Journal of Legal Sciences

Economic concentration between undertakings is considered of common transactions in the commercial environment . So it was not seen as practices that can affect on the competition, or that it is misused to achieve purposes that are contrary to free and fair competition.

In fact, concentration Transactions may to be affect on competition, Where Economic concentration has undeniable benefits, so it was not possible to prevent these Transactions. Instead, the laws tended to control concentration and avoid harming it. And obtain of its benefits.

This study highlights on the provisions of economic concentration between undertakings, and detection of the mechanism through which to control it, and avoid the harmful effects of the market, through the study of a number of European and American laws and compared with Iraqi law.

The research focused on important legal issues that have been formulated in questions such as: What is the concept of immunity and what is its purpose? , In other words immunity from whom? In what circumstances?

We also ask ,Does sovereign immunity principle , apply as absolute doctrine or have limitations been dealt with in national jurisdiction? On the question of what are the grounds for the distinction and partnership between the concept of sovereign immunity and the concept of diplomatic immunity?

Has sovereign immunity been affected by the pursuit of grave and terrorist violations, in particular, contrary to what international practices have been in the past as a sanctuary in which states and officials are protected from any criminal or civil prosecution? Will the American Act (the Justice Against sponsors of terrorism Act change the sovereign states immunity principle? What are its effects at the national (American) and international levels?

The public rights and freedoms are important constitutional issues; hence, all countries confirm them within the constitutional and legal texts. The principle of equality is considered one of the fundamental principles of the public rights and freedoms; therefore, all authorities must sponsor equality and maintain it, even though it is difficult to achieve equality in absolute terms among all individuals. The constitutional courts use various concepts that affect their rulings, based on their interpretation and determination of the concept of the principle of equality, because there are several understandings of the “principle of equality”.

A careful reading of the judicial decisions reveals different meanings to the concept of the equality principle implemented in the rulings of the constitutional tribunals. The increasing role played by the courts in control over the constitutionality of laws and the discretionary power given to the constitutional judge, sometimes lead to overlooking the principle of equality. This paper presents the determination of the concept of “equality principle” as it relates to comparative constitutional jurisdiction, and elaborates on how the constitutional judge addresses such principle; within the context of three topics.

The title of the first topic is “The Constitutional Value of the Equality Principle”, and focuses on studying the following three points: the concept of the “equality principle”, its sub principles, and its constitutional value. The title of the second topic is “The Equality Principle and the Discretional Authority of the Constitutional Judge”, and this topic discusses the following three points: the equality principle and attainment of the public interest, interpretation of equality principle among distinctive legal centers, and the influence of political obstacles on equality principle. Lastly, the discussion focuses on the legitimate objectives of breaching the principle of equality, through the following points: breach as a result of legislative correction, breach that comes from positive discrimination, and the legitimate breach that results from the division of electoral districts.

This study focuses on in the (D.N.A) as an evidence In proving criminals materials, it has shown the biological sign effect and its role in proving the criminal materials, and then its role to create the judge believes therefore ; this study has been made in tow chapters,intermediate chapter: the type of biological signs and its relation with proving evidences, in the first chapter the biological sign has been limited through its meaning that could reach by using the exact meaning of the sign and biology, accordingly it has been defined as ( a mark that can be sensed and examined where the main source is the human body, and related to one of the human biology actions starting from its anatomy, physiology, or it can be resulted from the normal habits ). The second chapter discussed the relation between the biological sign with proving evidence, I've made it clear that it’s an indirect and incomplete evidence that needs the usage of extraction and conclusion rules, in addition to other evidence that can be stand by the prove the crime bases and the criminal responsibilities of it.

That it is reasonable to assume that the repossive damage is the result of tort liability, but this has raised in our minds the question of the extent to which the damage arising from the liability may arise, not only from tort liability, and from the possibility that the damage is direct and not indirect, It is possible to try to prove that the injured person can be compensated for recidivism as a result of the realization of contractual liability in general, with a focus on achieving the contractual liability of the air carrier in particular.

Consequently, the study has worked to clarify the intentional damage to aircraft accidents and to distinguish between the liability of the carrier to the passenger as the original victim of the aircraft accidents and the carrier's responsibility towards the victim of the return, thereby indicating the independence of both of these responsibilities vis-à-vis the air carrier.
Through the study, we attempted to clarify the conditions for compensation for damage caused by aircraft accidents and to indicate the discretionary power of the judge in the persons involved in the liability for the damage.

In addition, the provisions of the repossessed damage in aircraft accidents were clarified and therefore the extent of the possibility of amending the provisions of liability and their effect on the repossessing damage, whether in tightening or mitigating it, was clarified. Finally, it was necessary to clarify the means of compensation for the damage to the most appropriate means of this damage, Moral damage is apostasy.
Based on the above, the subject was dealt with by dividing it into a preliminary section that highlights the legal organization of air transport and then two sections. The first topic is entitled "Defining the damage caused by aircraft accidents". The second topic is the provisions of repetitive damage in aircraft accidents.
Pre-requisite: - Legal regulation of civil liability for air transport
the first topic: - Defining the damage caused by aircraft accidents
The second topic: - The provisions of the damage in the aircraft accidents
Conclusion

The right to obtain information from the most sacred of rights and the most important and Olney represents spiritual humans importance, and building on it has the researcher spoke through Take the study for the content of this right and organization at the international and local level, as it meant the international conventions long ago this right and arranged for him sufficient guarantees rests countries in places much like Universal declaration of Human rights, but that this right has been many difficulties in the Jordanian legislation initially that the case came to what it is now, when the Jordanian legislator responded recently to popular demands and issued a guarantee the right of access to information law No. ( 47) for the year (2007),

The researcher has reached a set of results, most notably the large number of restrictions on the use of this right in the Jordanian legislation, although privately Hashemite Kingdom of Jordan developed a special legislation for the right to access to information.

The researcher presented several recommendations, among which was the need to reconsider the legislation regulating this right, and ease restrictions on the release of information.

Handling search partial very important, a contention seller if I keep property under the condition with the creditors of the buyer, since it is known that the creditors of the buyer deal with the buyer as the owner did not know anything about this condition, and thus the UAE legislator in Article 732 of the UAE Commercial Transactions Law No. 18 for the year 1993 came by virtue of a lack of protest provided to retain ownership in the face of a group of creditors -creditors of the buyer -and the goods had entered the stores, on the other hand civil transactions law No. 5 of 1985 ratedid not want anything about it in the, and therefore, the seller would be affected obvious damage it came this study-in-law civil attempt to reach the protection seller that we find the first of the buyer's creditors in the legal protection, but in order to prevent collusion terms.

The contract valuable by itself cannot be a source of punishment, but the legislator penal has estimated the seriousness of the breach of some contracts entered into by the official bodies or government with each other or with third- party view of the consequent adverse effects on the administration itself and the beneficiary citizen of the commodity or service subject of the contract therefore the legislator criminalizing bribery, fraud ,forgery and illegal use of contracts or compromising the freedom and safety of bids or tenders abuse of public office intent to damage public or private interest accordingly , this research deal with for the theoretical framework criminalization and punishment within the scope of government contracts in the three demands , first we assigned to the definition of government contracts and the second substantive provisions of the criminalization and punishment, and the third we assigned to the procedural provisions according to the light of Iraqi laws relevant actions and irregularities with criminal intent or with error positive for liability and penalty then we finished conclusion contained a number of recommendation .

Contributing companies consist mainly of two categories of shareholders: the majority and the minority. The first category (majority shareholders) means the controlling shareholders of the companies capital and its board of directors and voting at its general assembly meetings without the second category (minority shareholders), especially the acquisitions and risks to the company. We find that the Egyptian legislator has created legal protection for a minority of these risks, by forcing the acquiring party to make a mandatory purchase offer for the remaining shares in the company, at least the highest rate of acquisition of the capital of the company, Nahina on the application of the principles of corporate governance and its importance to protect minority shareholders, because they provide equality of rights and equality, including the protection of the interests of the company and its clients.

The research did not limit the legal protection of the minority shareholders against the of acquisitions, but rather highlighted the need to protect the agreement between the shareholders of the company, to protect the minority of them, to support and increase trust and preserve the company's reputation. Competition for personal party wishing to acquire, as well as the possibility of the company's capital increase in order to block the acquisition, and some other appearances.

In light of the foregoing, the Iraqi legislator did not provide any protection to the minority shareholders except as provided in the provisions of paragraph (3) of section (10) of CPA order No. (74) of 2004 stipulating the protection of the minority shareholders by obligating the acquirer ratio (30%) for any contribution listed on the Iraq Stock Exchange company, the disclosure of its ownership in the company's capital, without creating any protection of minority shareholders, unlike the Egyptian legislator real solutions. So we hope the Iraq legislature to find a legislative organization within the Security Market Law for the purpose of protecting minority shareholders from the risk of acquiring similar to the Egyptian legislator.

Freedom of trade are determine according to the philosophy of power that put the Constitution, it has been considered as individual Freedom, Then freedom evolved towards adopting social doctrine, Which allows the state to intervene for social justice, Then the new concept which is based on a market economy.

According to this concept the state will put the laws to control competition and trade, and it impose appropriate taxes, and have a right to Exercise in economic activity on the basis of equality, as is the case in France, Spain, Russia, Egypt .

The Constitution of Iraq for the year 2005 taking new concept of free trade indirectly as one of the modern foundations to repair the economy.

Is a theme of foreign direct investment and indirect interest of the world, especially developing countries, and the growing interest in recent issue of investment in Iraq and the region being one of the countries aspiring to attract foreign investment, especially in the natural resources sector, having changed relatively Look uncertainty towards foreign investors, both of by the state or its citizens.

Although mutual cooperation between the state invested and investors to identify those rights and obligations in terms of scope or content of the contract between the parties, but it might get a conflict between the two parties in the exact content of the rights enjoyed by the investor and the obligations due to breach of one of the parties, whether the investor or the state.

So investors seek for effective safeguards for the Settlement of Investment Disputes, and despite the multiplicity of tools that can be resorted to parties in the contracts for the settlement of investment disputes arising there from , But arbitration is an acceptable way to resolve investment disputes where it is an effective way to resolve investment disputes where he became the normal judiciary in this area because longer an effective guarantee for investors to resolve their disputes with the state for attracting investment because they see to spend those last look doubt and suspicion , In addition secret advantage of arbitration, which are commensurate with the nature of the investment contracts it is in line with the desire of investors to stay away from resorting to eliminate the State's national invested and this is what helps keep the secrets of investors and avoid compromising their status and reputation in the field of commercial activity as well as the speed at which characterizes arbitration in deciding chapter in the conflict, as well as that is resorting to arbitration because of its investment contracts from the privacy of the fact that the State attracting investment party in those contracts and that's what the motive for the investor to make the arbitration procedural safeguard for the protection of investments.

So we will address the concept of arbitration and the extent of taking the Iraqi legislature in the investment law to this way of resolving investment disputes and touching to the position of the law the province of which compared with some of the laws, and through two sections separated allocated first to the concept of investment and second to resolve investment disputes (arbitration) model