Journal of Researcher for Legal Sciences

The idea of the topic is embodied in the fact that the apportionment (the division of benefits) is a temporary division that is limited to organizing the benefit of the parties with their shares in the common estate and does not end the common. such division occurs by mutual consent between the parties, and it may be obtained by compulsion through the judiciary in certain circumstances, as if one of the parties requested it and another refused it. There are legal effects raise on the apportionment represents in certain rights and obligations, and the provisions of the lease contract will apply on the apportionment, and the legislator limits that the lease provisions should not conflict with the nature of the apportionment.

Gender is something that man does not choose،, in fact it is a wisdom from Almighty God who created man into two sexes ‘male and female’ and there is no a third sex of human being, and assigned each of them duties that differ from the other, in accordance with the nature of each of them. In jurisprudence, the gender is recognized at the moment birth. In the medical science, there are several criteria for distinguishing between the two genders, this includes chromosomes and hormones. In some people, sexual disorders may occur ، so they develop a feeling that they belong to the opposite sex, so they have change their gender by taking hormones of the opposite sex as well as undergoing surgical operation. Therefore, such people become deformed human beings neither males nor females، this is what is known as the process of gender change, and this effects personal status matters.

L’émergence des conflits transfrontaliers de polygamie pose plusieurs problèmes dans le domaine du droit international privé. Les relations conjugales polygamiques à caractère international laissent un impact clair sur la philosophie et les méthodes du droit international privé, et posent divers défis à l’application des règles de conflits de lois, que ce soit dans la phase de qualification, ou lors de la détermination de la loi applicable, ou même lors de l’utilisation de la méthode de la reconnaissance. Il n’est pas non plus toujours aisé d’appliquer le droit étranger en raison des différentes applications judiciaires lorsqu’il s’agit d’invoquer l’ordre public international. L’objectif de la recherche est de déterminer la possibilité des tribunaux arabes et occidentaux à prendre en compte la culture de la polygamie, lorsqu’ils appliquent les règles du droit international privé, et leur capacité à dissoudre les conflits culturels au moyen de solutions de conflit de lois.

The commercial agency is one of the important commercial contracts on both internal and external levels, to provide the opportunity for any merchant or producer to look for someone to act on behalf of him in relation to marketing products, as the merchant may have no adequate about needs of consumers. So the need for the commercial agent emerged to do business instead of the principal, so this was regulated by the Commercial Agency Organization Law No. 79 of 2017, and the previous repealed laws such as Law No. 51 of 2000. Through reviewing previous and effective laws and some comparative laws, the concept of commercial agency and its characteristics were identified and distinguished from civil agency, and its termination and its general and specific legal effects, as well as an explanation of the concept of a commercial agent and the conditions that must be met therein.

There is no doubt that the administrative judiciary considers balance between respecting rights and freedoms of individuals as special interests and preserving public order as a public interest. Unbalance in this contest may lead to chaos, so the Administrative Court was established in order to play this rule to ensure such balance. This court practices its task in controlling activities and actions of the administration, and any breach shall be revoked, as well as appropriate compensation might be imposed as a result of the breach. For that, the court has been granted a set of powers and authorities that enable it to control actions of the administration, especially the administrative decisions, through which the court judges examine the legality of these decisions and their compliance with the law. The powers here may expand and narrow according to what the legislator provides for its legal regulation.

Some States especially developing countries seek to criminalize illegal gain due to difficulty in proving conventional corruption crimes. Some States have criminalized illegal gain in their national laws such as in Iraq, Egypt, Kuwait and Argentina, as this considers an effective mechanism for combating and eliminating corruption. However other States have refused to include this crime in their national laws; Because it contravenes to constitutional and criminal principle, as in the United States of America, which does not criminalize illegal gain, but it used instead the federal employees' financial disclosure system, and it adopted a tax evasion system that it believed detect corruption crimes.

The labor Law provides texts deal with women workers and their rights that fit the nature of females and their social duties as mothers, in the way that ensures providing protection for health and ability of females to work. The law obligated employers to implement these rights and put many penalties that impose on employers who violate this obligation. The relationship between women and employers is regulated through legal rules that apply on all workers, in addition to these rules that provide special protection for woman worker. These rules are classified to general rules that apply on all women workers, and rules that address only working mothers. As, these rules impose penalties, violations of them form crimes against female according to labor law. Therefore, this study focuses on analyzing the principles of these crimes and clarifies the misunderstanding to reach suggestions that support women work in Iraq.

National and international laws and regulations have been enacted in order to protect and care for human beings and to preserve their rights, and not to infringe upon them, regardless of their religious and national affiliation, regardless of color, gender or race. As a result of the development of methods of killing and armed conflicts and the end of the cold war in the early nineties of the last century, states and their regular armies are no longer the only ones in the armed arena, as military and private companies have appeared on the international scene, which provide their security and logistical services to states in according to contracts between them.
However, these companies have been involved in performing essential security tasks during armed conflicts, and this involvement includes the protection of individuals and military equipment, training the armed forces, providing the security services with information, maintaining weapons, and questioning suspects or prisoners. Companies deny their role in armed conflicts and their strict violations of the rules of international humanitarian law. Our country, the country of Mesopotamia (Iraq), was the scene of most of these companies, raising many questions and problems on the security and legal levels.

Husband is obliged to spend on his non-disobedient wife if requirements of alimony are met and fulfilled, and this may become a debt that the husband owes and accumulates during the days of non-spending. Accumulated alimony does not abolish by divorce or death, wife may sue her husband to force him to spend on her of request separation, if the wife go for separation, and she has the right to borrow at the expense of the husband in the event of his absence and she has no money to spend on herself and her children for more than a year, if she has legitimate excuse for not claiming it and the wife proves that to the court.