Journal of Researcher for Legal Sciences

The contract has conditions and elements, the law does not recognize its existence unless they are available, and when it is available, it will enjoy legal protection, and this is a jurisprudential axiom, and it is the time to refute this axiom. At the time when the agreement is done without intention to arrange a binding effect when it is violated, we find that there are agreements that are “concluded” or “transformed later” into a contract even if the intention is not directed to arranging the effects of the contract, which means that this agreement has resulted in a commitment or a legal duty, that makes it take its position in the ranks of Contracts in the legal sense, whether it is discussed in the general theory of the contract, or the general theory of law. This is why we found it necessary to study the legal frameworks for honorary contracts, specifying the times in which they remain far from the eyes of the judiciary and when they become contracts, even if they are honorary, but they arrange what the traditional contract arranges

The Iraqi legislator dealt with the responsibility of the superordinate for the actions of his subordinate in Article (219) of the Iraqi Civil Code، and based it on the occurrence of an assumed mistake on the part of the subordinate and an mistake on the part of the superordinate، which is represented in not performing the duty of supervision and guidance on the subordinate، resulting from the existence of a relationship between the subordinate and the superordinate. it was presented The attitude of the Iraqi legislator regarding arising the responsibility of the superordinate on the basis of the supposed mistake has led to several criticisms that require the need to address them، and to reform the tort liability system of the superordinate for the actions of his subordinate in a way that achieves justice for all parties، especially in light of the existence of an integrated theory in Islamic jurisprudence that might assist in providing the best solutions to reform this responsibility، through Establishing tort liability basing on action and causation، and considering mistake maker a guarantor even if he does not transgress، and the one who causes it is not liable unless he transgresses، and in case of their combination، the liability falls on the director in general، and on both of them in exceptional cases

Conjoined twins are one of the ancient and modern social phenomena whose existence dates back to the era of Adam، the father of humankind. They have become well-known in the present time due to the development that the media. At first، the conjoined twins were regarded as deformation، and then as monster، without considering the legal position of them in developed countries and even in our Islamic jurisprudential heritage. The view on them has reached the highest stages of development that they consider human beings who are in need of medical assistance whether to determine their identity or separate them. Thus، this research seeks the subject from medical and legal as well as Jurisprudence in order to address the case of conjoined twins as two bodies joined together with some or more parts since conception، and considering conjoined twins as human beings، requires determining their personality، in a way that removes the vagueness as to whether they are one personality or two personalities، coinciding with the absence of legal regulation of the case of conjoined twins and their legal personality.

The Modern digital technology in banking has witnessed development on the global level in relation to information and communication technologies to keep pace with the modern challenges. A number of reasons have come together that have led us to choose this topic as a focus of research, as our study is centered within the framework of digital banking service, as banking institutions, especially electronic banks, seek to provide distinct services with a competitive advantage in accordance with the permissible standards and rules to ensure the efficient flow of banking services and a qualitative increase in the field of banking work . For the purpose of providing an integrated system for digital banking services, it was necessary to research those services that banks provide to the public related to money management and investment. The success of these services is reflected in the reputation of banks before current and potential customers in particular and on the economy of countries in general, and the methodology for transitioning from traditional banking services to digital banking service must be known. The importance of the topic is evident in the attraction that the digital banking service provides to clients with capital and financial centers, including merchants and major companies. Based on this importance and in order to shed light on the modern services provided by banks in terms of improving the customer experience and conducting transactions easily and at any time and place, the legislation seeks to establish a digital legal environment according to customer\'s needs and modern digital technology.

The Usurpation Incident is illegal act that leads to raising the tort liability due to the violation of the rights of the rightful owner of the property and depriving the owner from the benefits of his property unjustly. Therefore, the law imposes a penalty to remedy the damage and to ensure the legally established sanctity of the infringement, so the law removes the hand of the usurper against the usurped property and obligates him/her to return the property to its owner, beside compensating the property owner for the benefit of the property that he was deprived of without reason, in the form of equivalent rent, in addition to the compensation for the damages that befall the usurped property during the period of usurpation, such as damage to the property that accompanies the usurpation incident. This comes in application of the general rules, the damages that injuring others as a result of the act of infringement requires compensation. The judicial rulings issued by the Iraqi judiciary, most notably the decisions issued by the Federal Court of Cassation, have been applied accordingly in relation to cases of usurpation of real estate committed by individuals towards the properties of others, thus, the rulings in this regard come in a proper application of the law. In case if the illegal squatter is a state department, the judicial rulings do not oblige the usurper to return the property to its legal owner. We concluded from this research that this discrimination in the rulings is based on the identity of the usurper between the individuals and the state department has no legal ground to support it. We have recommended the necessity of retracting this principle of not returning the property, and unifying its provisions in both cases, regardless of the status and identity of the usurper, in accordance with the law, in a way that achieves justice and protect private real estate property.

Artificial intelligence and its various independent entities used in various fields of daily life represent a new challenge to the existing legal rules with the task of regulating relations between individuals in society, and the law must adapt to them in order to formulate new rules commensurate with it.
and since the increase in the use of artificial intelligence means an increase in the damages resulting from it, it was necessary to develop the compensation system in civil liability in order to suit it and achieve the goal of civil liability, which is the satisfaction of the victim, especially with the difficulty of knowing who is responsible for artificial intelligence in many cases.
In this research, we called to develop the compensation system in the civil liability resulting from the damages caused by artificial intelligence to move from judicial compensation to automatic compensation based on the two ideas of compulsory insurance from artificial intelligence entities and compensation funds funded by the manufacturers of these entities, and the necessary legislative intervention.

The inventions related to artificial intelligence (Robots) entered a very sensitive stage with the invention of artificial intelligence that simulates the human being in his thinking abilities، deep learning and independence in making decisions based on his unilateral will without referring to his maker and inventor. This arises legal challenges regarding the legal status of the robots in the society as the robot achieves actions as similar as human beings do، and man has relied on robot for the accuracy of its work and its precise literal specialization، as it took him out of the objective nature to be a legally recognized person، and for its loss of “feeling” and “complete natural awareness” and to achieve the principle of “human sovereignty” To prevent his harms، take him out again from the full legal personality and enter him in the description of the incomplete legal personality، and that recognition of its legal personality resulted in personal rights commensurate with the nature of the formation of this personality and the determinants of its perception and open a wide field for its intelligence to achieve its moral goal. These personal rights include Individual rights that are related to the robot itself (its components: physical and software)، as well as personal rights with a social dimension for which artificial intelligence was only made. Among the individual personal rights (the right to a name، the right to the infallibility of its components)، the right to authorship and invention، and the right to work. and that the research was limited to these rights was governed and restricted by two principles: the first: the moral purpose of the manufacture of artificial intelligence robots represented by “serving man”، and the second: human sovereignty over the earth. Therefore، robots must be prevented from controlling the life and destiny of humanity in the release of its rights in a manner equal to or close to human rights. The goal of making artificial intelligence came to serve man، and since it is first moral duty of the robot to serve man، it should not control humankind، and that these rights cannot take their efficacy in society and the state without judicial and social guarantees to prevent any aggression against them from man so that they can artificial intelligence does what it was made for.

Ali bin Abi Talib said: the Messenger of God (peace be upon him) sent me (Ali) to Yemen as a judge, and asked the messenger, \" O messenger of God, are you sending me when I am young and have no knowledge of judgment So he said, God will guide your heart and make your tongue firm, if two litigants sit before you, do not judge until you hear from both of them it is more likely that the judgment will become clear to you. Form this point, is that the principle in the judiciary is patience and contemplation, research and investigation, leading to the ruling that is considered the final outcome and the address of the truth. However, sometimes rights may be overtaken and swept away due to traditional litigation procedures, which require a process that may extend for an unknown time, which may result undesirable consequences, and the final judgment becomes like a scream in a desert. For that, the Iraqi legislator realized in Civil procedure Law No. (83) of 1969 in Articles (151, 152, 153) the importance of the state Judiciary and what it leads to in providing quick temporary protection of rights and legal positions without prejudice to the origin and essence of the right. However, the Federal Supreme Court Law No. (1) of 2005 did not include any reference to it, but rather its Regulation No. (1) of 2021 referred to the consideration of requests for state orders in accordance with the provisions of the Civil procedure Code. That is a legislative obligation which falls on the Federal Supreme Court to follow regulatory procedures that are followed in ordinary courts at their various levels, but it committed itself to Articles (151 and 152) Article (153/1) regarding the grievance, since finality is a characteristic that accompanies their decisions and opposes the character and nature of the constitutional lawsuit, which leads to the fragmentation with the essence and nature of the system. Integrated legal State orders, and this contradicts sound legal logic, are the duty from which the necessity of creating a procedural organization for temporary constitutional protection is inferred.