Journal of Legal Sciences

In order to facilitate the accounting procedure and accelerate its achievement, commercial banks used to follow reversing entry style in agent’s account opened with them, to settle its debits caused by non-payment of the discounted commercial paper value. The question was raised about: the legal importance to such method for settling the discounting bank debits, particularly when the bank account of the discounted side was debtor and not creditor, as the case of discounted party under bankruptcy.

It is noted that the Jordanian trade legislations is totally silent in this regard, as well as the other trade legislations which are frankly considering the reversing entry as an organizer for deleting the trust entry which was previously mentioned in the account, they are also silent to declare consequences caused by such deletion for the commercial paper that was acquired through possessory endorsement so the right of this bank will focus exclusively on bankruptcy contribution of the discounted side, or in spite of the reversing entry the discounting bank would keep the discounting paper, and have the right to recourse against payment sureties. Dose the discounting bank has the choice in these two options to regain its debts? Or can it combine the two methods if necessary? The answers for these queries shall be the core study of our research. The will demonstrate the impacts and consequences of reversing entry in the bank account for discounted side whether it is wealthy or bankrupt.

The effectiveness and quality of legislation depends on the extent to which they respond to the political, social, economic and moral reality. The quality of the legislation is not limited to professional drafting, accuracy, clarity, comprehensiveness, accessibility and understanding, but also depends on the reality of this legislation and its acceptance and application by those who are addressed to them. Therefore, any shortage or deficiency in these legislations would make these laws separate from the reality and enter into the circle of legislative alienation. In this study, we tried to focus on the social effects of the legislator's failure to organize all the necessary aspects of the effectiveness of rights or liberties subject of organization and the vacuum that may result from this omission of legislative that weaken the constitutional guarantees prescribed for the exercise of these rights and enjoyment of these freedoms and the effect of this omission Legal centers and legal relations in the community and stability Good laws are those laws that achieve social justice and the stability of centers and social relations for a reasonable time with the possibility of legitimate expectation of any changes or amendments that can affect this legislation, here, the role of oversight of legislative omission exercised by the constitutional judiciary in dealing with the text appears, the legislative limitations, and the structure of the legislative authority shows the omissions and lack of organization to avoid them and reduce their social impact.

This is a philosophical statements regrading the structural and functional ponds between criminal law and philosophy.

Aiming to prove the practical value of philosophy regarding the question of the true nature of law in general and criminal justice – law in particular.

We try to revel the deepest connections that shape the fundamental character us tics of law in reality far from the misunderstanding general by social, political and cultural influences that affection negatively the efficiency of the law.

The elementary question of the study is how to use philosophy to understand the true nature of law and creating implementing the just law.

In order to achieve this goal we emphasis the concept of scientific logical law instead of metaphysical, ideological, and positivism approaches that proves its unsuffincy to provide stable and practical concept of law.

The first step towards constracting valid and modern model of law is to separate the true matters of law (Legal facts) from falsehood and pretense added to law through cultural and political influences.

Law according to philosophy is distinct system vegulating social environment not social relations. The later is mere product of social environment. So its very logical for the law to target the environment instead of its by product (Relations).

More philosophical examination of law are nedeeded and less juris prudence.

The refugees' issue is the essence of the Palestinian cause as a political, legal and humanitarian one that afflicts every Palestinian, and its repercussions are inherited through generations, because of the suffering, displacement, misery and deprivation that the refugees still suffer. The State of Israel pay a lot of effort to prevent the Palestinians from this right, and is responsible for their plight and displacement because of the racist laws imposed and enacted by it, in addition to the bias of the United States of America alongside Israel in light of the weakness of the international community and the politics of the one pole. This requires the search for alternatives and solutions to enable the Palestinian refugees to exercise their legitimate right, thereby contributing to the strengthening of international peace and security.

This research aims at addressing the legal framework of competition and the prevention of monopolistic practices “analytical study in light of the laws in force in Palestine” by focusing on comparing the legal concept of competition and monopoly prevention, the international and national efforts to encourage competition and prevent monopoly, and addressing some of the practices associated with it.

The importance of developing policies that protect competition and prevent monopoly is a priority of competent authorities due to its positive effects on improving the economic, trade and investment environment and promoting SMEs by convincing the competent authorities to strengthen the integration and coordination between the Palestinian economic and commercial legislation system protecting the market as well as the consumer. The legislative framework governing competition in Palestine was also addressed through some of the legal texts of some of the laws. It is worth noting that the existence of the different legal provisions of the Palestinian legislation does not meet the purpose an independent body requires to adopt a Palestinian law that encourages competition and prevents monopolistic practices. Such a body that will implement the required law similar to some of the comparative laws.

The bailment is one of the well-established legal systems of the English common law, and which included the distinguished characteristics of both the law of contract and the law of property. It is worth-mentioning that this legal system has acquired those common features of these two prominent legal systems, which form an important part of the common law. By the judicial precedents made by English courts. And these precedents have adopted two different and divergent attitudes towards the qualification of the legal nature of bailment in English law . Whereas the Iraqi civil law No. (40) of 1951 regulated the legal rules of the bailment, considering it as a real contract, the conclusion of which requires the availability of four basic element. That is to say. The consent, subject-matter of the contract, cause or the motive of contracting, and the element of delivery. But it has not adopted the notion of the sub-bailment.

Federal oversight is successful in collecting taxes when it saves time and money, and the majority of federal systems tend to adopt direct administration in the application of federal tax laws to finance public expenditure. Central control will prevent tax competition between regions, and administrative corruption.

In Iraq, regional governments are responsible for collecting federal taxes and under the supervision of the Financial Control Bureau, and the reform of supervision requires the rehabilitation of the administration, the adoption of information systems, and the reduction of bureaucracy, and the transparency and federal coordination.

The purpose of this study is to handle the constitutional and legal arrangement of the first session of the House of Representatives in Iraq, whether the procedural and objective aspects. the study also handle the practical problems associated with this session and its implications in relation to determining the mandate of the Council of Representatives, the President of the Republic and the Council of Ministers.

The study reviewed the position of some of the Iraqi and comparison constitutions of the first session of the parliament, and determine the previous or contemporary or subsequent procedures to hold the first session, and it compares the theoretical constitutional reality with the practical political reality in order to give an integrated asset of the process formation of constitutional institutions, and handling the impact of violation of these provisions.

English law, unlike many Anglo-Saxon laws, has adopted the doctrine of economic duress delayed. Under this doctrine, the contractor who has entered into a contract as a result of an unlawful pressure that threatens his financial or commercial interests may rescind the contract on the grounds that the contract was concluded under economic duress which make the contact voidable. More than forty years have passed since the adoption the economic duress doctrine in English law, however, there are still some issues remain controversial. Is the Lawful Act duress economic duress?

Iraqi Civil Law did not explicitly regulate the doctrine of economic duress. However, the Iraqi authors when explain the rules of duress under this law indicate that these rules can cover the subject of “contracting in case of necessity” and considered the contact in this case is suspended. Moreover, they considered that using legitimate means to reach an illegal destination is one types of duress under Iraqi Civil Law types. Hence, in my opinion there is no gap in Iraqi law in the subject.

Parliamentary investigation is one of the most important means of the parliament in its oversight on the work of the government. It is different from other types of investigations carried out by the Parliament itself, such as electoral or legislative investigation. It is also different from the investigation conducted by the administration or courts. This investigation is been conducted by a committee which consisted of some of members of parliament. The committee is looking to search the truth in a case related to the public interest and for that it usually has powers to access documents relevant to the case under investigation. Moreover, it has the right to request the presence of any government official before it. The committee usually performs its job in secret and temporarily, as they have to complete their work during a period of time that varies from state to state.At the end of the investigation, the committee will send a report to the parliamentary includes the results and recommendations. The recommendations are limited to specific matters. It either recommend to fill a legislative gap that was the cause of the violation or referring the incompetent officials and government employees in the event of proven crimes or violations of the laws to the courts to take appropriate measures against them.

The Parliamentary investigation may reach a serious outcome that threatens the presence of the Minister or the Government as a whole and entails raising the political responsibility of the Government and raising the issue of confidence in the event that the parliamentary investigation committee proves the minister or the government in some of the areas of activity that the Commission investigated.

However, the investigation may end with the recommendation that there is no violation and that no party can be held responsible for the failure of the investigative committee to find any evidence that could condemn the government. In this case, the recommendation does not exceed the government\'s warning that necessary measures should be taken to prevent any irregularities in some of the activities that it undertakes or supervises. The committee recommends renewing confidence in the government because there are no violations committed by it.

In this study we examine the role that cooperative legislation can play in reducing informal employment. Cooperatives are considered the window of the social economy, which plays a major role in complementing traditional markets and collective labor, thus embracing the informal economy as the lifeboat for marginalized and excluded groups. Cooperatives come to regulate the informal economic sector as one of the options available for organization, by providing cooperatives in the provision of services and not by access to natural resources, and by facilitating the participation of decision makers in building skills for young people By supporting their ability to innovate, gaining the confidence of donor financial institutions, and ultimately influencing the political decision-making process, which is not without prejudice to a strategic framework through national legislation that is compatible with contemporary challenges, with financial support and ultimately democratic process through representation And social dialogue as the effective tools for the recognition of unorganized labor cooperatives.

Smoking is one of the biggest pests in societies and is one of the main threats to human health as the problem goes beyond the smoker and the non smoker around it and is transmitted through the air and produces what is known as passive smoking.

Scientific studies and medical research confirm that at least 90% of patients with oral, pharyngeal, laryngeal, and other cancers are among smokers. It is known that the risk of these cancers among smokers increases as the amount of smoking increases. That the incidence of these malignant tumors among smokers rises between 6 to 10 times the incidence in non-smokers, Recent scientific research has proved beyond doubt that tobacco contains precursors, active carcinogens, activated cancer cells in cancer cells lining the gastrointestinal tract, as well as substances that facilitate the absorption of cancer-causing chemicals contained in smoke. The insistence on intensive smoking for many years caused by changes in the exposed cells leads to abnormal and aggressive growth that ends in cancerous transformation. Because of the economic damage caused by smoking to governments or individuals smokers and their families, for economic damage to governments is reflected that when governments are responsible for health care insurance, the diseases associated with smoking will make governments pay additional expenses for the treatment of these diseases, and countries (73%) of the world's tobacco. This requires the use of large tracts of land to grow tobacco at the expense of areas devoted to food crops. Governments will also pay additional expenses for the maintenance and cleaning of public areas

Sport is generally no longer merely a game of entertainment, but it is a work of the player for the sports club contracted by him. The player is no longer regarded as a means of entertainment and physical development, but is seen as an economic Which is to gain a return for the effort, and because of the spread of the phenomenon of professionalism in the field of sports, emerged sporting contracts coupled with penal conditions as a means to regulate the relationship between the player and the sports club is the contract transfer professional player and his loan, and his professional contract, which concerns us in this regard is to address the J Loyalty) contained in the contract between the player and club sports.

This study is intended to discuss the civil responsibility of the editor in the field of electronic publishing.

The purpose of this study is to explain the concept of the editor in the electronic publication and the basis of its civil responsibility, its legal problems under the legal rules contained in the Civil Code.

The first topic deals with the concept and importance of the editor in the news website. The second section deals with the provisions governing the civil responsibility of the editor.