Journal of Legal Sciences

The check represents an commercial document which occupy wide scope of financial circulation. The check also represents an legal instrument for formation, currency, guarantee before spending and expiring checking so there exist an sanctions rules should apply on the person who deal with it without sufficient balance. The aim of this study is to give an features to avoid illegal using for check which is passing through two stages: First: carrying out verification on the opening-operating banks account to avoid undesirable currency. Second: carrying out verification on the form of the check without any counterfeiting, distortion according to this direction so we may study the subject and the base of these verifications in practical reality which takes two procedures : The first: the verification on the form check itself. The second: the verification on the personality which demand for spending check, so we study these directions by two chapter.

the regulation of provfing the domicile in the private international law is one of the precise issues . its précising increase in most legislations in countries which do not take the domicile the craberia of nationality determing the applicable law when laws confleet , more than that domicile still occupied a prominant role in anglo.saxson countries specially England and USA. Despite that the iraq legislation depend the criteria of nationality the importance of the domicile atremendous role in this criteria . when its merge with the usual recedency . which requires the necessity of proving the (orgaining) it or changing it or lossing it by the person who has the utility in obtaing the Iraqi nationalityThere are more difficulties in the Iraq legislation which still applying the rules of the internal domicile on domicile in private international law despite the huge differences in this rules . more than that the rules of the internal domicile not enough to incubate all the conflicts that arouse because of the public international law cases.From this point we find the importance of regulating the rules of domicile iraq legislation specially the matter of proving it. Which considers one of the important issues which must be taken in considration in the reviewing of the ruls that regulate the issues of the private international law

Legal provision for the apportionment of benefits between the Islamic jurisprudence &man made LawsAl though the legislator believes that there are many disadvantages about the prevalent ownership of a property ,because of its partners disagreement about the management & use of this property that block its investment to serve the national economy ,but this phenomenon a fact. And because there are many conditions where we can find many people having the prevalent property ,the legislator tried many times to minimize this kind of property to prevent its negative results by limiting the period of having this property the way it is and permitting the partners to use their rights in what we call(Division of benefits) which put the property in a dynamic state.In this research we will take one part of this subject in details , discussing the legal provisions of apportionment of benefit ;including legal provisions related to partners , also proving this kind of division and using it to protest against others .finally we will discuss the expiration states of this type of division .All this would be provided by a comparative study between Islamic jurisprudence and civil laws .The main reason for choosing this subject that it is truly lacked in the Arab library and almost there no researches about it.

The transportation of the officials employees considered as one of the public authority important privileges in the framework of the public institutions ,and it should aimed through it to achieve the public interest, to insure the public institutions continuous and to seek the social and economic and technologic changements, the public administration could use this power further purposes ,and that means that it could use it as a means to punish the official employee with a revenge purposes or eliminate him or any other purposes ,and then it was necessary to search this subject and clarify its concept ,and deferent attitudes of the Iraqi administration judicial authority and the modern comparative studies about it ,in order to achieve justice through making a balance between the aims of public interest and the private interest of the official employee.

There are two ways that the contract might be formed with (contracting between persons who are attended and contracting between absence persons).the need for determining the precise moment of the contract , is so clear because there is a specify period separate between the declaration of acceptance and the knowledge with it .and it is clear from the four theories known for jurisprudence (theory of the declaration of the acceptance, theory of exporting the acceptance , theory of the arrival of the acceptance , theory of the knowledge with the acceptance ) . It is difficult to promote one theory on another one if we look at each one and the justification of its supporters and what the opponents of each theory expose. Legal background and different circumstances for each country might have influence in determining the theory that must be adopted to determine the moment of contracting, while the preponderant opinion which represents a base that the supporter of each theory dashing from is the part that worth the protection, so if we want to considerate interest of the offer we will depend then on the acceptance theory or it leas the reach of the acceptance theory. While if we want to take the interest of the acceptor in consideration then we will follow the theory of the declaration of the acceptance or theory of sending the acceptance.United nation convention on contracts for the international sale of good has adopted theory of the arrival of the acceptance. While English law and Iraqi law have adopted theory of knowledge with the acceptance, while the theory of the declaration of the acceptance has been adopted by the Jordanian law.Finally there so many important results on the determining of the moment of contracting not included in the provision of the convention for different reasons either it excluded because of a clear provisions in the agreement or it haven’t been take-in consideration by the work committees that prepared the agreement , or because of abstractions that aroused. So this issue remained excluded from being submitting to the rules of the agreement and its subject only to the internal law according to the rules of private international law.

Criminal law protect human being in the womb to the moment of natural death , human physiological and body safety , dignity ,freedom , are the most important rights that highly regarded in every civilized society .However those rights are not equally recognized between men and women, usually and especially in most of the traditional communities’ woman suffering socio-legal bias. Norms , costume , misunderstanding rules of religions have a reflect on some legal rules which violates some of the basic rights of women .One example of that is the case of use of right as a cause of justification in the form of wife discipline in the Islamic countries .We don’t reject this right but we reject the use of this right to commit crimes . We discuses this subject in tow chapters : Islamic concept and positive laws in chapter one . in the second chapter we focus on the case of misuse and exuding the limits of this right in Arabic and Islamic laws and the case of marriage rape.

Capital companies especially joint stock company stand on the base of contribution of each partners and the liability is determined by this contribution, because the financial consideration prevail on the other consideration but the personal consideration does not totally disappear from companies contract because some of personal characteristics must be taken in to account like financial efficiency of the partner The other personal consideration in joint stock company can be represented by the following:1-The Capital can be divided only by nominate shares.2-The Capital stay constant on the life of the company.3-There are many restrictions on the use of the establishing shares & guarantee shares.4-The existence of get back right when the shares are transferred to undesirable persons. The assay are divided in to two section ,the first deal with the concept of the personal consideration ,while the second explain the application of this consideration in joint stock company.

Boils down to we discussed the issue compared to the investment law, Federal Law No. (13) for the year 2006 and the Investment Law Kurdistan (4) for the year 2006, which illustrates the change of economic policy for Iraq in general and the Kurdistan Region, especially in light of current conditions, clearly to the contribution of foreign capital in financing economic development as one of the most important sources of external financing, which is beyond its role in influencing economic development on internal financing for developing countries, and became the export of capital in the form of investment is the distinctive character of the framework for international economic relations during this period. Iraq has been generally and the Kurdistan Region, a move widely towards integration into the global economy and through a major overhaul of the legal system and state institutions and begin to develop legislation based on policy development and financing of the economic system of the state of a centralized system prompt to open economic system depends on the market and has the merit of continued growth strengthening the role of the private sector and encourage and qualifying to compete with foreign enterprises, and it passed the investment law, Federal Law No. (3) for the year 2006 and the Investment Law Kurdistan (4) for the year 2006, but that such legislation, and agreed to its objectives but they differed in the means of achieving them, was the policy of the Iraqi legislature in each of the two laws is a unified and harmonious this the one hand, on the other hand, the attempts of the legislator in each of the two laws in the promotion of the role of investment and create economic base sober were not devoid of weaknesses legal in many of its provisions, which if compared to the texts of investment in comparative legislation, we will find it does not fit the modern trend towards the adoption of an open economy policy. Accordingly, the've focused on the study of similarities and differences in the legislative policy to invest in Iraq in general and the Kurdistan Region in particular, in the light of a comparative study shows similarities and differences between the investment law, the federal and the Kurdistan and weaknesses legal in all of them and according to plan we decided to be divided into five sections, devoted the first to demonstrate the procedures for the establishment of the investment project and the second one was devoted to demonstrate the extent enjoyed by the investor of the benefits under both Acts, and the third has been allocated to the statement of the legal safeguards for investment, and the fourth had we dealt with the means to settle investment disputes in each of the two laws, while the fifth section was allocated to the statement of violation of the terms of the investor and the investment implications of the sanctions in each of the laws and finally the conclusion included findings and proposals.