Journal of Legal Sciences

The donor Bank obligation for the financial credit is usually determined by the major Arab trade Legislations without identifying its concept in terms of essence and implementation mechanism. Such application raises several queries. On one hand, what is the significance of this obligation? Is it restricted to the monetary essence? Or could it be from contractual essence? Given that the banking and judicial application ran on the diversity of this obligation in terms of value, duration and attitude in a maximum money limit which is considered a ceiling for the obligation. On the other hand, Banks is using to implement those commitments through special account called \"debit account\": that is an account which has the nature of a current account, and other times has the nature of non- current account, given that the importance of the judgment of these tow accounts various regarding to the financial credit donor bunk and the accredited client. All details required will be studded in this research.Key words:-The nature of the commitment, Debit account and the donor Bank obligation for the financial credit

The relationship between the legislative and executive power under the Constitution of the Republic of Iraq for the year 2005) It addresses the research studying the legislative and executive branches under the 2005 Constitution in terms of the installation of each and limits of their relationship, as well as the manifestations of impact of all authority over the other, and then an attempt to assess the compliance of the authorities to provision of the Constitution, where it was noted that the practice went a trend different from what books in the Constitution.If the constitutional provision granted legislative power outweigh prevail, the application had been otherwise, as it topped the executive authority represented by the Prime Minister, which led to the occurrence of differences and reached a level of crisis between the two authorities, and this is why all the authority of them to the other accused of violating the constitution or disable its provisions.

This study is dealing with the concept and the significance of electronic books, crimes related to such books represented by steeling and imitating electronic books and the penalties that exposed upon those people . We explained in the first topic of this research the concept of electronic books , explaining the development stages of the industry of electronic books , showing its characteristics and defects .Second topic deals with specification of penalties upon the commitment of crimes related to electronic books via international and local laws and legislations which determined protection principle and those who are included in the protection and the scope of rights of those persons .

Originally, the legal regulation of the lease is part of the civil law, this contract takes place in this law as one of the specific contracts. However, the legislator initiated in many countries to confront the housing crisis and disruption of private rental relations legislation, consistently gained status over time and as a result of its application for a long time. And was the basis for intervention legislator in this way is to protect the weaker party in the contractual relationship, any tenant protection in the face of the lessor, which is supposed to be stronger than it is economically, as is the case in the protection of worker in the face of the employer. Thus laws are extraordinary means to achieve the nodal balance between the parties. The issuance of the private rental property exceptional law leads to disruption of the exclusion from the provisions of the Civil Code, temporarily disruptive - in principle at least - to be wiped out the circumstances that called for the issuance, Faisar to cancel after that, and work back from the new provisions of the Civil Code The Off. But note that the property rent laws are no longer in fact exceptional and temporary laws in the strict sense, so that these laws extends its application for a long time, and if they canceled replaced by another exceptional laws. Since the lease is of term contracts, so the implementation of the original term of the lease, or the mother of the additional extension, whether conventional or legal, may result in an imbalance between the two parties as a result of changed economic circumstances after this period than it was at the conclusion of the contract. Is there a legal way to restore the balance between the two parties? In fact, the rules of civil law did not take the idea of convening in the balance as a condition of contracts or health, and the reason for this is the principle of the rule of Sultan will the rules of this law, which did not leave any room for the principle of balance between the parties to the contract. Once the conclusion of the contract, the latter becomes law contractors. But this does not mean that we find in the civil law several t heories can provide nodal balance, as in the field of consumption decades. This also applies to the theory of reason, and the principle of good faith, and abuse of the right, and unjust enrichment. The purpose of the envisaged issuance of extraordinary legislation, is to provide the necessary protection to the category of tenants in access to housing. Valskny is one of the essential needs of every human being, he can not be dispensed with, while the leases for other purposes, industrial and commercial, within the scope of economic activity and professional, and the areas should be governed by economic laws and not others. And so were the subsequent amendments to the Property Rent Act, so that ended up limiting the application of this law on the buildings intended for housing without Gerha.oma leases for other purposes, became governed by the rules of civil law. And has resulted in this, that the issue of balance can not be Atar only for contracts that are governed by special laws, a housing contract. And may we dealt with the subject of the nodal balance between the two parties on the basis of the most important obligations, and two side-term and by the taxi. The result that we finished it, the basic function of the State in the field of housing, ensuring minimal social needs, according to the perspective of social security systems, while leaving cases exceeded the cases of necessity to the private activity, is a crucial intervention in the economies of this facility and social, including affect the state in reality of supply and demand in the field of housing, and can therefore be ruled out that relations rental housing system adopted by the state, the civil rules, without the need for significant intervention by the legislature through legislation. And only then is no longer needed because the lumpy looking for a balance between the two standards.

All public institutions are governed by their systematic nature. Hence, the public employee, who works in those institutions, abides by different legal issues, which prevent any kind of disorder, that matter that may damage the benefit of the profitable people if the employee gives up working or is maltreated. Among these issues is assigning the public employee which means “the management assigns an employee to work for a vacant job for a period of time, because the original employee is not there for one reason or another, especially if there is no legal arrangement for this assignment”.The huge number of experimentations for this issue whether in Iraq or the region of Kurdistan resulted in a big misconception in its conditions, effects and other issues, which contributed in the administrative corruption, because it was done on many occasions to achieve personal interests. For this reason we called for legalizing it and organizing it within the law of the civil service in a way that leads to the achievement of the required goals, like systematic work of the public institutions in order to achieve the common interests and saving the legitimatization of the state, eliminating the corruption and safeguarding its social ladder.

The development of exemptions in the elimination of regional associated to the development of forms of international practice which means management of foreign affairs of the state.As manifested first appearance for tax exemptions through diplomatic immunities and privileges which regarded the most important froms of international immunities for the time being , and then extended to include the heads of states .As alater state , It has become including the state itself . and so diversified international immunities diversity recipe who practice .Bringing toour judicial diplomatic immunity . Enjoy it the diplomatic envoys . Which regularized by vienna agrement on diplomatic relations in 1961 . and the judicial immunity especially of the state .The state traditionally its acts among themselves . It is recorded in the united nations convention on the immunities of states and their property for the year 2004 . And between these and those immunity that differed figh indetermining the nature of immunity that can be enjoyed by the diplomatic mission .Some of them see it as part of diplomatic immunity because it related to its members have its components . And some of them see it from touching the state immunity which sent it , As a public facility follow the state and one of its organs . As well as there are a new trend that sees the diplomatic mission immunity has double recipe .

Il ne fait aucun doute que l'arbitrage, en tant que moyen de règlement des controverses, est devenu un moyen efficace et plus répandu au niveau de litiges civils et commerciaux, l'exécution est l'une des étapes les plus importantes du processus d'arbitrage car il en est le résultat et le but recherché par les parties du litige Nous abordons par cette intervention les procédures et les mécanismes utilisés pour l’exécution des sentences arbitrales étrangères extraterritoriales, et les conditions requises par les lois jordanienne et algérienne et par la convention de New York de 1958 sur la reconnaissance et l'exécution des sentences arbitrales étrangères à laquelle la Jordanie et l'Algérie ont adhéré, et ensuite nous essayons d’aborder les problématiques d’exécution et les obstacles de la mise en œuvre D'une part, les législateurs jordanien et algérien ont décidé l’exécution obligatoire des sentences arbitrales étrangères à l’intérêt des parties à l'arbitrage, et ils ont garanti le droit au bénéficiaire d’ester en justice afin de demander l’exécution des sentences arbitrale exécutoires selon les procédures prévues par les lois jordanienne et algérienne rendant la sentence un titre exécutoireL'étude met en lumière les procédures et les mécanismes utilisés pour l’exécution des sentences arbitrales étrangères dans la loi jordanienne par rapport à celles prévues par le droit des procédures civiles et administratives de droit algérien, notant en même temps, le rapprochement des dispositions de droit interne avec les conventions régionales et internationales dans ce domaine.

There is no doubt that the parliamentary reward considers as the most important guarantees to the members of Parliament as well as parliamentary immunity and therefore this reward will be the main idea in which can depend on it by the parliamentary to do his/her Legislative and supervisory work against the other authorities. Because it provides the financial independence for the members of parliament And protect them from any influences and temptations, so the reward must be suit to with the above requirements in order to achieve its aim in the saving of the parliamentary independence. At the same time, this award must not to be Exaggerated in its value and becomes a way to win on the expense of public interest which pays the weak people to get the parliamentary membership as a way to earn the money rather than that mean to achieve the public interest. The subject of parliamentary reward is the most topics that raised controversy in Iraq, both in the popular or media circles and more that it raised as lawsuit before the Iraqi judiciary. All that is relating to the legal regulation of the general provisions of the parliamentary reward and what it particularly raised of problems in this contest.

The video record by hidden video capable strong evidence to prove the contrary and through him discovers the crime and is recognized as real culprit on the condition that it is photography free of manipulation or distortion.Consider imaging using a hidden camera of the best forensic evidence if free of manipulation and distortion due to being provides the best results, it contains a clear picture of the real criminal and has to be carried of the penalty it’s the real culprit not the other, as for the other evidence that it will condemn someone no relationship to it with crime and , the move picture with view of the characteristic that integrate sound with picture many benefits to go back as whole in favor of justice and it is in which can detect crime and identify criminals and have role in maintaining the crime landmarks like the perpetrator moment ago, and has capacity to display crime as they are without forgetting and video advantage because he archive history, hours, day, years can be the court and points of the investigation of the back to him during the investigation or after.

The international community recognized legal rules to prevent targeting civil objectives, such rules represent some principles contained in international conventions, especially the principle of military objective in an attempt to provide protection to civilians and civil objectives. However, the line between civil and military targets is not always clear. On one side, one of the parties to the conflict often resort to use civil property to serve its military objectives, especially for objects that are of the double nature or double use, which arise some questions of the legality of such targeting. On the other side, the conflicts are no longer limited to states only or to those that take place in the internal affairs, but joined other parties which are not states, such as terrorist organizations, the various armed groups across the borders that threaten national, regional or global security and stability which called Transboundary conflicts with non-state actors, which also raises some questions in targeting such groups, and whether the standards or recognized principles of international humanitarian law in targeting for the traditional kinds of conflicts are applied in these new kinds of conflicts.

The trespass to persons is considered as one of the torts included in the English law of tort, as well as such other torts as negligence, defamation, nuisance and trespass to land, it is worth-bearing in mind that trespass to persons in the English law has taken the following three forms: Assault, Battery and False imprisonment. Whereas the Iraqi civil law No. 40 in 1951 has regulated the illegal acts committed against the human being, and subcategorized them into the following two subcategories: The illegal acts committed against the human being, with the result of killing him, and the illegal acts causing only damages to the human being, without killing him.Therefore, the Iraqi civil legislator considered the illegal acts killing the human being as applications of the basic element of intention and transgression, upon which the legal base of the civil responsibility arising from illegal act in the Iraqi civil law is established.

Our study addresses knowing what is the administrative detention and its effects on public freedoms and the extent of the administrative justice censorship over the administrative detention decision.I have shown in the first chapter: what is the administrative detention and its impact on public freedoms by knowing what is the administrative detention and by showing the concept of the administrative detention through defining it in the language and in the terminology، and by clarifying the legal nature of the administrative detention. And then clarifying the scope of the administrative detention، whether in normal circumstances or in exceptional circumstances. Also by showing the justifications of the administrative detention and distinguishing it from other similar procedures. After that I've explained the impact of the administrative detention on public rights and freedoms by knowing what are the public rights and freedoms through showing the concept of public rights and freedoms and their characteristics and by studying the legal framework for public freedoms، and then clarifying the legality of the administrative detention under the legal framework، and by the end of this chapter the researcher has showed the Crime Prevention Law most important criticism.

The first civilizations came to the world exist, dating back to thousands of years BC on the banks of the Tigris and Euphrates in Iraq, as a result Iraq has been defined Mesopotamia. In addition, the abundance and freshness of Iraqi revisers helped agriculture to grow and prosper so that Iraq was known the land of blackness. However, pollution was increased as a result of acceleration of life due to technological advances, the excessive use of natural resources, terrible in the emission of gases and fumes from factories towers, the multiplicity of military operations faced by Iraq, and the weakness of law enforcement. Nowadays, Iraq suffers from various environmental pollution issues, including rivers pollution which causes drought and increasing salinity and other issues. This research will highlight the legal protection towards the national pollution of rivers.