Basra studies journal

This research discussed the legal regulation for the license contract to utilization of the new plant- species according to rules of the Iraqi law of registration , use and protection of plant- species in Iraq and compares it with that of Egypt, Jordan and UAE and on the light of the international agreement concerning this regulation in this research we have tried to remedy the lack, contradiction and shortcomings in the texts of the law of registration, use and protection of plant- species related to the optional license contract of utilizing the new plant- species by following the analytic comparative approach an making use of juristic views in this concern. the research focuses on the optional licensing contract by explaining its concept, identifying it, explaining its characteristics and distinguishing it from other similar contracts, as well as determining its legal nature and indicating its effects. The research is divided into two sections, in addition to a conclusion containing the most important results and some recommendations.

The insurance contract imposes on the insured an obligation to inform him to fulfill it to the insurer in all honesty and truthfulness away from fraud, but the insured may cheat on the insurer and provides false and incorrect data and information to the insurer in bad faith for the purpose of misleading him, or the insured may give a false notification in case The perception of danger and insurance in the case of good or bad news.
It may happen that fraud is committed by way of excess maritime insurance, whether in exaggeration in bad faith or in the case of multiple insurance contracts, so the insured may hold the insurance for an amount greater than the real value of the insured money at the time of the accident in bad faith and for the purpose of obtaining an amount that exceeds the value of the insured thing, Or he may conclude several insurance contracts in bad faith in order to obtain compensation in value that exceeds the value of the insured money Fraud may be issued by the believer and by others. The believer is obligated, as is the believer in the media, and he cheats by means of false news or silence in bad faith, and others also imagine the issuance of fraud.

"Fraud is an old social scourge that leaked to many products by weak souls, in terms of the citizen not feeling, and among these products is drug fraud, in addition to the progress made in different areas of life has reflected its role in the diversity of methods of fraud and counterfeiting in medicines For the pursuit of their vice goals means profit only without regard to the health and human aspect of the individual, and the negative effects caused by these drugs on the patient, who desperately needs the drug to treat his health condition, and since the drug is an effective and necessary element to sustain life to recover from his illness after the will and care of God, Except that it is from his side The prevalence of fraud and counterfeiting in medicines, especially in the recent times, has reversed inversely on the health of individuals, since the drug has become in this case a negative impact on the individual on all society.

Good governance is one of the concepts that emerged at the end of the eighties of the last century, and its concept developed over time and shifted from the priorities of governance that aim to increase economic efficiency and growth to governance policies and institutions that enhance citizen participation in decision-making, fighting corruption and encourage transparency and control, and assistance To recognize the difference within the multiple societies that a nation's people embrace

The executive authority is one of the most important and most powerful public authorities in various political systems, due to the development of its function and its granting of broad powers that made it dominate the reins of affairs in the state, and the seriousness of the role that this authority plays has significantly affected the work of other authorities
This influence did not stop with the legislative authority alone, but also extended to the judiciary, especially the constitutional judiciary, as the executive authority tries to influence the independence of this judiciary by limiting the exercise of its constitutionally mandated terms of reference in either the supervisory or interpretive field, through its interference in its actions or influence On his people Based on the foregoing, the independence of the constitutional judiciary assumes no interference in its work by any government agency, but the reality has proven that there are obstacles impeding the work of the constitutional judiciary through the interference of the executive authority in the work of this judiciary in a manner that undermines the extent of its independence.

The director plays a major role in the life of the company as he undertakes the conclusion of all necessary contracts to achieve the goals of the company stipulated in its founding contract. The company, as a general rule, is responsible for those contracts if the director conclude them in the name of the company and for its account and within the limits of his powers and in a manner that is not inconsistent with the purpose of the company. But are the contracts concluded by the director deemed binding on the company in front of the third party even if it is far from its purpose or goes beyond the powers that the company law specified for the director? Does the company bear responsibility for the torts committed by the director during the performance of his duty? The Iraqi company law did not address these issues, which led us to address them comprehensively in order to provide the Iraqi legislature with effective proposals to fill this legislative gap in a manner that guarantees the protection of the rights of the third party as such protection will strengthen the confidence in Iraqi companies and preserve the stability of transactions which, in turn, makes the Iraqi company law at the rank of the laws of the developed countries.

The Iraqi Council of Representatives carries out the legislative, supervisory, and financial functions by holding public meetings based on the principle of transparency , which allows citizens the right to be informed of the parliamentary work within the sessions, but as an exception and due to the necessity, the legislator is authorized to hold secret sessions based on the decision of the Council of Representatives for the supreme interest of the country. Through this research, we sought to explain the legal mechanism for holding the secret session and determine the spatial, temporal and objective scope for its convening. We have also discussed the most important negative and positive obligations that are imposed on the council member in secret council meetings along with the types of responsibility to which the deputy is subject when violating its obligations. At the end of our research, set of conclusions were recommended.

Ownership, the real estate ownership in particular, is sacred of which the owner shall not be deprived except in cases specified by law, alongside with a fair compensation, whether in-kind or monetary. Yet in practice, we do not witness that in the case of the property being acquired by the government, or in case of improvement of the property neighboring to a governmental project, based on justifications related to public interest and economic considerations. Such interests and considerations prompted the legislator to promulgate such a text, but the Iraqi legislator did not sufficiently regulate this issue in the Acquisition Act No. (12) of 1981 in terms of the terms used. As well as the shortcoming in explaining the legal basis for the so-called in-return-payment of real estate improvement, also accompanied by ambiguity to resolve it.

The Kurdish issue was a constant feature of Iraqi politics, both positively and negatively. Although the principle of self-determination in international law was defined with restrictions, it is not subject to a firm rule regarding it, but rather to international relations that are governed by interests in most of its folds and circumstances. The demands of the Kurds differed according to the internal, regional and international circumstances and developments. Their demands ranged from recognition of their national, linguistic and cultural rights, to autonomy, then to the establishment of a region under the federal system, until it reached the ceiling of separation and the formation of their own state that would be the nucleus of the Kurds in the region and the world.
That the interactive relationship between the region and the center was not stable and was marred by disagreement and tension on several issues, and the constitutional texts could not resolve them. All these matters and others made the principle of mutual trust absent from the relationship between the two parties, this trend has printed the policies of the federal government and the policies of the region in dealing with one party against the other, and the situation in the region has worsened with the emergence of many factors that have resulted in two cases of conflict at the internal and external level. This indicates that the state of the relationship between the two parties has moved to a dangerous direction, with various repercussions, the most important of which is the case of divergence between the parties of the Kurdish government.

The legislator does not address in the special laws in Iraq and some of the laws of the countries compared to the litigation procedures, to define the ruling issued to suspend the execution of an administrative judicial ruling in the civil and commercial procedures law, as well as the case in the successive laws of the State Council. Therefore, it fell upon the jurisprudence and the judiciary to set a definition and concept that distinguishes it from what it is mixed with from other claims.
Where the ruling issued to suspend the implementation of the appealed administrative judgment is distinguished by its nature, especially as it relates to the determination of an urgent request prior to the administrative judgment , Also, there are many issues related to its issuance, including its enjoyment of a special authority and then the necessity to implement it as soon as it is issued, just as it has implications for the ruling in the administrative invitation.
the Iraqi laws and comparison, and to emphasize the importance of subjectivity and distinguishing the ruling issued to stop the implementation of administrative rulings, with regard to the authority of the ruling order, Because the judicial ruling is characterized by expedited enforcement as a general rule when it is issued and pronounced.