Journal of Researcher for Legal Sciences

The contracts concluded by a person who is ineligible are considered legally complex contracts. The problem arises with regard to that if it should be decided to revoke or nullify a contract of minor, since it is only required to return the benefit that minor has obtained as a result of that contract. The benefit here refers what the minor acquired as actual benefit, whereas this is not the case if he has spent it on his desires and pleasures or has donated it to another person. The problem arises when a minor is misleading or negligent in the delusion of others and making them mistakenly believe that they are dealing with a fully competent person, which leads to imbalance between the interests of the opposing parties. So, this study tried as much as possible to re-achieve a balance between the minor’s interests and the interests of the other contractor in good faith, and not to allow the minor to take the privilege granted by the Iraqi legislator. In order to accomplish this, we dealt with the subject according to a research plan that included all its aspects, and concluded the study with a conclusion in which we explained the most important results that we reached and the recommendations to the Iraqi legislator.

The compatibility between the will of the people and the will of the party is a complex matter in the constitutional systems. Some constitutions allowed for free voting, and others made the MP's freedom in vote is limited according to the will of the party either in all matters or in important matters. In addition, the degree of party discipline is influenced by the extent of party internal democracy and the type of electoral system. Iraq's Constitution of 2005 adopted the doctrine of freedom of voting indirectly, where the law does not strip the membership of the member who votes against his party wish. At work, proportional representation, applied before Parliamentary Elections Law Number 9 of 2020, weakens freedom to vote, especially after following the sectarian political quotas system. The new law, which adapts to the single non-transferable vote system, also does not prevent partisan influence. This law preserved the unity of the party list during the voting stage to form the government. Therefore, it is better to restrict the freedom of parliamentary vote in the main issues, so that there is respect for the substantive aspect in the choice of the MP.

The World Health Organization described the Corona pandemic as a global epidemic, and in light of this description, the countries rushed to take measures for confronting this epidemic. So that, many countries declared a state of emergency, with the aim of protecting the state and individuals, but the Iraq government has not declared the state of emergency, it instead has taken some procedures, including establishing a crisis cell in accordance with Order No. (55) for the year 2020, which was given the authority to take processes to confront this epidemic. This committee has taken several, including curfews and lockdown the state institutions, including educational institutions, Likewise, the prohibition of movement and isolation of infected individuals. Such procedures definitely form violation to the individual rights and freedoms that are indicated in the constitution and the law, and if we search for the constitutional basis for these measures taken by the crisis cell, we will find it in Article 31 of the Iraqi constitution 2005, and to protect public order and to face the Corona pandemic

The decision to transfer a employee is considered one of the most prominent manifestations of the discretionary management authority that the administration enjoys at any time, considering that it is based on the service of the public utility and ensures its continuity, management and regular development in order to achieve the public interest, ignoring employee's desire in the exercise of that authority. Where, the legislation of public employment has explicitly asserted on the right of the discretionary administrative authority to transfer the employee as it is an internal regulatory procedure. However, the decision to transfer the employee should be considered legitimate in itself, where intention and purpose of the administration in taking such process must aim to achieve the public interest and ensuring the functioning of the public facility regularly and steadily. So, transferring the employee to another place or function should reflect requirement of the public interest, not including hidden or indirect disciplinary punishment. In this case, if the administration does not consider the public interest and takes such decision for an intention other that public interest, its decision to transfer the employee could be illegal, and the administrative judiciary may abolish it as a result of lack of respect for the principle of the legality of punishment and imposing penalties on employees.

Private international law is the product of a long historical evolution, due to the absence or insufficiency of texts, the doctrine has played a considerable role in the formation of positive systems of conflict. Little by little, private international law has been built up. Jurisprudence has contributed a topic significantly to its development. During this study, we will highlight those doctrinal solutions in the field of conflict of laws and the extent to which the Algerian legislator took them.

Digital privacy is the digital world for any particular person or entity, as it includes everything digital related to these people or entities, which made digital privacy today one of the most important human rights that people should enjoy. This led countries to take digital privacy into account when taking procedures for maintaining its security, that the privacy of any person should not be violated without his/her consent, and that the conditions for violating digital privacy are observed in case of necessity as far as possible and for a specific purpose. Digital privacy includes the privacy of people, other entities and even countries, since the violation of the digital privacy of countries is a violation of their sovereignty and security

The litigants may attend the pleading sessions, and here the court does not face a problem or obstruction in the course of the lawsuit, after it has ascertained of their identity, it proceeds to hear the case, and the judgment issued by the court in this case is considered a present judgment. This judgment shall be subject to appeal by all ordinary and extraordinary methods of appeal, with the exception of appealing by way of objecting to the judgment in absence. Here and when one of the litigants is absent and the other is present in the pleading sessions, what is the authority of the court in the court to issue the judgment in absentia? This is what we review in this research by subordinating the fundamentalist concept to the terms of the terms of judgment in absentia and objecting to it.

The University Service Law is an important law, as it regulates the rights and duties of an important segment of state employees. Therefore, we find in every country a legal regulation for faculty members. In Iraq, the University Service Law No. 23 of 2008 was issued on 5/4/2008 and published in the Iraqi Gazette, issue 4074, dated 5/12/2008. Article 21 stipulated that it would be effective retroactively to 1/1/2008. We will read this law with an analytical legal reading, through which we will address a group of laws, regulations, and instructions related to the University Service Law, especially the instructions issued based on it, in order to uncover the shortcomings and deficiencies that marred the University Service Law, the subject of the reading, in order to be a resource for developing the federal University Service Law, which is expected to be legislated soon.