Journal of Researcher for Legal Sciences

There is no doubt that the theory of the contract has undergone developments until the basic principles which had governed and regulated contracts for a long time have been changed and developed, so new principles arose. Among those principles is what can be called the contract change. The contract today is not the same as the contract before, and what was previously forbidden might not be so today. The idea of the contracting itself may not be in the account of the dealing parties, but a contract is imposed on them. On this basis, the idea of changing the contract is one of the ideas of jurisprudence which claims to develop the theory of the contract in light of what is produced by the globalization of contracts, especially commercial and economic contracts that support various financial.

First of all, the foreign investment in the oil sector is a complex process undertaken by major foreign oil companies, in which capital, technical expertise and modern technology are transferred across countries; therefore it is mainly related to the degree of legal protection through guarantees that address the protection of foreign investments. Due to this type of investment is accompanied by with great risks at the economic, financial and legal levels, it would be normal that large part of the content of the contract to focus on the guarantees that are agreed upon by the two contracting parties, and are activated during the period of force and validity of the contract. Therefore, the problematic of the study is about the effectiveness of the oil investment guarantees included in the oil tenders contracts, in order to regulate the oil investment process in Iraq, and to demonstrate its effectiveness within the framework of the Iraqi legislative system

The founders of the bank aim to achieve profit by conducting banking business and increasing commercial activities, and this profit may grow to the extent that the founders of the bank would look for new ways to attain a greater increase in profits. The banks legislation indicates possibility of a bank to liquidate its own entity in order to incorporate with another bank in order to benefit from the facilities granted by the central bank to the united or merged banks. The founders of the bank may see that the bank is no longer fulfilling their commercial ambitions and has not achieved the desired interest, so they decide to liquidate it voluntarily.

The financial resources of the Iraqi Deposit Insurance Company are formed, according to the provisions of the Bank Deposit Guarantee order no. (3) of 2016, from the contributions of the banks covered by the guarantee system from the regular subscriptions paid by the participating banks, according to the specified percentage to be paid for the deposits that are subject to guarantee with the bank, as well as the investment returns made by the company and the financial grants that are provided to it from others.
In light of this situation, the legal regulation of financing the capital of the bank deposit guarantee company is flawed by an important problem, related to the fact that it is a company established taking the form of a joint-stock company, which means that the company is subject to the general rules that regulate companies in a general manner which is mentioned in the Iraqi Companies Law no. (21) For year 1997. In this case, provisions may be applied that are inconsistent with the purpose for which this company was established, which requires work to resolve the conflict between the provisions of the companies law and some of the special provisions stipulated by the bank deposit guarantee system, and some other legislation such as the Iraqi banks law and central bank of Iraq law.

The heavenly messages, man-made laws, and general rules have agreed to consider keeping a secret as a moral and legal obligation, and any disclosure of these secrets is in cases other than those that necessitate a contrary act and that exposes the person to legal liability, and it is important that those in charge of jobs protect interests by protecting the secrets related to them. Disclosing job secret is a crime, so the legislator must confront it in order to preserve job secrets and not revealing them to those who are not legally authorized, and to put in place deterrent laws for violators due to the negative effects on society and the state. In order to clarify the commitment of the public employee not to reveal the secrets of the public office, we have divided this study into three sections and a conclusion as follows: In the first topic, we dealt with the concept of job secret and its types. In the second topic, the elements of the crime of disclosing job secrets and its legal basis. In the third topic, the effects of disclosing job secrets, including requirement being disciplinary administrative liability, requirement being civil liability, and requirement being criminal liability. Finally, and in conclusion, we show the most important findings and recommendations of the study.

The legislator is obligated not to refrain from enacting specific legislation that the Constitution obligated him to approve and enact. It is also obligated not to overlook or neglect any aspect of the legal regulation, without them the regulation cannot be completed in accordance with the constitutional mandate. Otherwise, this is considered a negative position on the part of the legislator in violation of the Constitution, and must be eliminated by The Constitutional Courts declared it unconstitutional, and the basis for this is the supremacy of the constitution over all legislation, whether from a substantive or formal standpoint.
The principle of the supremacy of the constitution is a basic guarantee of the principle of legality, but this principle itself needs a guarantee to be respected and not violated. This guarantee is oversight of the constitutionality of laws, including oversight of legislative negligence. It is the effective means of confirming this supremacy and preventing issuing any legislation that contradicts the constitution, and invalidating any that conflict with its provisions or the legislator neglecting its role in legislating legal rules, and thus preserving the principle of legality. Otherwise, the principle of the supremacy of the constitution would become a slogan without content and a word far from any content.
Therefore, the legislative role of the constitutional judiciary through oversight of legislation is represented by constitutional oversight of legislative omission, and the negative jurisdiction of the legislator in the judiciary of the constitutional courts of both Iraq and Egypt. This requires Knowing of legislative negligence and negative jurisdiction of the legislator, and presenting the constitutional foundations for oversight over them.

The study examined the purposes of punishment and how efforts were made to define them through different schools and theories. Among the schools were those, such as the traditional school, who considered general deterrence as the primary goal of punishment, and among them were those who considered special deterrence as the primary goal of punishment, such as the positivist school, as well as achieving justice as one of the goals of punishment, since it is not justice to let the criminals do whatever they want while society and the law are unable to punish him for his harmful actions to society. We believe that if the goals of the law are to achieve justice and general and specific deterrence, then the Islamic Sharia preceded the ideas of scholars and schools in achieving the purposes of punishment. Justice is a primary goal that Islamic Sharia always seeks to achieve, in addition to the purpose of general deterrence which daunts whoever would commit a crime with the punishment expected for him. Also, specific deterrence in Islamic law means preventive treatment, as a mercy from God toward His servants, and the punishment is proportional to the crime committed. If the punishment is applied on him, society must help him without standing against him and alienating him. When he seeks for an honorable job, people must stay helping him, not against him, this it conditioned of good conduct of the person, which who desires an honorable life after a crime he committed. In addition, Islamic law seeks to compensate to the victim as well as achieving its goals.

This study dealt with the issue of child recruitment in armed conflicts, as international conventions, whether those related to the legal system of international humanitarian law, or those related to international human rights law, prohibited the recruitment and use of children in conflicts. In addition, if child soldiers fall into the hands of the opposing party, it does not prevent them from benefiting from the legal rights granted to them according to their legal status. As a result of the awful effects of the crime of child recruitment during armed conflicts, the international community hastened in order to eliminate this phenomenon by making international efforts to suppress the crime of child recruitment during armed conflicts, through concluding international agreements that contribute to its suppression, and by issuing international resolutions, as the General Assembly contributed The United Nations and the Security Council in this regard, and the International Committee of the Red Cross and the International Criminal Court have played a major role in this regard.
The category of children is considered the most vulnerable to the violation of their rights, especially at the time of armed conflicts, and it was not limited to depriving them of their basic rights, but they were exploited in the worst way without regard to their childhood and their physical and psychological weakness, through recruiting them in international and non-international armed conflicts, and using them directly and indirectly in military operations. So, the Rome Statute 1998 criminalized child recruitment and classified them as war crimes that require liability and punishment, and fall within the jurisdiction of the International Criminal Court, Articles (5) and (8) of its statute.