Basra studies journal

The civil lawsuit does not end with the issuance of the judgment in it, but the law arranges its effects by the invalidity of its petition, by resorting to the usual methods of appeal, each of the objection to the judgment in absentia, as a result of the court’s ruling on hearing one of its parties, here the law gave this way to ensure the right of the absent party to object to the judgment issued by The Court of First Instance is before it again, after which it has made sure that the objection petition satisfies all its formal procedures, despite the fact that the Iraqi legislator did not provide a text specific to it, but rather followed the general rules. The judgment or its amendment, without prejudice to the right subject matter, or Appealing an appellate petition, if one of the parties finds that the ruling in the case is not in his interest, then he has the right to appeal it again by reforming, amending or reversing it, provided that there is no arbitrariness or harm to the other party, before a court of a higher degree than the Court of First Instance, taking into account its procedures for filing the case, which he did not reject. The legislator has a provision for it, as well as the role of the parties in their presence when the court considers it, and not arranging any results that conflict with the inability to consider the dispute again and ensuring that the claimed right is not affected.

It is well known that the legislator, when drafting any legal text, tries to keep track of developments that occur in society, which naturally come in response to an economic, political, social or other need for the members of each community separately. In science, the legislator tried to establish a legal organization for the subject of judicial expertise by defining the duties or obligations that are imposed on the expert before expressing the judicial expertise to the court that assigned him to give his opinion according to his experience or skill in a subject, and these obligations among them are the duty of the expert Before the court that delegated him, including what is against the litigants in the case, and the penalty for violating these obligations is to raise the civil liability of the expert, as the violation of these obligations is an error that results in harm that may affect one or both of the litigants.

The legal standards of domestic violence are scientific bases and controls for the purpose of distinguishing between justice and injustice or right and wrong, They help in the emergence and development of the phenomenon of domestic violence, given that society does not remain in the same state but in constant change. And since domestic violence is not limited to physical violence, but also includes moral violence that It is more dangerous than physical violence because moral domestic violence does not have clear penalties in Iraqi laws, so we created legal standards for domestic violence (physical and moral) in order to reduce or eliminate problems that occur within the family.

Most of the penal legislations have adopted the rule of oral as a guarantee of the rights of the accused in a fair trial, through which the accused can defend himself and return any evidence used against him and infringing his innocence, because this rule guarantees the right of the parties to the dispute, as it is a guarantee that the trial procedures are oral, and through it The litigants can be confronted, discussed and questioned about all the evidence presented to the court, and through this the judge’s conviction is formed as a result of the oral discussion of the evidence presented before him. Including what is related to the documents submitted to the court to prove or deny the accusation, and these exceptions do not mean neglecting this rule or violating the rights of the litigants, but rather they reduce the application of the rule imposed by some legal texts and circumstances, so the court is forced as a result not to apply it.

This study summarized the problem of the physical presence of persons required to attend trials, prosecutions and investigations, and this comes through the electronic presence remotely, and after research, investigation and investigation we found that the Jordanian legislator took this modern system in trials and investigations and attended hearings, in an independent system in which he specified mechanisms, methods, conditions and powers of remote communication in the criminal case and this came in the system of using modern techniques in criminal procedures No. 96 of 2018 published on page 5606 of The issue of the Official Gazette No. 5529 of 2018/9/2 issued under article 158, paragraph 2 of the Code of Criminal Procedure assets and its amendments No. 9 of 1961, and this system included twelve articles, all of which revolve around remote communication and where to use the system, When applied by parties or not to the parties to the criminal proceedings, as well as the mechanisms for resorting to this system and the extent to which it can be resorted to by the court on its own or at the request of the parties to the case, and the Jordanian legislator as well as some legislation observes fair trial guarantees and provisions of confidentiality and publicity, as well as the results and effects of remote communication in national legislation, international conventions and treaties, and the opinion of the jurists touched on this study and showed the opinions in favor and opposition to remote communication, as well as the results and effects of remote communication, between Loss or maintenance of rights such as the right of defense, the right to plead and other rights, as well as the manifestation of effects that would be in the interest of remote communication.

Assisting a prisoner to escape leads to a criminal danger by undermining confidence in the efficiency and effectiveness of the security authorities that guard prisoners in the penal institution، or by provoking a state of terror or public panic، in addition to the material expenses and labor costs incurred by the state for the security forces to carry out exceptional duties in search and comment. In order to re-arrest the escaped prisoner instead of carrying out their usual duties.
The treatment of most of the comparative legislation، as well as the Iraqi legislation of the issue of helping the prisoner to escape and the consequent or associated responsibilities with criminal legal texts، all came in order to reduce this crime، in order for society to live healthy and free from crime and its catastrophic effects، in addition to the fact that the occurrence of the crime in question It will result in the exit of hardened criminals and murderers، for these reasons it was necessary to study that crime and to know the feasibility of legislative treatment after comparing it with the comparative legislation to find out the short comings and the required treatment.

The consumer loan is one of the types of loans granted by banks usually as its purpose is to meet the individual's personal needs. In the contractual relationship, this contract has a number of characteristics, the most prominent of which is the commercial nature of this contract in addition to the admissible nature. The consumer loan contract is one of the contracts of compliance because the borrower accepts the conditions set by the lending institution without any discussion of the terms of this contract. What distinguishes this contract from the ordinary loan contract that Organized by most of the civil laws, including the Iraqi civil law, as the borrower in the consumer loan contract enjoys the protection stipulated in the consumer protection laws, and there is a link between the loan contract and the funded operation, as the loan contract cannot be concluded in isolation from the funded operation, in addition to that, the benefits imposed from Before the institution granting the loan

The subject of human rights takes priority in the world’s thought and approach and in the application of the most important ways to lead a person to a dignified life, and since these rights are the focus of the human world’s thought in various religions and races, the research attracted me to study (Human Rights in the Sajadiya newspaper of Imam Zain al-Abidin and its comparison with the Universal Declaration of Human Rights) in which I dealt with A comparative study between the legal law represented by (Al-Sahifa Al-Sajjadia) and the positive law represented by (the Universal Declaration).
Human rights are rights inherent to all human beings, whatever their nationality, place of residence, gender, national or ethnic origin, colour, religion, language or any other status. We all have the right to equal access to our human rights without discrimination.

Administrative control of the most important themes that affect the organizational entity to the States currently present, it is necessary to protect the public facilities by detecting the problems and the development of appropriate solutions to treat them and to stand as well as the extent of the administration's excellence, the achievement of the goals of the public facilities, including the facility of the publications, the application of the laws and the guidance of the public money and the reservation of the public money and the revolution of the public money and the revolution of the public money and the extent of the publication of the public and the revolution of the public money and the extent of the public money and the extent of the publication of the public and the revolution of the total money and the extent of the corruption of the public and the revolution of the total money and the extent of the corruption of the mobile phone to correct the michaelch of the above-mentioned items. The two parts of the research The two-way teams The most important Control of the administration of the mobile contractor is not contracting on the contract contracts for mobile phone.

The security service contract is defined as an agreement between the administration that owns the business and the security company providing the service in which the security company is obligated to take care or achieve a result that is classified as a security service for the public utility in return for a price it charges in return. The contract whose administrative nature is established based on the mixed criterion that the administration requesting the service as a public authority is one of the parties to the contract, in addition to the fact that the subject of the contract is to provide a security service intended to secure protection for human resources, headquarters, buildings, sites and properties of the administration in a manner that serves the public interest. Disputes arising from the implementation of this contract are subject to the jurisdiction of the administrative judiciary, with which it plays its natural role by settling them according to the rule of “linking jurisdiction to the subject.”

Reprisals are pressure procedures detract the provision of international laws.
A state shall respond to illegal actions committed by other country , aiming at deter it by extrajudicial means or in respond to an attack or assault.
In spite of cruelty of these attacks that have been prohibited and arranged its responsibility by international law , however it not a justification to face it by violence means vengeance to the attack that the state have been faced , So the reprisals considered prohibited on the international custom and the general international law and human international law considered as illegal acts according to charter of United states.
The international law is rooting in prohibition of reprisals of aggression is to protect the security of the international community and keep in safe, so what the international law want is to keep the security international.

The air carrier's guarantee of passenger safety is a legal obligation imposed on him by law, and every condition that exempts the carrier from liability, whether it is a complete or partial exemption, is considered void for violating public order.
And that the agreements amending the liability of the air carrier are the agreements that regulate the effects of liability on a destination other than that regulated by law.
It is divided into three sections:-
The first: It includes the exemption from liability and according to the rules of civil law, it is permissible within the scope of contractual liability, except in the case of serious error or fraud. As for the scope of tort liability, it is not permissible at all.
The second: It includes limiting liability, which is a condition of exemption from liability. It is permissible in contractual liability, except in cases of fraud and gross error, and is absolutely void within the scope of tort liability.
Third: The emphasis on responsibility, which is absolutely permissible, as it does not include harming the weak party.
The Warsaw Convention of 1929 explicitly declared invalid liability
Any condition intended to exempt the air carrier from liability and to estimate a minimum level of compensation less than the limits set forth in this Agreement is null and void( Since dealing in the air and space spheres has become a necessity dictated by the current conditions of life and the presence of many risks to air transport operations and the exposure of passengers to accidents and damages, most airlines have begun to insure passengers in the air transport contract, as well as insurance on aircraft against aviation risks, as most countries of the world are obligated Air transport companies carry out insurance, and international airlines have also adopted the automatic insurance system, which is to insure passengers against damages that may befall them as a result of aviation risks, and they are authorized to obtain compensation from the insurer (insurance companies).

Appealing an appeal is one of the normal methods of appeal that a person who loses the lawsuit resorts to in whole or in part, and it entails submitting the dispute to the Court of Appeal, and it has the right to examine the dispute again, not bound by what the Court of First Instance has ruled, but it is restricted to what was challenged by the litigants. The one who lost the case accepted some of the judgment and challenged others, so the appeal considers the contested part only, that is, it is limited to the elements of the dispute in which the appealed judgment was decided, and this is what is called the effect that carries the appeal, and the litigants do not have the right to increase the scope of the case by appeal, but are restricted to pending requests. Before the Court of First Instance, new applications may not be submitted before the Court of Appeal that have not been submitted before the Court of First Instance.