and investment legislation will also consolidate the state\'s position on the map of the world\'s preferred destinations for investment; the country is a prominent attraction for foreign directly investment, especially as laws and regulations governing investment are starting to open the door for global investors, to own their projects in specific sectors under conditions set by law.

Electoral crimes are both significant and sensitive ones، given that they touch the essence of the elections and the resulting political process. They are among the crimes that bear a special and interim nature، as they touch upon the very core of the political process and the resulting political system.

Therefore، the bill has safeguarded them with several guarantees to reduce its occurrence and set a penalty for those who violate them.

The electoral crimes occur within a limited time period during the electoral phase، be it in the preparatory stage، the election phase، or within the stage of counting، sorting and announcing the results، as these crimes are mostly committed by the candidate or voter or any other person.

Thus، the electoral crime is of a special nature that concurrently affects the right of the voter and the candidate.

Furthermore، the legislation did not agree on a specific name for this crime. Some of whom call it electoral crimes، and others calls it election crimes. The Iraqi draft law has imposed punitive provisions in the Council of Representatives Elections Law No. (9) for the year (2020).

Genocide and crimes against humanity have a distinct meaning in that they are particularly reprehensible attacks that constitute a grave assault on human dignity or constitute a gross humiliation or degradation of the dignity of one or more human beings, and they are not isolated and sporadic incidents.

That the crime of mass graves as a collective genocide is considered a mass murder of a group of people that is carried out on a discriminatory basis with the aim of their total annihilation as a race, people, or a distinct group that is culturally, culturally, linguistically or religiously independent, or for any reason that distinguishes them from humans, and this is what happened with the crime of mass graves in Iraq. We have noted that there is a close relationship between the crime of murder and genocide.

In its commentary on the crime of genocide as one of the inhuman acts in its definition of crimes against humanity that violates the peace and security of humanity, we have noted this link and the most important thing that distinguishes them from each other is the direction of the nature of genocide against a group of individuals. Where the act committed for the commission of the crime includes the element of mass destruction found in the crime of mass graves that is not required by the crime of intentional murder.

Regarding the application of international humanitarian law in Iraq, Iraq, despite its ratification of many international humanitarian law conventions, and whether the conflicts that took place in Iraq were in time of war or in time of peace, the previous regime overruled all international humanitarian law conventions by actions that He committed it against his people, including the act of killing or genocide represented by thousands of mass graves, which constitutes a legal act that must be punished and held accountable because when the Iraqi state recognized these rights and committed itself to treaties protecting them and signed the Universal Declaration of Human Rights, the Iraqi state and the issue of the regime must be held accountable for violations against These rights and non-compliance with their provisions, and the necessity of legal responsibility for these proven violations against the basic rights of the human being in Iraq, including his right to life, security, residence and freedom of movement and not forcing him to leave his home, stealing his property and forcibly transferring him to remote places in Iraq far from His usual place of residence and failure to give him the freedom for voluntary and safe return, as it is not sufficient for the state to agree to treaties Or the declaration or international covenants, but they must be respected and be subject to responsibility when violating them.

The principle of national sovereignty or the issue of interference in the internal affairs of the state cannot be invoked to get rid of international obligations.

Hardly a day passes without hearing the news of a person’s suicide here or there, as if life no longer has value for a person, and this fact is what prompted the World Health Organization to sound the alarm, after it found that suicide had become widespread in the world and published its report Under the title (Suicide Prevention - A Global Necessity), and announced the need to take care of mental Health as part of public health, because what psychological human crises are exposed to may lead to suicide.

A quick look at the position of the various legislations on suicide, we find there is a great difference, some legislations recognize the human right to death, while other legislation punishes the mere attempt to commit suicide, and to clarify that we have covered in this research the definition of suicide and its related acts, as we have explained The position of different legislation on it.

Legislation may be often not enough for protecting information, and regulatory strategies are insufficient as well. Technical means are not also sufficient in preventing risks threating information whatever their effectiveness is. Thus, the protection is a complex structure consisting of law, regulation strategy and technology. The increasing use of and reliance on computer information systems has highlighted the need for good information system management. Legislative control can have a positive effect on this system by providing deterrence and increasing the public awareness of users about the problem.

Consequently, it is required looking for legislative means at the time in which the fight is more effective against this kind of criminality, and creating a safe environment and regulated according to legislations providing an acceptable amount of the protection of information circulated within the range of the technological society through making a comparative study of some legislations in order to establish a common ground if we want to find effectively legislative fight.