Journal of Legal Sciences

The joint venture is a form of cooperation formed by the international dealing business , which is associated whereby the parties to achieve a common purpose among them is what he was doing the project activity uniform, and the idea of this project on the basis of direct participation, shared by a number of parties with a view to the implementation of economic activity for the benefit partners and the joint venture takes two formulas: the first joint venture contract : which is a contract between two or more parties for the implementation of a specific project, within a specified period , and has no financial independence or administrative will of his limbs, while the second version is a joint venture organization: is the kind of project which takes the form of a company with financial and administrative independence and enjoy a continuing basis . And because the lack of national legislation for states to special legislation regulating this subject, and to find out the legal rules that govern it. as well as a lack of law libraries in Iraq for specialized study in which despite the fact that Iraq was not far from the application of such a kind of projects, so we chose research in this topic is marked " joint venture".

In the early twentieth century appeared the problem of contamination of the plant's environment also appeared proposals that the owners of these factories pay the value of the damage to those affected, in other words that bear factory environmental cost, which explains or puts the basis of environmental tax which is estimated on the basis of environmental damage, has been developed this idea and spread steadily scientific and technological progress, and that pollution has become an international phenomenon, and the back of transboundary pollution which made this idea evolve and take shape in the form of the principle is known today as the "polluter pays principle", a principle that is true and logical, but the application of the principle faces problems The difficulty is that the pollution is a complex process, and therefore it is not easy to diagnose all polluters, as the amount or the amount of pollution are also difficult to identify, and therefore it is difficult to put an amount or a specific number of pollution, but perhaps legally find these difficulties can be overcome relatively if What we have addressed the subject in the context of the international commitment to protecting the environment from pollution, as well as to be the use of scientific methods that may make it easier for us to access the application of this principle, and based on what progress we will divide into two sections and search as follows:The first topic: the international commitment to protecting the environment from pollutionThe second topic: the polluter pays principle

The search for the legitimate government of the greatest bring him closer to one\'s God Almighty, which is undoubtedly the intent of Islamic law, and therefore is Islamic jurisprudence of supervised science as a whole; If contact rule Method Elimination of the matter becomes even more important, because the rule is not limited to wearing Balmklv but also to the judge who will ask about his day of judgment, and to the legislature which enacts laws mandated to achieve the interests of Muslims in the world and the Hereafter.One of these judicial rulings; what is known today in the Arab laws (b commandment due), one of the types of realization of rights and delivery to the intended recipients, however, that the difference in the necessity of the commandment is not new, has spoken of scholars, past and present, which requires us to discuss this partial of jurisprudence commensurate with the importance of being related rights on the one hand, and in line with the spirit and purposes of Islamic law based on the distribution of the estate is just on the other.The study consisted of three sections:• The first topic: the definition of the commandment in general, and then define the binding and the wisdom of the legislation.• The second topic: in the words of scholars and scientists in the binding, and discuss their evidence in some detail and the most correct statement of them.• The third section; was due in a statement commandment in the law and its relation to jurisprudence, then the binding statement images that reached after discussing the words of the jurists, and then the terms of the binding law and amount.• Conclusion then showed the most important results, as well as a proposal to amend Article seventy-fourth of Iraqi Personal Status Law

We have provided this research ( the legal status of the Minister under the Constitution of the Republic of Iraq for the year 2005 ) to study the minister entity constitutional his special legal system differentiated from any other entity so as to indicate its legal status under this Constitution , and began the study of reading constitutionality of the general principles governing authority Executive under a parliamentary system, as a result of a logical of estoppel link between the minister and the site location of the executive branch . On the one hand associated with development study that accompanied the organization of the executive branch and its role in governance, where it became responsible for the report of the general policy of the state and the management of public utilities and interference in various activities, even those of similar activity of individuals. This development is reflected on the site and the terms of reference and responsibility of ministers in the parliamentary system . On the other hand associated with this study, the relationship of traditional between the executive and legislative authority in the framework of a parliamentary system, where loosen the rules of the parliamentary system a shadow on the performance levels and direct the executive branch and its members for their jurisdiction in governance , and impose raised the status of minister through bilateral executive power, and for the ministry on the confidence of Parliament , and the combination of members of parliament and the ministry , and ministers enjoy special constitutional entity , and the Council of Ministers the owner of the real power in the practice of governance , the independence of the Minister in the administration of their ministries, and the responsibility of the executive branch in front of the parliament.

The constitutional swearing is considered one of the most importance topics which have direct effects on responsibility of person whose imposed on him، because the constitutional legislature don\'t lay out the provision that regulate constitutional swearing in obvious provision , therefore many of these provision need to be analyzed, reviewed and evaluated it because there is a long period in which that legislation is passed , in order to put theory of constitutional swearing in accordance with the general theory of constitutional law and the attitude of previous constitutions , in addition this research tries to respond on the question: are these classical rule that relate to constitutional swearing which is found in current constitution is enough to deal with that topic or it is necessary to create some legal rule ,or it shall amend some of Iraqi constitution to suit with the politician development ?

Vacancy of the position of the head of state in the constitutions of Iraq. Research included deep study of vacancy of head of state in the constitution of Iraq and some comparative constitutions, Through the representation of the kinds of vacancy of position, and the reasons that lead to achieve, especially in the case of permanent vacancy which is death, resignation, permanent disability and isolation. The study showed the position of Iraq and comparative constitutions, by determining the persons who undertake the duties of the head of state in the case of vacancy and determining the limits of these authorities.The study ended with anumber of recommend dations in order to fill the gap that marred the constitutional provisions that relate to the vacancy of position of head of state in the constitution of Iraq of the year 2005.

The subject of terrorism which have become important topics of concern to politicians and law, as well as intellectuals and people in general, which reflected echoes to occupy an important place in human studies unbeaten many writers and researchers to demonstrate the various aspects of the subject.Facing researchers in general a significant problem when searching on the subject of terrorism is to stand on the meaning or definition of a clear collector and mind to a single terrorism is one of the thorny issues and difficult so as to overlap many factors and different difficult this issue, and put obstacles and hurdles in the way of researchers.Terrorism has become a reflections of the reality of the communities that have become without the guilt groaning under the weight of the terrorist acts that took eat everything and everybody and destroy countries and its facilities, and kill the lives of its citizens.Adding to the complexity is the eternal conflict between the values ​​of good and evil and that Omitted some sense at the present time to form on some knowledge of any tract good and evil, whichever.

Found the law as a result of the inability of humans to live alone, it is a social enter into relationships complex and various types of transactions with others in conflict of interest in some cases, and in order to regulate these transactions created a human idea of ​​the law to confiscate diverse holds the solution resulting from disputes by a set of rules generally abstract and binding are associated component of the penalty or legal violence, and with the difference referred to was in the past and is still only that the idea that inspired the existence of these legal rules and forcing the scope of the group is the idea of ​​a single targeted access to the very organization of the transactions entered into by the members of the human community, some with others so that gives each his right without exceeding or conflict or corruption, ultimate goal of the law, which was said to be master of the world is to achieve the good of all and to ensure that the public interest as well as the maintenance of the rights and freedoms fixed for man, and protect your interests in the light of the reality content that the real power in any society will always be those who have fundamental interests in it, and this meaning is not inconsistent with those who say that the laws are the product of the encroachment of peoples and their needs in terms sprout and grow the plant in the ground, it puts the law used to be a great experience with people and things and The deep knowledge of life in order to reflect the facts in a satisfactory manner, and thus Total realized interest and approach more than the concept of justice.

This research deals with the risk of loss in discretionary commitment being a compound commitment characterized by the choice option, since the issue of commitment is two or more performances, but the debtor liability is discharged if he performed one of such several performances by the electing the creditor of law for facilitating the fulfilling the commitment and more securing of the collection process and is considered as an opportunity for the creditor or debtor to securitize and think prior to make a decision according to who has the right of option.This study of risk of loss required this introduction in which I dealt with the definition and conditions of the discretionary obligation and who is entitled to the option and the periods during which the choice is made. Then, I moved to study the main issue of this research through two sections. I talked in the first section about the provisions of loss if the debtor has the option. Such provisions are by article (410/1) of the Jordanian Civil Code whether such loss was caused by a foreigner, debtor or creditor and whether the loss was partial or total. Then, I moved to talk about the loss if the creditor has the option, the provisions of which have not be regulated by the Jordanian Civil Code and left such regulation to the general rules.

To study the issue of stripping the commitment of the defenses, as a study comparative legal in ways to protect creditors in relations Streptococcus, show us the importance of this topic and vitality, not in the park fertile him, represented the field of doing business with most forms and its applications, but in the framework of civil law as well, where adopted legislator civil states comparison provisions for stripping some of the kinds of commitments within the framework of legal relationships, whether these relationships nodal or multilateral, and whether the creditor beneficiary of abstraction directly involved in the relationship Streptococcus or foreigners about, and the wisdom behind the abstraction multiple and varied according to the legal system to be in it, because the abstraction in the letter rogatory to fulfill different from abstraction in bank debt, and the wisdom of both differ from the wisdom of abstraction in the commercial field, which highlights the need for such an origin in a manner clear and obvious, and the reason is the requirements of doing business and considerations of speed and credit that accompanies it, so blocking the legislator explicit provision debtor's ability to adhere to the payment did not know creditor him and had no role in its inception, as long as this creditor good faith, taking into account the requirements of justice and the stability of the deal.

This research aimed at acquainting with the new modification aspects that made upon the law State Shora \" Consultation \" Council in Iraq No. ( 65 )for the year 1979 . The most important aspects in this regards represented in formation of other administrative judicial courts with administrative judiciary court in State Shora \" Consultation \" Council , formation of official judiciary courts to replace general discipline council in practicing its authorities and responsibilities , and formation of supreme administration court to practice tasks and responsibilities of federal cassation court regarding civil judiciary .According to these developments , the new modified law concerned with appointment of many new judicial and consultative staff in accordance with the new development and changes that happened to existing and new formations . The legislator tried in the new modification law uniting his plans regarding the period of complain as a condition for accepting contestation with abrogating whether before administrative judiciary court or official judiciary court .The legislator dictated in the new modification law on upon the defect of \" the cause \" frankly as independence aspect from contestation with abrogating to end the existing juristic difference about this issue under the second modification law No. ( 106 ) for the year 1989 of State Shora \" Consultation \" Council law regardless that legislator failed in drafting other reasons for abrogation ; therefore the provisions relevance remained confusing and disturbance . In spite of this , the new fifth modification law of State Shora \" Consultation \" Council law is regarded an important advanced qualitative step toward completing the constituents of administrative judiciary in Iraq and provide its requirements .