Basra studies journal

The contractual liability of the lawyer for the act of third parties is made if there is a valid contract between the lawyer and the client with an error by the lawyer as a result of an act of third parties used to implement the obligation, as well as the existence of damage to the client, and that the damage to the client as a natural result of the error of the lawyer, and the basis of that responsibility according to Iraqi civil law deduced from the text of Article (168) thereof.
The third person who asks about the lawyer's act are assistants and the sub-lawyers. The lawyer asks the client about the actions of his assistants. The lawyer can use his assistant to fulfill his contractual obligations.
If the third party is a sub-lawyer, and the lawyer is authorized to empower another, (s)he will be asked to the client on the basis of the contractual liability for the act of the third party if the conditions are met, with the exception of two cases, namely, the lawyer's fault in choosing the sub-lawyer and his/her fault in the instructions (s)he issued. It is not permissible to delegate to others, it is conceivable that the contractual responsibility for the actions of others is fulfilled if the conditions are met.
If that responsibility was owed to the client, (s)he could return the entire compensation to one of them. If (s)he chose to return to the lawyer, his/her return was on the basis of the contractual liability, but if (s)he chose to refer to third parties, the provisions of tort liability were applied between them because there is no contract between them. The basis of solidarity, and the lawyer can require exemption from that responsibility, as well as the possibility of payment by proving the foreign cause or deny the mistake of others.

The fact that the arbitrator carried out a judicial act led to a number of trends calling for the granting of immunity from civil liability, as was the case with the state judge, However, the difference in the legal systems on the types of immunity of the judge also reflected the immunity of the arbitrator, in addition to the existence of the contract between the conflicting parties and the arbitrator, which dose not exist for the judge also contributed to the embodiment of this difference, while some legal systems to grant the arbitrator absolute immunity, under which the arbitrator dose not ask for any error issued by him/her, no matter how serious, in order to reach an end to the dispute, making decision arbitration dose not matter than how to reach this decision, while other systems adopted qualified immunity by which the arbitrator is asked not to issue the award, and also if the award was issued however the method of access to this decision was fraudulent or serious error, and the absence of legislative regulation of the immunity of the arbitral institution to include in their systems articles exempting them and exemption of the arbitrator of the responsibility, and we have concluded that this type of exemption is not immunity in the strict legal sense, but is only a condition of exemption from liability subject to its term and condition, and we were also shown the qualified immunity is the most appropriate by taking into account the interest of the arbitrator in terms of not being responsible for any mistake issue by as well as the interest of the adversaries by enabling them to answer the arbitrator because its issue error more than the need of the existence of immunity such as acts involving on fraud or gross error, which we concluded as a recommendation to our Iraqi legislator to take in to account when drafting legislation on arbitration.

The seller's obligation in providing after-sale services contributes effectively to the buyer's benefit from buying the goods. The buyer wants to obtain a sale that will achieve the desired benefit in achieving the purpose assigned to him/her.
The more the sale is sound and the better the performance, the purpose of the purchase is achieved. If there is any defect or malfunction in the sale, its repair and maintenance is better for the buyer to demand the dissolution of the contract or reduce the price or compensation.

The seller's obligation to provide after-sales services would also facilitate the buyer's use and use of the sale so that the buyer could master the means of dealing with modern high-tech equipment. It also guarantees the buyer's physical and moral integrity from the technical, complex and precise devices where the buyer can, through the seller's commitment to maintenance, face the damage that may be caused to him or his property if any defect or defect occurs in the sale.
The present paper dealt with the research according to a scientific plan, It outlined two sections, the first included the concept of after-sales service in the framework of the treaty guarantee, in which we tried to explain what this type of commitment through the statement of the legal basis of the latter, as well as the legal nature of it.
Second section is devoted to the provisions of the obligation to provide after sales services within the framework of the treaty guarantee, and it contains a brief explanation of the content of the obligation to provide after sales services, as well as the legal implications of the trader's commitment to provide these services.

The obligation to ensure conformity with the standard specifications is one of the new legal means to protect consumers, and therefore this study focuses on establishing the origin of this obligation in terms of its definition, its legal basis, its object which is represented by the standard specifications and the position of the comparative legislation. Moreover, this study examined the provisions of this obligation in terms of determining the procedures for verifying compliance with the standard specifications and the penalty resulting from violating these specifications, by adopting analytical comparative approach. Accordingly, this study compared between the legislation of four countries: France, Lebanon, Egypt and Iraq, with reference to the position of jurisprudence and judiciary in the countries under study whenever possible.

There is unanimity in all the heavenly laws and the great majority of the statutes to criminalize voluntary homosexuality, because this practice kills jealousy, masculinity, fraternity, and vices, so that only bad men and women would be engaged in it. However, this phenomenon has not been eradicated but still in human culture and passed on from generation to generation. It had supporters from various segments of society; but on the other hand, practicing homosexuality has been condemned and depreciated by society, bringing shame and embarrassment on the participants, before being punishable.
However, the dangerous thing is to be done in the last two decades of the last century to practice and boasting of belonging to a group of supporters of homosexuality. But even worse, becoming their propositions and the views of its supporters under interest of the United Nations and the international community which is struggling to legalization and moral legitimacy in its practice under the pretext of respect for sexual freedom and human rights.

The problem of the slow pace of criminal proceedings hinders the progress of criminal justice, since slow justice is a form of injustice. Therefore, in the majority of legislations, the national legislator sought to expedite the dismissal of the case, without prejudice to the rights of the defense. Fast Trial Criminal proceedings are a fundamental right of the accused because he has a constitutional right to a fair and impartial trial, which is an inherent constitutional right that is outside the right of litigation and is closely related to it.
The first is to take action against the accused to reach the truth and to sign punishment to achieve deterrence. The second is to give the parties to the case, especially the accused as the most dangerous center of the case, several guarantees, most notably that these measures are taken In a reasonable manner so as not to prolong the proceedings.
Hence, the problem of research is the lack of sufficient attention by the Iraqi legislator and a lot of legislation with the rules of reasonable duration, which, if any, are scattered in the framework of procedural laws, without trying to make them within the framework of one chapter of the law, It is missing a large shortage, so we highlighted the most important applications or manifestations of this important guarantee.

This study shows that the petroleum licensing contracts are a legal act of a complex nature from a license issued under a law or an administrative decision and an administrative contract regulating this license, and that the control of these contracts is a constitutional right and duty that finds its legal justification in the principle of sovereignty over natural resources. The activities licensed by the state and the public property rights of petroleum and the legal nature of the public utility. The study dealt with the previous control procedures from the preliminary stages through the final stages and the signing of the contract and then transmitting the contract documents to the competent authority The study also tackled the following monitoring procedures, whether supervising, supervision or internal control, through the representatives of the contracting authority in the joint management of the project. If the control results from a deviation in implementation, this deviation must be rectified through the processing of legislative texts or Contractual, whether amending, canceling, adding or taking any deterrent action against the licensee to ensure the good performance of the contract

The subject of Analogy between States and Firms with its philosophical nature is one of the most important topics of commercial law. This theory is considered to lay the foundation for most of the current legal systems applied in companies. As usual, the common law system seeking for an old philosophy to establish on them modern legal ideas. The subject of Analogy as a philosophy considered as the origin of many of these legal applications such as corporate governance, corporate social responsibility and finally corporate citizenship.

This research studied criminal liability arising from the overfishing in Iraq. This study found the need to maintain the biological balance in the environment, Whereas any overflow on this system would have negative effects at various levels in economic and environmental aspects. This is a problem in aggravation or increasing, So it is necessary a serious pause to reduce this dangerous phenomenon through combine efforts in legislative, executive and monitoring institutions.