Basra studies journal

The force majeure theory emerged as a legal adaptation of the Corona pandemic to address the disruption caused by the pandemic in the work of the courts. Besides, the failure of the opponents to perform the procedural work in the time specified for it in the law, as a result of the seriousness of the pandemic and its repercussions, which prompted governments to impose many restrictions that limit the freedoms of individuals. Notably, the most important of which is the general curfew, and on the other hand, a person may be exposed to this epidemic in a way that prevents him from normal movement. And, the effects of the disease and its complications are severe. Thus, he loses his eligibility for litigation and he is unable to assign someone to represent him, and accordingly the ban or injury affects the person’s ability to carry out the procedural work normally. Consequently, it is impossible for the opponent to go to court because of the curfew, or because he is infected with this epidemic.

This study dealt with one of the important topics that is an important component of society, not the family, where the subject of the study deals (the crime of family abandonment), and this family and family abandonment may be financial and material represented in breaching the duties of spending on the family, which puts its security and stability at risk because She obtains the basic requirements of life that guarantee her continuity and permanence, food, clothing, treatment and everything necessary for living, as it may be a moral abandonment represented by a breach of the duties of education and psychological and emotional care of family members, especially children.
The crime of abandoning the family is one of the social crimes stipulated by the Iraqi legislator in Chapter Eight of the Penal Code No. (111) for the year 1969 in Chapter Five under the title of crimes related to filiation, caring for a minor, endangering children and the elderly, and abandoning the family, and Article (384) stipulates: Whoever has been issued an enforceable court ruling to pay alimony to his wife, one of his ascendants, descendants, or any other person, or to perform custody, nursing, or housing, and refuses to do so while being able to do so during the month following his notification of the implementation shall be punished with imprisonment for a period of one year and a fine not exceeding one hundred dinars, or one of these two penalties. The case may only be brought on the basis of a complaint from the person concerned.
It became clear to us the shortcomings of the Iraqi and Egyptian legislation in prohibiting the moral abandonment of the family, and that this shortcoming constitutes a serious deficiency in the current legislation, which the Iraqi and Egyptian legislators must avoid. But the matter is different in the Algerian legislation, as it stipulates three forms of moral abandonment of the family, and each form of them constitutes a crime: abandonment of the marital seat, abandonment of the pregnant wife, and moral abandonment of children.

The resort to justice to obtain judicial protection for legal centers or the right aperson threatened with assault is truly one of the most important rights stipulated by constitutions ,and in order to prevents the eternity of disputes, instability of legal centers and possible judicial rulings . contradictory, which lead to peoples distrust and respect for the judicial work and wastes prestige judiciary therefore, a judicial ruling based on a potential interest must be for this the ruling the authoritative of the resent order in which according to this argument is that the judicial ruling based on the potential interest the donor of judicial protection with its decisive chapter in the dispute as soon as it is issued and this judgment is the title of the truth the adjudgement of the res judicata proves judicial protection under the law and is important a process with its effects that the previously adjudicated case may not be revisited .
The court ruling becomes an unprovable legal frencing , this argument it is relative between the adversaries themselves and cannot be invoked against others who were not a party in the lawsuit .

The idea of arbitrariness in the use of the truth, according to what the jurists of Islamic law see, is based on many verses of the Holy Quran and the blessed hadiths narrated about the Prophet (may Allah's peace and blessings be upon him), which confirm that the use of the truth is legitimate, if it is done honestly and sincere intention Although the jurists of the public of Sharia have approved this idea of arbitrariness, but it has never been the subject of consensus or agreement, there is a team that opposes the idea and opposes it represented by the virtual doctrine and at the head of these jurists (Ibn Hazm), and it stated in its author (Al-Mahalli) Malik said, "This is forbidden from all this," Abu Muhammad said, "This is a mistake, because everyone has the first right to his right, and the neighbor has no right to benefit from the wall of his neighbor except where the text came, and there is no difference between tearing down his wall, so it is not charged with rebuilding it, and he says to his neighbor to cover yourself if you want, and it is to demolish the wall of himself, and there is no difference between the ceiling and seeing from it and between the bottom of the house and seeing it, and there is no difference between opening a skylight and opening it to air, and both things can be seen from him, and there was no Quran, nor a Sunnah, nor true, or true saying of a friend prevents one from opening in his right. His wall is what he wants If they invoke the news, "There is no harm and no harm," this is not true because it came as a messenger or from a path in which Zuhair bin Thabet is weak, but its meaning is true and not greater than preventing one from acting in one's own money in consideration of the benefit of others, this is really harm.

The administrative judiciary plays an important role in the field of industrial property protection and the guarantee and maintenance of its rights, through its resolution of the existing disputes between the litigants. Administrative decisions to establish these rights, by examining those decisions and determining their legality or not, to give everyone who has the right his right, and to protect the inventor, creator or trader from the abuse of the registrant in some cases.
Despite the effectiveness of this judiciary and its competence to adjudicate in these disputes, some legislation, such as Iraq, did not allow the administrative judiciary to consider all decisions issued by the registrar, in contrast to the comparative legislation, which turned to the administrative nature of this dispute and made the administrative judiciary its judge. The specialist that prompted us to research the issue of the jurisdiction of the administrative judiciary in industrial property disputes by studying the legal basis for the administrative judiciary in settling industrial property disputes and following the optimal method to determine the scope of its jurisdiction in these disputes.

This study has shown that the petroleum partnership contracts are based on the idea of partnership between the public sector and the private sector in the management of the petroleum facility. The administrative nature of petroleum partnership contracts has also emerged through research and review of the unfamiliar management authorities in the implementation of petroleum partnership contracts. It was addressed in the first topic. The administration authorities over the contractor in the petroleum partnership contracts represented in the regulatory and penal authorities, where the research was devoted to clarifying the types of these authorities and to identify the legislative and regulatory deficiency in them. Examining these authorities on the dialectic of proof and denial of these authorities and clarifying their scope and effects on the implementation of the contract.

Health security is one of the components of the global system that is safeguarded by specialized international organizations that work on setting a set of standards. Ensuring health security is not considered an exclusive competence of the health sector, but rather a group of sectors and actors intervene to achieve it. In addition to the health authorities, a group of other Sultans play very important roles in order to implement, monitor and enforce respect for health directives and instructions issued by the World Health Organization.
While, the World Organization has set the necessary criteria for imposing emergency situations, as health risks, especially in the event of epidemics, become risks that cross the continents of the world and do not recognize the geographical borders between countries, and the evidence for this is the rapid and unexpected transmission of the epidemic. As it spreads in a short time and the infection is transmitted to most countries of the world, and in view of the effects of health security on the economy and development, the developed countries make the health security of citizens one of the most important pillars of their comprehensive security.

The topic of this research revolves around the role of the constitutional judiciary represented by the Federal Supreme Court in directing the federal authorities. The main protector of rights and liberties, but what caught my attention was the evasion of a large group of federal authorities’ actions from his control, and the limitation of his role and confinement to it as soon as it was revealed, without going beyond that to interfering with treatment, instructing and instructing to take the necessary measures, assume the general duties of the federal authorities, and put constitutional texts into practice. In order to avoid cases of legislative vacuum or lack of organization, and in this context, the researcher took the analytical approach to the position of Iraqi legislation and the application of the rulings issued in Iraq. By which the constitutional judge enables him to evaluate and protect cases of constitutional indiscipline of the federal authorities, and through it to ensure that cases of unconstitutional failures are addressed, and to end all legal and political conflicts in order to control the rhythm of constitutional life and guide and guide it. This research was divided into two demands and a conclusion. In the first, the researcher discussed the guiding role of the constitutional judiciary in controlling the hierarchy of discretionary power, and the second came under the title of the guiding role of the constitutional judiciary in controlling legislative omissions, then we conclude the research with a conclusion that includes the most important findings and proposals.

The General Authority for Monitoring the Allocation of Federal Revenues is one of the independent bodies stipulated in the Constitution of the Republic of Iraq for the year 2005 in Article (106) of it. Because federal imports are development plans, and because there are important and sensitive specializations that need expertise in economic fields that none of the three bodies can undertake. Its establishment, and in order for it not to depart from the legal frameworks of its existence, and to ensure that the three authorities are not tyrannical when supervising them, they need a set of guarantees and the exclusion of all political influences that could affect its oversight work and the provision of impartiality to carry out its work with the presence of cooperation with the rest of the authorities and that these guarantees differ and vary for that We divided the research into four demands. We dealt with the first requirement for legislative guarantees, the second requirement for political control represented by the legislative authority, the third requirement for administrative control, and the fourth requirement for judicial authority oversight.

Correcting the invalid procedure by complementing it is one of the most important means used in correcting procedural nullity, as it is granted by granting the trial court the authority to assess the correction of the error by the litigants, at their request, and in light of what the law determines or the court decides, extended periods that must be taken into account by the litigants. To provide what addresses the wrong procedure or complete the missing procedures, we explain this through a statement of the position of the Iraqi and Egyptian civil pleadings, while clarifying the role of the Iraqi judiciary in how to deal with these defective procedures, and how to address them in light of the lack of explicit provisions in the Civil Procedure Code No. 83 for the year 1969.