Journal of Misan Comparative Legal Studies

This research dealt with a very important topic, which is the responsibility of the members of the administrative bodies causing the bankruptcy of the joint stock company. The competent authority, and we have clarified what is the legislation that governs the issue of bankruptcy at the present time, which is the fifth chapter of the repealed Iraqi Trade Law, with the exception of this chapter No. 149 of 1970 and the seventh chapter of this chapter is the ruling on the issue of corporate bankruptcy, and the articles related to the subject of our research are (721) and (722). ) . We also discussed the legal adaptation of the responsibility of the management members in the bankrupt company, and we also explained the civil liability of the members of the company’s administrative body, and that the decisions that led to the company’s bankruptcy were taken by the management member during his tenure of work in the company’s management.
Through this research, we reached a set of results and recommendations, in the hope that the researchers after us will benefit in this matter, and we have concluded that the responsibility of the management members in the joint-stock company is based on the supposed default error that occurs on their part, and among the conditions stipulated by Iraqi law for the establishment of this responsibility, That a judgment is issued declaring the company’s bankruptcy, and thus our legislator has explicitly undermined the theory of actual bankruptcy. Likewise, the text of Article (721) of the Iraqi Trade Law, regarding extending the company’s bankruptcy to other persons, came in the form of an application which suggests the permissibility of declaring the bankruptcy of these persons before declaring the company’s bankruptcy . The aforementioned article also required a person to do two things together in order to extend the company’s bankruptcy to him, which are doing business in the name of the company and for his own account and disposing of the company’s money as if it were his own money

The subject of this research is based on the legal organization of the inspection as a procedure of the investigation in the criminal law, when it used to uncover the crime and look for its wrongdoer and collecting the evidences and tools that used in this crime. The purpose of the inspection is to discover the human’s secrets through personal searching or inspection his residence or his belongings. The human liberty and his home inviolability concern of Iraqi legislation that not allowed enter the residence without a permission unless in necessity case whereas Iraqi constitution formulate exceptional case when given the authorities the right to inspection in conformity with the law and judicial orders. In view that, we tried in this research to study the legalorganization of the inspection according to Iraqi legislations and the comparison laws regarding the inspection procedures and its disciplines and conditions then study Iraqi legislations opinion about the inspection and the formalistic and substantive safeguards that must be considered

The offender resorts to the path of delinquency, as a result of several factors, all of which combine to create a turbulent psychological environment that resides within the potentials of the sensory frequencies of the feelings of the delinquent event. Passive through the muscle movement issued by him, such as using his hand to carry out the crime of theft or murder, and he may express his delinquency electronically in the event that he uses his digital expertise in the field of electronic technology to implement his criminal plans from a virtual distance, the electronic delinquency has become a phenomenon that constitutes a real threat and danger It greatly affects the security and stability of society and individuals alike, so it has become necessary to search for the necessary and necessary measures to reduce this phenomenon, and we have devoted the topic “Measures necessary to reduce electronic delinquency for juveniles”, to discuss these measures and prove their ability to reduce the phenomenon of delinquency email

Human civilizations in their different eras seek to liberate man so that he can express his faculties and talents in all aspects of life, because the freedom of people to express their problems, opinions and hopes can allow them to reach acceptable and rational solutions to these problems, and freedom of expression has become today one of the most important freedoms for The human being has the most valuable value, in addition to his freedom of movement and belief. All human societies have raised the issue of freedom of opinion and expression, each according to their internal balances and special circumstances, and according to formulas respecting their privacy.Freedom of expression is one of the basic human rights and one of the pillars upon which free democratic systems are based. Therefore, international human rights law allows the individual the right to express his opinion and express it by any means, but this freedom is not absolute. The person has the right to express his opinion within the limits of protecting the rights of individuals and the system. Public and national security

The administration has certain legal means to function its work. There are two types of legal work: the unilateral will of administrating which is called the administrative decisions, and the other one is the administrative contracts that are based upon an agreement between the parties to the contract. These contracts need pre-trial procedures to have the contracting done. One of these procedures is the declaration process in general and the public bidding in particular. To acquire a full understanding of the subject, first, we need to know the concept of declaration in public bidding, defining it, and pointing out the opinions of scholars on this concept, in addition to understanding the contents and requirements of the declaration. As a result, this paper will show the legal character of declaration in public bidding whether it is a procedural act, a normal act, or an administrative act that the individual can appeal

Constitutional legitimacy in criminalization and punishment is based on the principle of " There is no crime and no punishment except in text", which requires the accounting of sources Criminalization and punishment in laws promulgated exclusively by the legislature.However, that rule had been developed and expanded, as the scope of criminalization and punishment was not only in the laws promulgated by the legislature, but also in the subsidiary legislation of the executive branch,This is contrary to constitutional provisions requiring that criminalization and punishment be limited to laws only, and therefore different legal systems have moved to determine constitutional control and to control the legality of subsidiary legislation, and to ensure the protection of public rights and freedoms

The Idea of legislative deviation is an integrated theory, and it is one of the aspects of the unconstitutionality of laws and decisions that violate constitutional texts, which leads to the instability of states and their political system, legislative deviation that affect the legislation issued by the competent authority, and make it deviate from the principles of the constitution, which was legislated to define the powers of each state authority, and is a hidden defect resulting from the poor discretion granted by the constitution

The human right to life is considered one of the most important rights enshrined in various human rights charters and declarations. It is the focus and focus of these rights. The individual cannot enjoy this right if he is absent or violated, and it is a right endowed by God Almighty. Therefore, most legislation agrees that it is not permissible to dispose of it or delegate it to others

Formal procedural link is of great importance within the scope of the civil procedure law, because the formal procedural link occurs between procedural actions, and given that the civil procedure law is a procedural law, the formal procedural link is the scope of its work in this law between procedural actions, achieving the link between them and generating direct procedural effects that may have Impact on the substantive rights of the case, and the legislator regulates the idea of association and regulates its work regardless of whether they are procedural rights or duties. The formal procedural link in our study is different from the substantive link that occurs between the objective legal centers in dispute, which in one way or another leads to the creation or emergence of the procedural link, that is, the existence of the substantive link leads to the effects of the formal procedural link to occur, and what is meant by the formal procedural link is The link that occurs between the elements of procedural work, and in order to clarify this, we will address through this research the definition of artifact The formal procedural link We will also show the difference between it and the substantive link and we will discuss the conditions that lead to the creation of the formal procedural link between the procedural actions and in the last we will discuss the effects of the formal procedural link

Documentary credit has a very important role in the field of international and domestic trade, as this trade is often financed by a bank by including contracts for the international sale of goods, on the condition that the payment of the price is through a bank, usually in the country of the seller. Bank documentary credits are considered an exemplary means for settling international trade operations, because they guarantee each party to the sales contract the implementation of the other party's contractual obligations. The buyer’s bank opens the credit for the price in favor of the seller at the latter with the documents of the goods specified by the buyer, and the bank checks that the documents are in conformity with the customer’s instructions, as these documents are the main pillar in the entire documentary credit process. There are many forms of accreditation with the number of different implementing banks, meaning that the places of fulfillment are multiple

The topic of the role of the idea of public order in the Civil Procedure Code is of great importance in understanding the justifications that cause the invalidation of some acts, and prevent the forfeiture of some procedural rights, or those that make the judge obligated to decide on some issues on his own, without a request from the litigants or that are A justification for protecting some general principles in the Civil Procedure Code or for wasting some foundations therein. The idea of public order is used in the Civil Procedures Law, to ensure the validity of the litigation systems to keep them away from all agreements that contradict their content and form, and then it is an idea that expels all ideas that contradict them, and plays the role of protection in the field of procedures by excluding all that contradicts them of ideas. Public order is a variable and relative legal concept that cannot be limited, or provide an accurate definition of it, as its idea is inherently difficult to define. In general, it is everything that affects the entity of the state or contradicts a general and basic interest of its interests, and differs from the idea of public morals, as the latter represents the minimum moral values and ideas that people are humbled by, and represents part of public morals, and therefore the public order is more comprehensive than morals. the public

Pharmacy profession is an important part of public social life. Medicine and medication constitute a major aspect of the care of human life and health and the prevention of diseases that may infect him. Moreover, the provision and installation of medical drugs, that are beneficial to the human body, require Prior knowledge of: the characteristics of these drugs from a chemical point of view, the nature of their positive effect on human body, the side effects, if they are taken incorrectly and unregulated, and the proportions prescribed by the medication protocol. In addition to that, the instructions and recommendations of using the medicine must be stated.The pharmacist must cope with modern scientific development in the installation and mixing of modern medicines to reach their therapeutic benefits. The profession of the pharmacist is a profession rooted in the profession of medicine similar to the doctor. Each of them seeks to heal and treat human from diseases and epidemics, and to preserve on his physical safety. Consequently, the criminal acts, stipulated in Iraqi law of practicing the Profession of pharmacy, has become a widespread phenomenon in our time without restricted monitoring. As a consequent, it has become a threat to the safety of society in general and the safety of individuals on health level, physical level and even financial level in particular

Protecting individuals from the danger of infectious diseases by resisting their causes and limiting their spread through prevention and control by vaccination, food control and drinking water, in addition to providing a minimum level of air purity, and disposal of waste and liquid, solid and gaseous waste, is one of the most important topics that occupy many countries of the world, whether It was advanced or developing, which was stipulated in its constitutions. Therefore, those countries have spent on more procedures and mechanisms that prevent the deterioration of public health, through human rights in sound health free from all diseases, and accordingly, the concern for the right to health requires the intervention of the administrative control bodies and the exercise of their painful powers under the law, the aim of which is to preserve The public and protect it from diseases and epidemics

Scientific progress and its reflection on the widespread use of social media has led to the extension of the theory of administrative control to virtual reality, and if the administration faces the necessity of not violating one of the most important constitutional principles that require not compromising the freedom of communication as it is a fixed constitutional right at the same time imposes the need to preserve public order in The state that the administration undertakes to monitor social media (Facebook) to prevent everything that would violate it. The matter requires a balance between the freedom to use these means and the administration’s use of its controlling authority, and the nature of the research required dividing it into three demands.Administrative in the field of freedom to use Facebook, and we will discuss in the second requirement the dangers of using Facebook and the legal basis for the administration’s intervention to reduce them. As for the third requirement, we will devote it to the purpose of studying the mechanisms of the administrative control authority’s intervention in the freedom to use (Facebook) and the administrative judiciary’s control over the administration’s use of these mechanisms

According to importance of tourism sector now days which is considered vital resource from resources of economy for many countries as well as it is a good activity for many individuals. According to this, many tourism companies tend to what is called time share contract to attract large number of customers. This contract conclude between the costumer and the company which owns the resort or tourist village . due to this contract, the costumer utilizes from one of tourism real estate for specific period in each year such as one week or more. Moreover, the costumer pay to the company some amounts immediately or in installments according to agreement between the parties. This contract may include foreign factor and then there is problem to determine who specialized jurisdiction to study or look for such disputes in time share contract. According to main root, when naming international specialized jurisdiction to look for disputes of time share contract, the juridical court where the real estate located, but the modern development and legal juristic idea goes in contrary to this. Legal juristic thinks that the disputes may look for either where real estate to be or country of the costumer or goes to arbitration according to consent of two parties of the contract